The appellant police officer appealed a finding of discreditable conduct and the associated penalty of a 12-hour forfeiture.
The conviction arose from an incident where the officer discharged his firearm at the rear tire of a fleeing stolen vehicle during a high-speed pursuit.
The Commission upheld the conviction, finding that the officer fired for the sole purpose of stopping the vehicle, contrary to section 8 of O. Reg. 546/99, and not out of an immediate fear for his life, as the vehicle was passing him at the time.
However, the Commission varied the penalty by deleting the Hearing Officer's conditions regarding the specific timing and reporting of the 12-hour forfeiture, finding those matters best left to the officer's unit commander.
