OCPC 2019

The Solicitor General requested the Ontario Civilian Police Commission to investigate allegations of misconduct by senior members of the Durham Regional Police Service and the Board's oversight capacity.

Following a preliminary review, the Commission found a profound crisis of confidence, widespread fear of retaliatory discipline, and a poisoned work environment.

Determining that this crisis constituted an emergency that could hamper the investigation and negatively affect policing, the Executive Chair ordered the appointment of an Administrator under sections 23(1) and 24(1) of the Police Services Act to oversee promotions, hiring, and internal disciplinary processes.

The appellant appealed a Hearing Officer's decision to stay Police Services Act misconduct proceedings against two police officers for abuse of process due to delay.

The proceedings arose from an incident over eight years prior, and the Hearing Officer found the delay, largely attributable to the prosecution, was inexcusable and caused significant prejudice to the officers.

The Ontario Civilian Police Commission applied the reasonableness standard of review and found that the Hearing Officer properly applied the Blencoe test for abuse of process.

The Commission concluded the Hearing Officer's decision was reasonable and dismissed the appeal.

The respondent police service brought an unopposed motion for a sealing order regarding certain exhibits, transcripts, and factum references from a police disciplinary hearing.

The materials contained highly sensitive intelligence information obtained from a confidential informant, as well as personal and criminal histories of non-parties.

Applying both the common law test from Donovan v. Sherman Estate and section 2(2) of the Tribunal Adjudicative Records Act, 2019, the Commission found that the privacy interests of the non-parties and the need to protect confidential informants outweighed the open court principle.

The motion for a sealing order was granted.

The Solicitor General requested the Ontario Civilian Police Commission to investigate allegations of misconduct by senior members of the Durham Regional Police Service and the oversight provided by the Durham Regional Police Services Board.

Following a preliminary review, the Commission found a crisis of confidence within the Service, characterized by allegations of cronyism, workplace harassment, and retaliatory discipline.

Concluding that this crisis constituted an emergency that could negatively affect policing and hamper the investigation, the Executive Chair ordered a formal investigation and appointed an Administrator to oversee promotions, internal disciplinary processes, and secondary activity applications.

The appellant police officer was found guilty of disciplinary offences and ordered dismissed.

He appealed to the Commission.

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

The Commission held that pursuant to section 90(1) of the Police Services Act, it lacks jurisdiction to continue with an appeal or render a decision once an appellant is no longer a police officer.

The appeal was therefore dismissed for lack of jurisdiction.

The proposed appellant sought leave to appeal a Hearing Officer's decision staying Police Services Act misconduct charges against two officers due to delay.

The Hearing Officer had found the delay amounted to an abuse of process under the Blencoe framework.

The Commission granted leave to appeal, finding that the matter raised issues of significant importance to the policing profession and the community, particularly regarding the role of a public complainant's interests in a Blencoe analysis and the impact of parallel criminal proceedings on administrative delay.