Dennis W. Brown, Q.C.

The applicant union sought production of various government documents relating to the privatization of the 'GO Temp' service, alleging the Crown breached its duty to bargain in good faith by failing to disclose this decision during collective bargaining.

The Crown objected on grounds of timeliness and Crown public interest immunity.

The Board dismissed the timeliness objection.

Applying the test for Crown immunity, the Board found that certain Cabinet submissions and briefing notes were protected from disclosure.

However, the Board ordered the Crown to deposit specific documents reflecting the actual decision to privatize for the Board's confidential inspection to determine if they should be produced.

The appellant, a provincial constable, appealed a disciplinary conviction for neglect of duty and the resulting penalty of forfeiting two days or twenty hours of time off.

The charge arose from his response to a report of missing boaters who subsequently drowned.

The Ontario Civilian Police Commission upheld the conviction, finding that the appellant failed to apply full diligence to his duties, notably by booking off his shift without following up on the search or completing an occurrence report.

However, considering the appellant's inexperience and unblemished record, the Commission reduced the penalty to a reprimand.

The appellant police officer appealed a conviction for insubordination after he refused a lawful order to provide his residential address to the Force.

He argued the charge should be quashed due to a three-month delay in scheduling the appeal, that the Force failed to comply with the Freedom of Information and Protection of Privacy Act, and that he had a lawful excuse because his wife had previously been harassed by another officer.

The Ontario Civilian Police Commission dismissed the appeal, finding the delay was not undue, the Force had complied with the privacy legislation, and the harassment claim was not raised at the time of the order and did not constitute a lawful excuse.

The conviction and penalty of forfeiture of two days' leave were upheld.