ONTARIO CIVILIAN POLICE COMMISSION
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:
CONSTABLE DONALD BONE
YORK REGIONAL POLICE FORCE
DECISION
Panel: W. T. McGrenere, Esq., Q.C.
John P. MacBeth, Esq., Q.C.
Hearing Date: Thursday, September 2nd, 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:
Alfred J. Stong, Esq., Q.C., Counsel
for the Appellant.
Chief Bruce Crawford, Agent for
the Respondent.
Held: Thursday, September 2nd, 1982
This is an application on behalf of Constable Don Bone for an order of this Commission declaring that a letter from Fred L. Morson, Secretary of the York Regional Police Association dated January 28th, to Mr. Shaun MacGrath, Chairman of the Ontario Police Commission that constitutes a Notice of Appeal within the meaning of Regulation 791 under the Police Act. The following is a chronology of events leading to this application.
On November 6th, 1981 Constable Don Bone was
convicted of a major offence of "Deceit" for
which a penalty of dismissal was imposed.
- On January 20th, 1982 the Board of Commissioners
of Police upheld the conviction and sentence on
appeal.
- By letter dated January 28th, 1982 and received
at the Ontario Police Commission on February
1st, 1982, the Police Association request an
extension of time for filing a Notice of Appeal
against the sentence imposed.
- A letter dated February 2nd, 1982, the Ontario
Police Commission granted an extension for filing
a Notice of Appeal under Section 24, sub-section 3
of Regulation 791.
- On March 2nd, 1982 Mr. Donald Bone was psychologically
evaluated by Dr. R. A. Steffy.
- By letter dated April 6, 1982 counsel for Donald
Bone wrote to the Ontario Police Commission requesting
an extension of time for pursuing the appeal and
suggesting that the letter of January 28, 1982 in
fact constituted a Notice of Appeal. This letter
purports to set our further grounds of appeal as
well.
The letter of April 6th, also seeks leave to adduce
the evidence of Dr. R. A. Steffy in any further
appeal proceedings.
- To put the matter in clear perspective it would be helpful to set out the contents of the relevant letters.
January 28, 1982
Mr. Shawn McGrath
Chairman,
Ontario Police Commission,
25 Grosvenor Street,
Toronto, Ontario.
Dear Sir:
Re: Extention of time to file an
appeal on behalf of Constable
Don Bone, York Regional Police
Constable Don Bone, a member of the York
Regional Police Force, stands convicted of a major offence -
'Deceit' for which a penalty of dismissal was imposed on
the 6th day of November 1981 and on January 20, 1982 the
Board of Commissioners of Police upheld the conviction and
sentence on appeal
On behalf of Constable Bone the Association
is requesting an extention of time, pursuant to O.Reg.791,
in which to file an appeal against the sentence imposed
as a result of this charge.
Your consideration of this application would
be very much appreciated.
Yours Truly
c.c. Brian Ward
Secretary, Fred L. Morson
Board of Commissioners Secretary,
of Police. York Regional Police
Association.
February 2, 1982
Mr. Fred L. Morson,
Secretary,
York Regional Police Association,
Box 275,
Newmarket, Ontario
L3Y 4X1
Dear Mr. Morson:
RE: Extension of Time to file an Appeal
on behalf of Constable Don Bone
York Regional Police Force_____
We acknowledge receipt of your letter of January 28, 1982,
in connection with the above-captioned subject.
Under the provisions of Section 24 (3) of Regulation 791
of The Police Act, the Commission is pleased to grant your
request.
Yours very truly,
Shaun MacGrath,
Chairman
SMacG/gc
It was submitted by counsel for the applicant that the provisions of 24 (1) of Regulation 791 pertain only to appeals from a conviction and not to appeals from sentence. It was submitted that the Regulation is silent on requirements for the Notice of Appeal, pertaining to punishment only.
We do not accept that contention. It is our belief that Section 24 (1) applies to both appeals from conviction and from punishment and that when the full section, including the nine sub-sections are taken together, a conclusion to the contrary would lead to an absurdity.
It was further submitted that in any event the letter of January 28th to the Ontario Police Commission substantially conformed with Section 24 of Regulation 791 and it contained sufficient particulars to constitute a bona fide Notice of Appeal.
Apart from the obvious reading in the text of the letter of January 28th, there are two other features about the letter which support a contrary view. It is to be noted that the title to the letter is very specific i.e. "Re: Extention of time to file an Appeal on behalf of Constable Don Bone, York Regional Police". It is further to be noted that the extension of time is requested pursuant to Regulation 791. In this respect the Commission has the jurisdiction under Section 24 sub-section 3 of Regulation 791 to extend the time for service of Notice of Appeal which Section stipulates, "the Commission may, before or after expiration of the time for service of a Notice of Appeal, extend the time for service for a further period not exceeding thirty days within which services may be affected".
It is to be noted that the section is specifically quoted in the Commission's letter of February 2nd, 1982 to Mr. Morson, Secretary of York Regional Police Association.
It would be very difficult to conclude that the Association's representatives were mindful of the provisions of Regulation 791 only to the extent of requesting an extension for filing the Notice of Appeal without being equally as knowledgeable about the provisions under which the extension is granted, particularly when the section itself is specifically sited in the responding letter by the Commission.
We are of the opinion that the words and the text of the letter of January 28th would have to be severely tortured to conclude that the letter itself constituted a Notice of Appeal. This application is therefore dismissed.
DATED at the City of Toronto in the Municipality of Metropolitan
Toronto, this 1st day of September A.D. 1982.
W.T. Greenere, Q.C.
Member
John P. MacBeth, Q.C.
Vice Chairman