Eugene Bhattacharya

The appellant police officer appealed findings of misconduct (neglect of duty and deceit) and the penalty of dismissal imposed by a Hearing Officer.

The misconduct arose from the appellant's failure to properly investigate a suspected impaired driver and his subsequent false explanations to his supervisor and Professional Standards Bureau.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer did not misapprehend the expert evidence, drew reasonable inferences from the facts, and appropriately weighed the dispositional factors in imposing the penalty of dismissal.

Following a jury conviction for sexual assault, sexual touching, and invitation to sexual touching involving a child under 14, the court sentenced the offender for the sexual touching count and stayed the remaining counts under the Kienapple principle.

The court found multiple aggravating factors, including abuse of a child in a position of trust, repeated incidents involving vaginal penetration, secrecy, planning, and the commission of the offences while the offender was on bail for similar allegations involving other children.

Applying the Gladue/Ipeelee framework, the court accepted that the offender's Indigenous background had some modest relevance but found the report did not show a sufficient connection between systemic factors and moral blameworthiness or sentencing alternatives.

Denunciation, deterrence, and protection of the public predominated, and an 8-year penitentiary sentence with ancillary lifetime and other protective orders was imposed.

The respondent requested that the Tribunal defer consideration of the human rights application pending the conclusion of criminal proceedings against him.

The respondent argued that the criminal charges arose from the same factual allegations as the application.

The applicant opposed the deferral.

The Tribunal granted the request, finding that deferral was appropriate to protect the respondent's right to remain silent in the criminal proceeding and to avoid inconsistent findings of fact.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent licensee for alleged violations of the Liquor Licence Act regulations, specifically failing to clear signs of service and overcrowding.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that patrons were consuming beer after hours and the premises were overcrowded.

The Board accepted the joint submission and ordered a 14-day suspension of the liquor licence.