D. Butt

The appellant police officer appealed a penalty of demotion imposed after he pleaded guilty to discreditable conduct, insubordination, and unlawful use of force against an Indigenous civilian.

The appellant argued the Hearing Officer erred by failing to give appropriate weight to medical evidence of his PTSD and rehabilitation, failing to consider the civilian's lack of complaint, and failing to apply the principle of progressive discipline.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer reasonably weighed the dispositional factors, including the seriousness of the misconduct and the damage to the reputation of the police service, in determining that demotion was the appropriate penalty.

The appellant police officer appealed a penalty decision demoting her from first-class to third-class constable for one year, followed by one year as second-class constable, after she pleaded guilty to discreditable conduct relating to her refusal to comply with COVID-19 vaccine mandates at a hockey arena and subsequent inappropriate social media posts.

The Commission allowed the appeal in part, finding that making her progression through the ranks conditional on the 'concurrence' of her unit commander improperly granted unfettered discretion.

The condition was varied to 'as confirmed by her unit commander'.

The appeal was otherwise dismissed, as the Hearing Officer made no errors in principle in weighing the appellant's rehabilitative efforts, expressions of remorse, or the consistency of the disposition.