The applicant, a police officer, sought judicial review of a decision by the Ontario Civilian Police Commission confirming his conviction for discreditable conduct and a nine-month demotion.
The applicant argued his guilty plea was invalid due to a panic attack and that his hearing counsel provided ineffective assistance by failing to file medical evidence at the penalty hearing.
The Divisional Court dismissed the application, finding the Commission reasonably concluded the guilty plea was voluntary and that counsel's tactical decision not to file the medical report in light of a joint submission on penalty did not constitute ineffective assistance.
The court also refused to admit supplemental affidavit evidence on judicial review.
