The applicant police officer sought judicial review of an Ontario Civilian Police Commission (OCPC) decision that upheld his misconduct conviction for Unlawful or Unnecessary Exercise of Authority and ordered a new hearing for a Neglect of Duty charge.
The charges arose from an incident where the officer failed to remove handcuffs from a misidentified suspect after learning they were not the intended target.
The Divisional Court dismissed the application, finding the OCPC's decision reasonable.
The court upheld the OCPC's dismissal of a fresh evidence motion regarding post-decision communications, found no reversible error in the hearing officer's use of copied precedents, and agreed that the failure to release the misidentified suspect constituted an unlawful arrest.
