A police officer appealed a decision of the Ontario Civilian Commission on Police Services (OCCPS) that dismissed his appeal from a Hearing Officer's finding of misconduct.
The officer argued the Hearing Officer lacked jurisdiction because the Notice of Hearing was served outside the six-month limitation period under s. 69(18) of the Police Services Act.
The Divisional Court allowed the appeal, finding that OCCPS applied an incorrect legal test to determine when sufficient facts came to the Chief's attention, rendering its decision unreasonable.
The Court further held that the officer's guilty plea did not waive his right to appeal the jurisdictional defect, as consent cannot confer jurisdiction on a statutory tribunal.
