Bruce K. Brown

The appellant police officer appealed a disciplinary decision finding him guilty of neglect of duty and discreditable conduct.

The Ontario Civilian Police Commission found that the Hearing Officer erred in law by failing to rule on the appellant's motion for a stay of proceedings based on abuse of process.

The Commission determined that the deliberate merging of the internal disciplinary investigation and the criminal investigation, which used regulatory powers to compel evidence for the criminal probe, constituted an egregious abuse of process and a violation of the appellant's Charter rights.

The Commission set aside the Hearing Officer's decision and ordered a stay of proceedings on all counts.

The appellant police officer appealed findings of guilt for deceit and discreditable conduct, as well as the penalty of a six-month demotion, arising from his failure to properly investigate a fellow officer's possession of potentially stolen property.

The appellant argued the hearing officer misapprehended evidence and provided deficient reasons.

The Ontario Civilian Police Commission dismissed the appeal, finding that the hearing officer's conclusions were reasonable, supported by the evidence, and that the penalty fell within the acceptable range of outcomes.

The Appellant, a police officer, appealed a finding of guilt for neglect of duty arising from a suspect apprehension pursuit conducted in an unmarked police vehicle.

The Hearing Officer found that the Appellant breached police procedures but concluded the breach was not wilful, yet still constituted misconduct.

On appeal, the Ontario Civilian Police Commission found that the Hearing Officer erred in determining the breach was not wilful.

Given the Appellant's training and the absolute prohibition against using unmarked vehicles in pursuits, the Commission concluded the breach was deliberate and intentional, thereby satisfying the requirement of wilfulness for neglect of duty.

The appeal was dismissed.

The appellant police officer appealed the penalty of resignation or dismissal imposed by a Hearing Officer after pleading guilty to multiple counts of discreditable conduct, neglect of duty, and insubordination.

The appellant argued the Hearing Officer erred in fact and failed to properly consider the employer's duty to accommodate his generalized anxiety disorder and alcohol dependency.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's decision reasonable.

The Commission noted the appellant had previously been reinstated under a 'last chance' agreement for similar misconduct and failed to comply with its conditions, concluding the employer had fulfilled its duty to accommodate.

The appellant, a police officer, appealed a finding of guilt for insubordination after failing to comply with an order from the Chief of Police to provide information regarding his secondary employment in a home construction company.

The appellant argued that the order was unlawful because it requested personal and corporate tax records.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Chief's order was lawful as it was issued for the public purpose of investigating compliance with the Police Services Act.

The Commission held that the appellant had a duty to respond to the lawful portions of the order and that relying on legal advice did not provide a lawful excuse for his failure to comply.