Constable B.T.E. Binkley v. Ontario Provincial Police Force, 1984 CanLII 3109

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 B.T.E. Binkley Ontario Provincial Police

DECISION

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

Hearing Date: Tuesday, December 18th, 1984

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

Appearances:

W. Michael Temple, Esq., Q.C., Counsel for the Appellant

The Appellant

R. R. Hunter, Executive Director Ontario Provincial Police Association

Michael W. Bader, Esq., Counsel for the Respondent, Ontario Provincial Police Force.

Inspector A. M. Wilkinson, Ontario Provincial Police

Held: Tuesday, December 18th, 1984

1This is an appeal by Provinical Police Constable B.T.E. Binkley from the penalty imposed upon his plea of guilty to a charge of discreditable conduct under Section 1 (a)(i) of the Code of Offences contained in Regulation 791 made under the Police Act.

2The hearing was held at North Bay on the 9th May, 1984 when the Presiding Officer, Staff Superintendent H.T. Carry, imposed a penalty of forfeiture of five (5) days' pay.

3It was agreed by both Counsel that there were mistakes in the transcript of evidence. They were, however, unable to agree as to the particulars of the errors.

4Rather than attempting to introduce evidence before this tribunal and rather than sending the matter back for a rehearing, counsel reached agreement that the penalty should be varied from five days' loss of pay to two and one-half days' loss of pay.

5This decision is therefore by consent and is to theeffect that the appeal is allowed and the penalty varied to two and one half days' loss of pay.