OCPC 2016

The Solicitor General requested the Ontario Civilian Police Commission to investigate the Peterborough Police Services Board due to ongoing dysfunction.

The Commission found that the Board's inability to discharge its statutory responsibilities, including failing to prepare a business plan and manage routine business, constituted an emergency.

Pursuant to section 24(1) of the Police Services Act, the Commission issued an interim order appointing an administrator to oversee the Board's functions and ensure compliance with statutory obligations.

Two police officers appealed findings of misconduct and penalties arising from the unlawful arrest of a civilian during the G20 Summit.

The Ontario Civilian Police Commission upheld the misconduct findings, concluding the Hearing Officer reasonably assessed credibility and correctly found the officers lacked reasonable grounds for the arrest and used excessive force.

However, the Commission found the Hearing Officer erred in principle by treating one officer's untruthful testimony as an aggravating factor for penalty.

The penalty for the arresting officer was reduced from a two-month to a one-month demotion.

The complainants sought leave to appeal the penalty decision of a Hearing Officer regarding a police superintendent's misconduct during the 2010 G20 Summit.

The Hearing Officer had imposed a reprimand for the superintendent's role in ordering the unlawful arrest and detention of the complainants.

The Ontario Civilian Police Commission granted leave to appeal, finding that the appropriateness of the penalty for such unprecedented and highly scrutinized Charter breaches was of significant importance to the policing profession and the community at large.

The complainants sought leave to appeal the penalty decision of a Hearing Officer regarding a police superintendent's misconduct during the 2010 G20 Summit.

The superintendent had been found guilty of unlawful or unnecessary exercise of authority and discreditable conduct for ordering the 'kettling' and unlawful arrest of protestors, and was penalized with a forfeiture of 30 days off.

The Commission granted leave to appeal, finding that the appropriateness of the penalty for a senior commander in these unprecedented circumstances is of significant importance to the policing profession and the public.

The appellant appealed a Hearing Officer's decision to stay disciplinary proceedings against a police officer for allegedly using unnecessary force during the G20 summit.

The Hearing Officer had stayed the proceedings on the basis that the Notice of Hearing served on the officer differed from the draft notice approved by the Police Services Board in a delay application under section 83(17) of the Police Services Act.

The Ontario Civilian Police Commission allowed the appeal, finding that the Board's role under section 83(17) is limited to determining whether the delay in serving the notice was reasonable, not approving the specific wording of the charge.

The Commission revoked the stay and remitted the matter for a re-hearing.

The appellant police officer appealed a Hearing Officer's decision imposing the penalty of immediate dismissal following his guilty plea to a charge of use of unnecessary force.

The officer had assaulted a handcuffed, intoxicated prisoner in the back of a scout car after daring the prisoner to spit in his face.

The Ontario Civilian Police Commission reviewed the Hearing Officer's assessment of mitigating and aggravating factors, including the officer's prior disciplinary record and the egregious nature of the assault.

The Commission found the Hearing Officer's decision to be reasonable and confirmed the penalty of immediate dismissal.

The appellant police officer appealed his conviction for insubordination after discharging his firearm at a fleeing vehicle, contrary to a Toronto Police Service procedure.

The appellant argued he had a lawful excuse due to an honest, subjective belief that his life was in imminent danger.

The Ontario Civilian Police Commission dismissed the appeal, holding that the standard of review was reasonableness and that a lawful excuse requires both a subjective belief and objectively reasonable actions.

The Commission upheld the Hearing Officer's finding that the appellant's actions were not objectively reasonable, as he had removed himself from the imminent threat before firing.

The appellant police officer appealed a Hearing Officer's decision convicting her of misconduct for allegedly using unnecessary force by kicking a handcuffed suspect.

The Ontario Civilian Police Commission reviewed the evidence and found that the Hearing Officer failed to make a definitive finding on whether the appellant actually kicked the suspect as alleged in the Statement of Particulars.

Concluding that the evidence did not meet the required standard of clear and convincing proof, the Commission revoked the Hearing Officer's decision and dismissed the charge.

The Appellant brought a motion for an extension of time to deliver a Notice of Appeal regarding a police discipline matter.

The Respondent officer argued the appeal was out of time under the Commission's Rules.

The Commission found that the Appellant had formed an intention to appeal within the relevant time period and that the justice of the case required an extension.

The motion was granted, allowing the Notice of Appeal to be filed nunc pro tunc.

The appellant police officer appealed the penalty of a 20-month demotion from Sergeant to First Class Constable imposed following his guilty plea to discreditable conduct.

The misconduct involved off-duty impaired driving and an altercation with a witness.

The appellant argued the Hearing Officer erred by considering facts not in evidence, giving insufficient weight to mitigating factors, misdirecting himself on internal policies, and improperly differentiating joint submission cases.

The Ontario Civilian Police Commission found no clear error in principle and confirmed the penalty, emphasizing the seriousness of drinking and driving by police officers.

The appellant police officer appealed a Hearing Officer's finding of discreditable conduct and the resulting penalty of forfeiture of eight days' pay.

The misconduct involved the officer repeatedly accepting free meals from a restaurant while in uniform.

The Commission applied a reasonableness standard of review to the finding of misconduct and the penalty.

The Commission found that the Hearing Officer's decision was justified, transparent, and intelligible, and that the penalty was within the appropriate range given the officer's conduct and disciplinary history.

The appeal was dismissed and the decision confirmed.

The appellant sought leave to appeal the penalty decision of a Hearing Officer, which imposed a forfeiture of five days' pay on the respondent officer for discreditable conduct related to an assault during the G20 Summit.

The Commission granted leave to appeal, finding that the matters raised were of significant importance to the policing profession and the community at large, satisfying the third branch of the test for leave to appeal.

The appellant police officer appealed his conviction for Discreditable Conduct and the resulting penalty of dismissal from the police service.

The officer had previously pleaded guilty to the disciplinary charge, which was based on a criminal conviction that was later overturned on appeal.

The Commission held that the subsequent overturning of the criminal conviction did not render the original, informed guilty plea a nullity.

The Commission further found that the penalty of dismissal was reasonable given the officer's disciplinary history and the serious nature of the misconduct, which involved violence and threats against members of the public.

The appeal was dismissed.

The moving parties brought a motion to dismiss the complainant's appeal for failure to serve a Notice of Appeal within the thirty-day statutory period under the Police Services Act.

The complainant faxed the Notice of Appeal on the thirtieth day, but under section 96(2) of the Act, faxed documents are deemed received on the following day.

The Commission held that the appeal was served on the thirty-first day and that it lacked jurisdiction to extend the statutory time limit.

The appeal was dismissed as untimely.

The appellant police officer appealed a disciplinary decision finding him guilty of misconduct for making an unlawful or unnecessary arrest during the G20 Summit.

The Ontario Civilian Police Commission found that the Hearing Officer made a manifest error by appearing to reverse the burden of proof, requiring the officer to prove he had reasonable and probable grounds.

Furthermore, the Hearing Officer failed to adequately analyze the officer's subjective belief and whether there was good and sufficient cause for the arrest.

Given the excessive delay of over five years, the Commission revoked the finding of misconduct rather than remitting the matter for a new hearing.

The appellant appealed a Hearing Officer's decision dismissing misconduct charges against two police officers for allegedly making an unlawful arrest during the G20 Summit.

The appellant had been arrested for wearing a disguise with intent to commit an indictable offence after officers observed him wearing an orange bandana over his face.

The Hearing Officer dismissed the charges based entirely on finding the appellant not credible, without analyzing the legal elements of a lawful arrest under the Criminal Code.

The Ontario Civilian Police Commission found the Hearing Officer's reasons inadequate, as they failed to address whether the officers had subjective and objective reasonable grounds for the arrest.

The Commission allowed the appeal and ordered a new hearing before a different Hearing Officer.