The appellant police officer appealed a finding of discreditable conduct and a penalty of 32 hours forfeiture.
The officer had submitted profane and insulting comments criticizing equity, diversity, and inclusion initiatives to an anonymous virtual suggestion box.
The Ontario Civilian Police Commission dismissed the appeal, finding the hearing officer reasonably concluded the comments were not protected by case-by-case privilege and the proceedings were not an abuse of process.
The Commission also held that the disciplinary action was a proportionate limit on the officer's freedom of expression under section 2(b) of the Charter, as the penalty targeted the abusive language rather than the expression of dissent.