OCPC 2020

The appellant police officer appealed a finding of Discreditable Conduct under the Police Services Act Code of Conduct for using profanity towards a member of the public during a tense investigation.

The Ontario Civilian Police Commission found that the Hearing Officer erred by equating the use of profanity with Discreditable Conduct absolutely, without applying the required objective test.

The Commission held that an objective test, viewed from the perspective of a reasonable person in the community and considering the context of the situation, must be applied.

Given the tense and potentially dangerous circumstances of the call, the Commission concluded the single use of an expletive did not meet the objective test for Discreditable Conduct and revoked the finding.

The appellant appealed a Hearing Officer's decision finding the respondent police officer not guilty of neglect of duty and deceit under the Police Services Act.

The appellant argued the hearing was procedurally unfair regarding new evidence (scratch notes) and the refusal to allow a witness to testify about GPS data.

The Commission found no procedural unfairness, noting the appellant was provided the new evidence and the Hearing Officer properly exercised her gatekeeper function to exclude irrelevant testimony after the respondent admitted his error.

The Commission declined to re-examine the evidence, deferring to the Hearing Officer's factual findings, and dismissed the appeal.

The appellant police officer appealed a penalty of dismissal imposed after she pled guilty to insubordination and discreditable conduct under the Police Services Act.

The charges arose from unauthorized CPIC searches and the disclosure of confidential police information to a known drug dealer.

The appellant argued the Hearing Officer erred by dismissing motions for abuse of process, a fact finder, and an adjournment, and by failing to give sufficient weight to expert evidence regarding her alcoholism.

The Ontario Civilian Police Commission applied a reasonableness standard of review and found no errors in the Hearing Officer's procedural rulings or his weighing of the expert evidence.

The Commission concluded that the penalty of dismissal was reasonable given the seriousness of the misconduct and dismissed the appeal.

The appellant appealed a Hearing Officer's decision dismissing charges of Discreditable Conduct against two police officers.

The charges arose from the officers' failure to administer a breath test to a driver involved in a fatal motor vehicle accident, despite the driver admitting to consuming one beer five hours earlier.

The Commission found that the Hearing Officer reasonably assessed the officers' credibility and correctly applied the objective test for Discreditable Conduct.

The Commission confirmed the Hearing Officer's conclusion that the officers' actions, while based on an incorrect understanding of their authority, were not likely to bring discredit upon the reputation of the police service.

The appellant appealed a Hearing Officer's decision finding the respondent police officer not guilty of discreditable conduct.

The appellant argued that the Notice of Hearing was inaccurate and that her hearing impairment prevented her from fully participating in the hearing.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Notice of Hearing provided reasonable notice and that the Hearing Officer took sufficient steps to accommodate the appellant's hearing impairment, ensuring procedural fairness.

The appellant police officer appealed a Hearing Officer's decision finding him guilty of four counts of misconduct (discreditable conduct, insubordination, and breach of confidence) and ordering his dismissal.

The misconduct related to his failure to report two separate kidnappings, conducting unauthorized CPIC queries, and disclosing confidential information.

The Ontario Civilian Police Commission dismissed the appeal, finding no errors in the Hearing Officer's decisions regarding delay, admission of video link and transcript evidence, credibility assessments, or the finding that his actions constituted discreditable conduct.

The penalty of dismissal was upheld.

The appellant police officer appealed a 12-month demotion imposed after being found guilty of discreditable conduct for giving inconsistent and contradictory evidence in a criminal trial.

The appellant argued the Hearing Officer erred by treating his refusal to accept responsibility as an aggravating factor and by failing to apply principles of progressive discipline and consistency of penalty.

The Ontario Civilian Police Commission dismissed the appeal, finding that even if the Hearing Officer erred in characterizing the lack of remorse as an aggravating factor rather than the absence of a mitigating factor, it did not render the penalty unreasonable.

The Commission also held that the demotion was within the range of reasonable penalties and that progressive discipline is not required in every case.

The Ontario Civilian Police Commission reviewed the status of its interim order appointing an Administrator to oversee the Durham Regional Police Service and the Durham Regional Police Services Board.

Finding that a crisis of confidence and fear of reprisal continued to constitute an emergency within the Service, the Commission extended the Administrator's appointment until December 31, 2020, to ensure the ongoing investigation could be completed without interference.

The Corporation of the Town of Orangeville applied to the Ontario Civilian Police Commission for consent to abolish the Orangeville Police Service and transition to the Ontario Provincial Police.

The Commission granted consent, finding that adequate and effective police services would be maintained and that all members had contractual severance agreements, with any future disputes to be referred to arbitration.

The appellant, a police officer, brought an appeal under section 87(1) of the Police Services Act.

Before the Commission rendered its decision, the parties advised that the appellant had retired from the respondent police service.

Consequently, the Commission determined it no longer had jurisdiction over the matter and quashed the appeal.