James A. Girvin

The applicant, an off-duty police officer, spoke at a conference in favour of cannabis legalization despite being ordered not to attend or speak.

He was convicted of insubordination and discreditable conduct.

The Ontario Civilian Police Commission revoked the discreditable conduct conviction but upheld the insubordination conviction, finding the order was lawful under s. 49 of the Police Services Act.

On judicial review, the Divisional Court found the Commission's decision unreasonable because it failed to consider s. 80(2) of the Act, which requires a connection between off-duty conduct and the occupational requirements or reputation of the police force.

Given the Commission's findings on the discreditable conduct charge, the court concluded the s. 80(2) test could not be met and revoked the insubordination conviction.

The applicant, an OPP Sergeant, sought judicial review of a decision by the Ontario Civilian Police Commission upholding findings of misconduct for writing a letter to a newspaper criticizing a helicopter relocation.

The applicant argued the Hearing Officer was biased and erred in denying a disclosure motion, which prevented him from establishing a whistleblower defence.

The Divisional Court dismissed the application, finding no reasonable apprehension of bias and agreeing with the Commission that the whistleblower defence failed because the applicant did not first raise his concerns internally with his chain of command.