Brad DeBungee and Jim Leonard v. Staff Sgt. Harrison and Thunder Bay Police Service, 2024 ONCPC 20

Introduction

1In a decision dated July 19, 2022, the Hearing Officer, Superintendent (Ret.) Greg Walton, found Officer Shawn Harrison (the Respondent Officer) guilty of neglect of duty and discreditable conduct contrary to s. 2(1)(c)(i) and s. 2(1)(a)(i) of the Code of Conduct under the Police Services Act, R.S.O. 1990, c. P.15 (the PSA). In his penalty disposition dated February 3, 2023, the Hearing Officer ordered that the Respondent Officer be demoted from Staff Sergeant to Sergeant for 18 months and attend Indigenous cultural competency training.

2The Respondent Officer appealed the findings of misconduct and the penalty. The Commission dismissed the officer’s appeals and confirmed the findings of misconduct and the penalty imposed (Harrison v Thunder Bay Police Service, 2024 ONCPC23 ADJ-002) (Harrison).

3The Public Complainants applied for and were granted leave to appeal penalty. They ask the Commission to substitute an order that the Respondent Officer be dismissed from the Thunder Bay Police Service (TBPS).

4The Respondent TBPS and the Intervener the Office of the Independent Police Review Director (OIPRD) took no position on the Public Complainants’ appeal from penalty.

5For the reasons that follow, the Public Complaints’ appeal from penalty is dismissed.

Background

6The facts and history of the proceedings are detailed in the Harrison appeal from misconduct decision.

7On October 19, 2015, Stacey DeBungee, an Indigenous man of the Rainy River First Nation, was found dead in Thunder Bay’s McIntyre River. The misconduct charges related to the Respondent Officer’s investigation into Mr. DeBungee’s death. The Respondent Officer was the lead TBPS investigator and supervising officer assigned to the sudden death investigation from the morning Mr. DeBungee was discovered on October 19, 2015. The