2 total
Judicial review dismissed; police reasonably included non-conviction information in vulnerable sector check based on pattern of predation.
The applicant sought judicial review of a reconsideration decision by the respondent police service, which refused to remove non-conviction information from his Vulnerable Sector Check.
The information related to withdrawn and stayed charges involving allegations of criminal harassment, sexual assault, and sexual interference where the alleged victims included children.
The Divisional Court dismissed the application, finding that the police service's interpretation of 'alleged victim' and 'pattern of predation' under the Police Records Checks Reform Act was reasonable and consistent with the legislation's purpose of protecting children and vulnerable persons.
Police misconduct finding overturned and new hearing ordered due to hearing officer reversing burden of proof.
The appellant police officer appealed a hearing officer's decision finding him guilty of misconduct for allegedly making racist and sexually suggestive comments to a civilian employee during a ride-along.
The Ontario Civilian Police Commission allowed the appeal and ordered a new hearing, finding that the hearing officer made fundamental errors in his credibility analysis.
Specifically, the hearing officer improperly shifted the burden of proof to the appellant by requiring him to explain why the complainant would fabricate the allegations, and unreasonably failed to consider the impact of subsequent friendly text messages between the parties on the complainant's credibility.
