Constable H. Scott Butler v. Kingston Police Force, 1982 CanLII 3355

IN THE MATTER OF the Police Act, R.S.O., 1980, c. 381, and

Amendments thereto and Regulations thereunder; and

IN THE MATTER OF an Appeal to the Ontario Police Commission

by:

DECISION

Panel: W. T. McGrenere, Esq., Q.C.

John P. MacBeth, Esq., Q.C.

Hearing Date: Thursday, August 26th, 1982.

Hearing Location: Toronto, Ontario

Ontario Civilian Police Commission

250 Dundas Street West, Suite 605

Toronto, Ontario M7A 2T3

Tel: 416-314-3004

Fax: 416-314-0198

Website: www.ocpc.ca

Before: W. T. McGrenere, Esq., Q.C.

John P. MacBeth, Esq., Q.C.

Appearances:

Douglas Cunningham, Esq., Q.C., Counsel

for the Appellant.

Norman Jackson, Esq., Counsel for the

Respondent and

Chief Gerald Rice.

Held: Thursday, August 26th, 1982

This is an appeal by Constable H. Scott Butler from the punishment administered by Chief Rice wherein he required the appellant to resign within seven days and in default of resigning within seven days to be summarily dismissed from the force. The punishment followed convictions on three major offences, particulars of which are as follows:-
On March 13th, 1982 at approximately 0659 hours,

while engaged in a conversation with Sergeant

Gary Weir with respect to his assigned duties,

he said to Weir, "and you running around hiding

like a fucking worm". He then said, "I am the

best copper you got. Check my stats and you hide

like a fucking worm. You are a liar. I told Fowler

you were a liar too. Someday you will get yours".

And as he left the room he said, "you will get yours1

On April 3rd, 1982 he was assigned to foot-patrol

duty, from 0800 hours to 1600 hours, on police beat

#8, an area which covers both sides of Princess

Street from the Holiday Inn area, west to Division

Street. At approximately 0805 hours, he left his

assigned area and did not return until approximately

0913 hours. He was not dispatched from his assigned

area nor was he given permission to leave by a

superior officer.

On April 6th, 1982 he reported for duty and was

assigned to foot-patrol duty from 2345 hours to

0745 hours, Wednesday, April 7th, 1982, on

police beat #8, an area which covers both sides

of Princess Street from the Holiday Inn area,

west to Division Street. At approximately 0413

hours, April 7th, 1982 he left his detailed place

of duty and remained away from his detailed place

of duty until he was interviewed by Sergeant

Gary Weir in front of 349 King Street East at

approximately 0530 hours. He was not dispatched

from his detailed place of duty nor was he given

permission to leave by a superior officer.

The convictions registered by Chief Rice and the punishment administered by him were upheld by the Board of Police Commissioners on June 28th, 1982.
The appellant' s background and positive personal features were reviewed extensively by his counsel. Despite the able and forceful presentation of counsel for the appellant we are not satisfied that Chief Rice erred in his administration of the penalty. The appeal is therefore dismissed.

DATED at the City of Toronto in the Municipality of Metropolitan Toronto, this 17th day of September A.D. 1982.

W. T. McGrenere, Q.C.,

Member

John P. MacBeth, Q.C.,

Vice Chairman