Dr. R. Dickey

The 65-year-old accused, a first-time offender with an otherwise exemplary background, was found guilty of possessing a large quantity of child pornography.

The Crown sought 18 months' imprisonment, while the defence sought the mandatory minimum of six months.

The court weighed the significant mitigating factors, including the accused's low risk of reoffending and positive community history, against the aggravating factor of the large collection of images.

The court sentenced the accused to nine months' imprisonment followed by three years' probation, along with ancillary orders.

The applicant Ministry sought judicial review of a Grievance Settlement Board decision reinstating a Transportation Enforcement Officer who was terminated after pleading guilty to off-duty indecent acts.

The Divisional Court allowed the application and upheld the termination, finding that the Board's decision was unreasonable.

The Board misapprehended medical evidence regarding the employee's long-term risk of reoffending and unreasonably diminished the significance of the Millhaven criteria for off-duty conduct, particularly the negative impact on the employee's credibility as a peace officer required to testify in court.