The appellant, a staff sergeant, appealed a decision of the Ontario Civilian Commission on Police Services upholding his conviction for discreditable conduct.
The charge arose from a meeting with a constable who had previously filed a racial harassment complaint against him.
The hearing officer found the appellant's conduct constituted a reprisal based on the constable's subjective perception, despite accepting the appellant's evidence denying any reprisal intent.
The Divisional Court allowed the appeal, finding the hearing officer and Commission erred by focusing on the constable's subjective perception rather than the appellant's intent, and by failing to consider whether the conduct was likely to bring discredit upon the police force.
The conviction was set aside.
