The Chief of Police appealed a decision of the Ontario Civilian Commission on Police Services (OCCPS) which reinstated a police officer who had been terminated by a Hearing Officer.
The officer, who developed a cocaine addiction and post-traumatic stress disorder while working undercover, had pled guilty to drug possession and disciplinary charges.
The employer and the officer had presented a joint submission on penalty proposing reinstatement with strict conditions, which the Hearing Officer rejected in favour of termination.
OCCPS found the Hearing Officer's decision unreasonable and substituted the joint submission.
The Divisional Court dismissed the Chief of Police's appeal, holding that OCCPS correctly applied the reasonableness standard of review and reasonably concluded that the Hearing Officer ignored relevant evidence and the employer's duty to accommodate the officer's disability.
