Inspector A.M. Wilkinson

The appellant police officer was convicted of discreditable conduct for engaging in a secondary retail business without the consent of the Commissioner, contrary to section 61 of Regulation 791 under the Police Act.

He appealed the conviction and the penalty of forfeiture of three vacation days to the Ontario Civilian Police Commission.

The Commission dismissed the appeal, finding that the business was a commercial venture extending beyond a hobby, and that the Commissioner reasonably exercised his discretion to deny consent.

The Commission also rejected the appellant's argument that the prohibition violated his rights under sections 6(2) and 15 of the Charter, concluding that the limitation was reasonable and not discriminatory.

The appellant police officer was convicted of insubordination for disobeying an order to cease physical involvement in a secondary business (an outfitters store).

On appeal, the officer argued that he was merely counselled, not ordered, and challenged the authority to give such an order.

The Ontario Civilian Police Commission found that the written memorandum and subsequent telephone conversation constituted a clear order to comply with the law regarding secondary employment.

The appeal was dismissed and the penalty of a reprimand was confirmed.