ONTARIO CIVILIAN POLICE COMMISSION
FILE: 2016 ONCPC-01
CASE NAME: Ardiles and Toronto Police Service
IN THE MATTER OF THE POLICE SERVICES ACT, R.S.O. 1990, C.P.15, as amended
BETWEEN:
CONSTABLE BENJAMIN ARDILES APPELLANT
-and-
TORONTO POLICE SERVICE RESPONDENT
-and-
MICHAEL WILLIAMS COMPLAINANT
-and-
OFFICE OF THE INDEPENDENT POLICE REVIEW DIRECTOR INTERVENER
DECISION
Panel: Roy B. Conacher, Q.C., Vice Chair Marie Fortier, Member
Hearing Date: June 15, 2015
Hearing Location: Ontario Civilian Police Commission 250 Dundas Street West, Suite 605 Toronto, ON M7A 2T3
Appearances: Harry G. Black, Q.C., for the Appellant, Const. Benjamin Ardiles Sharon Wilmot, Counsel for the Respondent, Toronto Police Service Kathleen Burke and Rebecca Studin for the Complainant, Michael Williams Miriam Saksznajder for the Office of the Independent Police Review Director, Statutory Intervener
Introduction
1Constable Benjamin Ardiles (“Const. Ardiles” or the “Appellant”), a police officer employed by the Toronto Police Service (the “Service” or “Respondent”) appeals to the Commission from a disciplinary decision made by Justice Walter S. Gonet, (Ret.), (the “Hearing Officer”) dated May 15, 2014, finding the Appellant guilty of misconduct, namely, “without good and sufficient cause makes an unlawful or unnecessary arrest”, contrary to section 2 (1)(g)(i) of the Code of Conduct, Ontario Regulation 268/10 (the “Code”) and therefore contrary to section 80 (1)(a) of the Police Services Act (the “Act”).
2The penalty issued by the Hearing Officer on July 31, 2014, accepting a joint submission, was a reprimand which was imposed at that time. No appeal was filed against the penalty.
Decision
3Pursuant to Section 87 (8)(a) of the Act, the Commission revokes the decision of the Hearing Officer finding the Appellant guilty of misconduct.
Background
4Const. Ardiles has been a police officer