Bianca Bell

The appellant police officer appealed her disciplinary convictions on the grounds that the Hearing Officer's private lunches with the prosecutor created a reasonable apprehension of bias.

The Ontario Civilian Police Commission found that while the private lunches did create a reasonable apprehension of bias, the appellant had waived her right to raise the issue because her experienced representative failed to object at the earliest opportunity and instead waited until after the unfavourable decision on the merits was rendered.

The appeal was dismissed and the convictions and penalties were confirmed.

The Member, a teacher, pleaded guilty to professional misconduct for making inappropriate comments to students and failing to maintain professional boundaries over several years.

The Discipline Committee accepted a joint submission on penalty, finding the Member guilty of psychological or emotional abuse, failing to maintain professional standards, and engaging in disgraceful, dishonourable, or unprofessional conduct.

The Committee ordered a reprimand, noting the Member had already resigned and provided an undertaking not to teach in Ontario without completing remedial coursework.

The respondent police service brought a motion to dismiss the appellant officer's appeal as untimely under section 87(1) of the Police Services Act.

The appellant had been demoted with conditional reinstatement, but was not reinstated following a subsequent suspension.

After an arbitrator ruled the dispute was disciplinary and not arbitrable, the appellant appealed to the Commission.

The Commission dismissed the motion, finding that the 30-day time limit in section 87(1) did not apply because no hearing had taken place.

The Commission further held it had jurisdiction under section 78(1) because the complaints process was not completed given the conditional nature of the original penalty.

The Member faced allegations of professional misconduct.

The College withdrew certain allegations.

Based on an Agreed Statement of Facts and Guilty Plea, the Discipline Committee found the Member committed professional misconduct contrary to subsections 1(5), 1(7.2), 1(18), and 1(19) of Ontario Regulation 437/97.

The Committee accepted the Member's resignation and undertaking not to teach in Ontario, and ordered a reprimand.