Lynette E. D’Souza

The appellant police officer appealed a decision of the Ontario Civilian Commission on Police Services, which upheld a Hearing Officer's finding that he was guilty of unlawful or unnecessary exercise of authority.

The charges arose after the appellant arrested an individual for public intoxication and failing to identify himself, resulting in an altercation.

The Divisional Court dismissed the appeal, finding that the Commission reasonably concluded the Hearing Officer's decision was supported by the evidence, despite deficiencies in the Hearing Officer's reasons regarding credibility findings.

The appellant, a police sergeant, appealed a finding of guilt for neglect of duty under the Code of Conduct.

The charge arose from his supervision of a response to a domestic dispute where allegations of assault and threats were made but not properly investigated.

The appellant argued that the Hearing Officer set unrealistic expectations and that the primary investigating officer was responsible for the investigation's shortcomings.

The Commission dismissed the appeal, finding that as the senior officer on scene, the appellant had a duty to supervise and ensure that domestic violence policies were followed.

The Hearing Officer's conclusion that the appellant neglected his supervisory duties was supported by the evidence.

The appellant police officer appealed a disciplinary conviction for unlawful or unnecessary exercise of authority.

The conviction arose from an incident where the appellant arrested a civilian for public intoxication under the Liquor Licence Act and used force during the arrest.

The Hearing Officer found the civilian and his companion credible and concluded the arrest was unlawful and the force unnecessary.

The Commission dismissed the appeal, finding that the Hearing Officer's conclusions on credibility and the evidence were not void of evidentiary foundation.