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Police officer's appeal of neglect of duty conviction dismissed; failure to properly conduct wellness check upheld.
The appellant police officer appealed a finding of guilt for neglect of duty under the Police Services Act.
The charge arose from his failure to properly investigate a wellness check on two vulnerable women, one of whom was later found deceased in their home.
The officer had driven by the residence but did not exit his vehicle or knock on the door, assuming the house was abandoned.
The Ontario Civilian Police Commission applied a reasonableness standard of review and upheld the Hearing Officer's decision, finding that the officer failed in his common law duty to protect life and safety and lacked a lawful excuse for his lack of diligence.