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Appeal of police officer's 18-month demotion for misconduct in sudden death investigation dismissed.
The public complainants appealed the penalty imposed on a police officer found guilty of neglect of duty and discreditable conduct in relation to the sudden death investigation of an Indigenous man.
The Hearing Officer had ordered an 18-month demotion and cultural competency training.
The complainants argued the officer should be dismissed, citing the public interest, the importance of reconciliation, and region-specific demands regarding anti-Indigenous racism.
The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer reasonably weighed all relevant factors, including the public interest and reconciliation, and did not err in concluding that dismissal was not warranted.
Police officer's appeal of misconduct findings and demotion for racially biased, inadequate death investigation dismissed.
The Appellant, a Staff Sergeant, appealed a Hearing Officer's decision finding him guilty of neglect of duty and discreditable conduct under the Police Services Act, and the resulting penalty of an 18-month demotion.
The charges arose from his role as the lead investigator into the sudden death of an Indigenous man, where he prematurely concluded the death was non-criminal and failed to conduct a basic investigation.
The Commission found the Hearing Officer's conclusions reasonable, including the finding that the Appellant's deficient investigation was rooted in racial bias and stereotypes.
The appeal was dismissed and the findings and penalty were confirmed.
Leave to appeal penalty granted; issues of anti-Indigenous racism in police investigation deemed significantly important.
The complainants sought leave to appeal the penalty imposed on a police officer who was found guilty of neglect of duty and discreditable conduct regarding his investigation into the sudden death of an Indigenous man.
The officer had been demoted for 18 months and ordered to complete cultural competency training.
The Commission granted leave to appeal, finding that the issues raised regarding the appropriate penalty and the consideration of the Indigenous community's perspective were of significant importance to the policing profession and the community at large.
