A police officer appealed a decision of the Ontario Civilian Commission on Police Services (OCCPS) upholding his termination.
The officer had pleaded guilty to eight disciplinary offences related to purchasing and stealing cocaine while on duty, which he attributed to a cocaine addiction.
He argued the police service had a duty to accommodate his disability.
The Divisional Court held that while the OCCPS must be correct in its legal interpretation of the duty to accommodate, its application of that duty to the penalty was reviewable on a reasonableness standard.
The Court found the OCCPS reasonably concluded that accommodating the officer would cause undue hardship given the egregious nature of his misconduct and the destruction of his usefulness as a police officer.
The appeal was dismissed.
