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Appeal of nine-day penalty for improper CPIC access dismissed; hearing officer's procedural choices upheld.
The appellant police officer appealed a penalty of nine days (72 hours) imposed following a guilty plea to one count of insubordination under the Police Services Act.
The charge arose from a public complaint that the officer improperly accessed CPIC information and released it to his father.
The appellant argued that the hearing officer erred procedurally by going beyond the agreed statement of facts and accepting unsworn victim impact statements from the complainant.
The Commission found no error in principle and held that the hearing officer had authority under section 15 of the Statutory Powers and Procedure Act to receive the statements.
The appeal was dismissed.
Police officer's appeal of nine-day penalty for improper CPIC inquiries dismissed; procedural errors did not warrant interference.
The appellant police officer appealed a nine-day penalty imposed following a guilty plea to insubordination for improperly accessing CPIC information and releasing it to his father.
The appellant argued the Hearing Officer erred procedurally by accepting unsworn victim impact statements and going beyond the agreed statement of fact.
The Ontario Civilian Police Commission dismissed the appeal, finding the penalty was within the appropriate range and the Hearing Officer had authority under section 15 of the Statutory Powers and Procedures Act to receive the statements, though noting a preference for sworn evidence in quasi-judicial hearings.
Police officer's appeal of nine-day penalty for improper CPIC inquiries dismissed despite procedural irregularities.
The appellant police officer appealed a penalty of nine days' forfeiture of pay imposed after he pleaded guilty to insubordination under the Police Services Act for improperly accessing CPIC information and releasing it to his father.
The appellant argued that the Hearing Officer erred procedurally by going beyond the agreed statement of facts and by receiving unsworn victim impact statements from the complainant and his wife.
The Ontario Civilian Commission on Police Services dismissed the appeal, finding that the penalty was within the appropriate range and that the Hearing Officer had the authority under section 15 of the Statutory Powers and Procedures Act to receive the statements, although the Commission noted that evidence should normally be taken under oath.
