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 Ronald MacDonald, #501
Appellant
-and-
Metropolitan Toronto Police
Respondent
DECISION
Panel: John P. MacBeth, Esq., Q.C., Vice Chairman
David G. Stewart, Esq., Q.C., Member
F. Jennifer Lynch, Member
Hearing Date: Wednesday, November 20th, 1985
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
[1]. This is an appeal by Ronald MacDonaid from his conviction and the penalty imposed on a major charge of Discreditable Conduct as defined in Section l(a)(i) of the Schedule Code of Offences, contained in Regulation 791, R.R.O. 1980.
[2]. The Statement of Particulars following the charge against Constable MacDonald reads as follows:-
"Being a member of the Metropolitan Toronto
Police Force attached to number 51 Division,
you, on Friday, March 18th, 1983, were off
duty. At about 2:30 p.m. you entered the Bank
of Nova Scotia, 655 Dixon Road, identified
yourself as a Police Officer by showing your
Police Badge, number 501, and photograph to
Marg Llewellyn, operations officer of the said
bank. You then stated that you wanted to cash
a cheque, and gave Marg Llewellyn a
Metropolitan Toronto Police cheque with the
name MacDonald thereon. Marg Llewellyn
refused to cash your cheque as it was post
dated for Tuesday, March 22nd, 1983, and that
she did not believe that you were the police
officer identified by the picture and badge,
in the fact that, in her opinion, you were
drunk, you had a black eye and a large white
bandage over this eye. When Marg Llwellyn
stated, "I'm sorry, I cannot cash this because
it is post dated.", you replied, "So it's just
fucking garbage" and attempted to rip up the
cheque."
[3]. The charge was heard by Superintendent Walter M. Tyrrell on the 6th and 7th December, 1984. He found Constable MacDonald guilty and on the 7th December, 1984 imposed the Penalty of dismissal from the Force
[4]. The conviction and penalty were confirmed by the Chief of Police.
[5]. The matter was subsequently appealed to the Metropolitan Board of Commissioners of Police. The Board heard the appeal and confirmed the conviction and penalty. Written reasons were given with the decision of thE Board.
[6]. Constable MacDonald was represented at the original hearing and at the appeal before the Board by Daniel Harris.
[7]. At the commencement of this hearing Ronald MacDonald was called upon to present reasons why the appeal should be granted. He replied that he did not feel qualified to make any arguments. On being questioned by the members of the tribunal his response was that he was relying upon the notice of appeal as filed and upon the reasons and argument made by Mr. Harris on his behalf at the original hearing. He stated he relied on Mr. Harris1 presentation both as to conviction and penalty. It was not his intention to be herewith represented at the appeal to this Commission.
[8]. Mr. Parker made no response other than to rely on the original hearing, and on the decision of that hearing and the appeal decision of the Board of Commissioners of Police of Metropolitan Toronto.
[9]. We have examined the transcript of the original hearing which included both the evidence and arguments of counsel. We have read the decision of the Board of Commissioners of Police of Metropolitan Toronto. We have read the notice and grounds of appeal to this Commission.
[10]. We have also noted previous convictions under the Code of Offences and the penalties imposed.
[11]. We find no error by the Presiding Officer at the original hearing or by the Board of Commissioners of Police of Metropolitan Toronto. We also find that the conduct of this officer as exhibited in this particular incident and by his long list of previous offences and convictions is such as to make him unsuitable as a police officer. We find the punishment therefore is not unreasonable.
[12]. We therefore dismiss the appeal and affirm the punishment imposed.
DATED at the City of Toronto in the Municipality of Metropolitan Toronto, this 17th day of December A.D. 1985.
John P. MacBeth, Q.C.
Vice Chairman
David G.I. Stewart, Q.C.
Member
F. Jennifer Lynch
Member