A municipal police officer was dismissed after pleading guilty to several criminal offences, including assault and firearms offences.
The union grieved the dismissal.
The arbitrator reinstated the officer, finding that the specific circumstances exception in the Police Act applied and that the automatic disqualification in the Cities and Towns Act was inapplicable.
The Supreme Court of Canada held that the Police Act provision prevails over the Cities and Towns Act in case of conflict.
However, the Court found the arbitrator's decision to reinstate the officer was unreasonable given the gravity of the offences and their impact on public confidence.
The appeal was allowed and the dismissal restored.
