OCPC #12-18
ONTARIO CIVILIAN POLICE COMMISSION
IN THE MATTER OF THE POLICE SERVICES ACT, R.S.O. 1990, C. P.15, AS AMENDED
Citation: Johnston v. Toronto Police Service, 2012 ONCPC 18
BETWEEN:
CONSTABLE HARRIET JOHNSTON
APPELLANT
-and-
TORONTO POLICE SERVICE
RESPONDENT
DECISION
Panel: David C. Gavsie, Chair Hyacinthe Miller, Member John Rodriquez, Member
Hearing Date: October 10, 2012
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:
David Butt, Counsel for the Appellant
Zoya Trofimenko, Counsel for the Respondent
Introduction
1. Constable Harriet Johnston (the "Appellant" or “Const. Johnston”) of the Toronto Police Service (the “TPS” or the “Service”) is appealing the penalty of dismissal or resignation within seven days, imposed by Supt. Robin Breen (the “Hearing Officer”) on March 27, 2012.
2. The Notice of Hearing, which included two charges, was served on the Appellant on August 18, 2010. The appellant was advised that a penalty of dismissal or demotion may be imposed.
3. The charges were as follows: Charge No. One (1)
You are alleged to have committed misconduct in that you are guilty of an indictable criminal offence or a criminal offence punishable upon summary conviction, contrary to section 2(1)(a)(ix) of the Schedule Code Of Conduct of Ontario Regulation 123/98, and therefore, contrary to Section 80(1)(a) of the Police Services Act, R.S.O. 1990,