D. Amyot

The applicant, a police officer, sought judicial review of an Ontario Civilian Police Commission decision upholding a finding of discreditable conduct and a penalty of 80 hours' forfeited pay.

The misconduct stemmed from a $50 anonymous donation the applicant made to the 'Freedom Convoy' protests while on unpaid leave.

The Divisional Court dismissed the application, finding it was reasonable for the Commission to conclude the protests were illegal and that the limitation on the applicant's freedom of expression was proportionate to the statutory objectives of maintaining effective policing.

The court also upheld the Commission's refusal to hear a new abuse of process argument on appeal.

The appellant, a police officer, appealed a Hearing Officer's decision finding him guilty of discreditable conduct and ordering a forfeiture of 80 hours.

The misconduct stemmed from a $50 donation the appellant made to the Freedom Convoy while off-duty and on an unpaid leave of absence.

The Ontario Civilian Police Commission upheld the finding of misconduct, concluding there was clear and convincing evidence that the protests were illegal at the time of the donation.

The Commission declined to hear an abuse of process argument raised for the first time on appeal.

Although the Hearing Officer erred by failing to conduct a Doré analysis to balance the appellant's section 2(b) Charter right to freedom of expression against the statutory objectives of the Police Services Act, the Commission conducted the analysis and found the disciplinary action was a proportionate limit on the right.

The penalty of 80 hours forfeiture was affirmed as reasonable.

The applicant, a police officer, sought judicial review of a decision by the Ontario Civilian Police Commission confirming his conviction for discreditable conduct and a nine-month demotion.

The applicant argued his guilty plea was invalid due to a panic attack and that his hearing counsel provided ineffective assistance by failing to file medical evidence at the penalty hearing.

The Divisional Court dismissed the application, finding the Commission reasonably concluded the guilty plea was voluntary and that counsel's tactical decision not to file the medical report in light of a joint submission on penalty did not constitute ineffective assistance.

The court also refused to admit supplemental affidavit evidence on judicial review.