OCPC 2018

The appellant, an Ontario Provincial Police officer, appealed a penalty decision ordering his resignation or dismissal after he pleaded guilty to discreditable conduct for recording and sharing a sex video of his former girlfriend without her consent.

The appellant argued the Hearing Officer erred in assessing the seriousness of the misconduct, the role of his PTSD diagnosis, and the consistency of the penalty.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's decision was reasonable, supported by the record, and contained no errors in principle.

The penalty of dismissal was confirmed.

The appellant appealed the penalty of forfeiture of five days' pay imposed on the respondent police officer for discreditable conduct.

The respondent had previously been convicted of assault with a weapon for his actions during the appellant's arrest at the G20 Summit.

The appellant argued the Hearing Officer erred in assessing aggravating and mitigating factors, and the intervener argued the Hearing Officer improperly allowed a collateral attack on the criminal conviction.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's penalty decision was reasonable and did not constitute an impermissible collateral attack.

The appellant, a police sergeant and helicopter pilot, appealed his convictions for breach of confidence and discreditable conduct, as well as his penalty of a one-year demotion.

The charges arose after he published a letter in a local newspaper criticizing the OPP's decision to relocate a helicopter unit, arguing it jeopardized public safety.

On appeal, he argued the Hearing Officer erred in denying disclosure, refusing to recuse herself for bias, and rejecting his whistleblower defence.

The Commission dismissed the appeal, finding no reasonable apprehension of bias and agreeing that the whistleblower defence failed because the appellant did not attempt to raise his concerns internally before going to the media.

The convictions and penalty were confirmed.

The appellant police officer appealed his convictions for insubordination and neglect of duty under the Police Services Act.

After the appeal was heard but before a decision was rendered, the appellant retired from the police service.

The Commission held that pursuant to section 90(1) of the Police Services Act, it lost jurisdiction over the matter once the appellant ceased to be a police officer.

The appeal was dismissed for lack of jurisdiction.

Five police officers appealed their convictions for misconduct under the Police Services Act arising from the arrest of a public complainant during the 2010 G20 Summit.

The Ontario Civilian Police Commission reviewed the Hearing Officer's decision, which relied heavily on video evidence.

The Commission confirmed the conviction of one officer for unlawful arrest, finding no good and sufficient cause for the arrest.

However, the Commission revoked the remaining convictions for unlawful arrest, unnecessary force, and discreditable conduct, concluding that the Hearing Officer failed to provide sufficient reasons or analysis regarding the assisting officers' roles, the use of force, and the elements of discreditable conduct.

The appellant police officer appealed a Hearing Officer's decision finding him guilty of neglect of duty under the Police Services Act.

The charge arose from his failure to properly supervise a sudden death investigation, including failing to secure the scene, preserve evidence, and call specialized units after concluding prematurely that a motor vehicle was not involved.

The Ontario Civilian Police Commission applied a reasonableness standard of review to the Hearing Officer's factual findings and confirmed the conviction, finding clear and convincing evidence that the appellant's conduct crossed the line from a performance issue to misconduct.