The appellant, a police officer with 31 years of service, appealed his demotion from Staff Sergeant to Sergeant after being found unfit for duty due to alcohol consumption.
The Ontario Civilian Police Commission dismissed his appeal against conviction, rejecting arguments under section 11(d) of the Charter.
However, considering his prior good service, his efforts at rehabilitation through Alcoholics Anonymous, and the financial penalties already suffered, the Commission varied the sentence.
The appellant was reinstated to the rank of Staff Sergeant without the requirement to rewrite qualifying examinations.