W. Vincent Clifford

The Crown appealed the respondent's acquittal on impaired driving charges.

The trial judge had found "bolus drinking" was in play, and excluded evidence of the respondent's weight, obtained without statutory or common law authority, under s. 24(2) of the Charter.

The appeal court upheld the trial judge's findings on bolus drinking and the s. 8 Charter breach, agreeing that compelling the respondent to be weighed without proper legal authority was a serious breach.

The court also upheld the exclusion of evidence under s. 24(2) of the Charter, emphasizing the need for police policy to be authorized by law and the importance of protecting a detainee's right against self-incrimination.

The appellant police officer appealed findings of guilt for insubordination and breach of confidence, as well as the penalty of resignation or summary dismissal.

The charges arose from an unauthorized CPIC check on a surveillance vehicle involved in a joint forces investigation, and the subsequent disclosure of that information to an undercover officer.

The Ontario Civilian Police Commission upheld the Hearing Officer's findings, concluding that the credibility assessments and factual determinations were reasonable and supported by clear and convincing evidence.

The penalty of dismissal was also upheld given the serious nature of the misconduct, the officer's lack of remorse, and the paramount importance of protecting the CPIC database.