Constable Favretto was dismissed by a Hearing Officer for discreditable conduct after pointing his firearm at a fellow officer while in a dissociative state caused by workplace harassment.
The Ontario Civilian Commission on Police Services varied the penalty to a demotion, finding the Hearing Officer failed to properly weigh provocation and rehabilitation.
The Divisional Court reinstated the dismissal.
The Court of Appeal allowed the officer's appeal, holding that the Divisional Court failed to properly apply the reasonableness standard of review to the Commission's decision, which was supported by a tenable explanation.
