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Police officer's appeal of 80-hour forfeiture penalty for failing to maintain notebooks dismissed.
The appellant, a provincial constable, appealed a penalty of 80 hours forfeiture imposed after being found guilty of neglect of duty for failing to properly maintain his police notebooks over a 29-month period.
The appellant argued the hearing officer was biased, misconstrued facts, and imposed a harsh and excessive penalty.
The Ontario Civilian Police Commission dismissed the appeal, finding the hearing officer's decision was reasonable, supported by the evidence, and appropriately considered all relevant sentencing factors, including the seriousness of the misconduct and the public interest.
Police discipline appeal dismissed for lack of jurisdiction after the appellant officer retired.
The appellant police officer appealed a conviction for discreditable conduct and the resulting penalty.
After the appeal hearing but before the Commission rendered its decision, the appellant retired from the police service.
The Commission determined that under the Police Services Act, its jurisdiction over disciplinary matters ends once an individual ceases to be a police officer.
Consequently, the Commission found it lacked jurisdiction to continue the appeal and issue a decision on the merits.
Tribunal ruled prior and subsequent incidents relevant and directed applicant to clarify related legal proceedings.
The applicant filed a human rights application alleging discrimination by the respondent between 2007 and 2010.
During a case management conference, the Tribunal considered the relevance of prior incidents and a subsequent incident from May 2012.
The Tribunal found both the prior and subsequent incidents to be relevant to the application.
Noting that the applicant had retained counsel regarding the May 2012 incident, the Tribunal directed the applicant to clarify the status of any related legal proceedings and whether they intended to amend the application, which could lead to a deferral of the Tribunal proceedings.
