OCPC #11-13
ONTARIO CIVILIAN POLICE COMMISSION
IN THE MATTER OF THE: POLICE SERVICES ACT, R.S.O. 1990, C.P.15, AS AMENDED
Citation: Jackson v. York Regional Police Service, 2011 ONCPC 12
B E T W E E N:
Constable Sean Jackson
Appellant
-and-
York Regional Police Service
Respondent
DECISION
Panel: David C. Gavsie, Chair
Roy B. Conacher, Q.C., Member
Hearing Date: August 4, 2011
Hearing Location: Toronto, Ontario
Ontario Civilian Police Commission
250 Dundas Street West, Suite 605
Toronto, ON M7A 2T3
Tel: 416-314-3004
Fax: 416-314-0198
Website: www.ocpc.ca
Appearances:
Andrew P. McKay, for the Appellant
Jennifer Gunning, for the Respondent Service
Introduction
A hearing was held before the Ontario Civilian Police Commission (the “Commission”) to consider an appeal by Constable Sean Jackson (the “Appellant”) from the penalty imposed by Superintendent Paul Pedersen (the “Hearing Officer”) on January 12, 2011.
The penalty resulted from a finding of guilty on one count of misconduct under section 2(1)(a) (xi) of the Code of Conduct , being a Schedule to Ontario Regulation 123/98, (the “Code”) and therefore contrary to section 74 (1)(a) of the Police Services Act R.S.O. 1990, c. P.15, as amended (the “Act”). The events giving rise to this appeal occurred prior to the implementation of the amendments to the Act on October 19, 2009 and accordingly, all references to the statutory provisions, including regulations, are to those provisions in effect at the date of the occurrence, namely September 5, 2009.
The penalty imposed consisted of (a) the forfeiture of 160 hours, and (b) an order that Constable Jackson continue or enter any course of alcohol treatment that is approved by York Regional Police Human Resources and provide records of such treatment that are deemed suitable and appropriate by York Regional Police Human Resources.