Erika Hodge

The applicant sought judicial review of a decision by the Chief of Police dismissing her complaint against certain police officers as unsubstantiated, based on an investigative report.

Before the independent review of the decision could be completed, the subject officers resigned, causing the review to be halted pursuant to section 90 of the Police Services Act.

The Divisional Court dismissed the application as premature, noting that the complaint process is held in abeyance for five years and could resume if the officers are re-employed.

The court also held that statutory secrecy provisions prevent the investigative report from being used against the applicant in other civil proceedings.

The appellant, a police sergeant and helicopter pilot, appealed his convictions for breach of confidence and discreditable conduct, as well as his penalty of a one-year demotion.

The charges arose after he published a letter in a local newspaper criticizing the OPP's decision to relocate a helicopter unit, arguing it jeopardized public safety.

On appeal, he argued the Hearing Officer erred in denying disclosure, refusing to recuse herself for bias, and rejecting his whistleblower defence.

The Commission dismissed the appeal, finding no reasonable apprehension of bias and agreeing that the whistleblower defence failed because the appellant did not attempt to raise his concerns internally before going to the media.

The convictions and penalty were confirmed.