Paul G. M. Hermiston

The appellant, a police sergeant, appealed his conviction and penalty of reduction in rank to Police Constable, First Class for discreditable conduct.

The charge arose after the appellant took up residence with the mother of a victim in an incest case he was investigating, prior to the disposal of the criminal charges against the victim's father.

The appellant withdrew the appeal against conviction but argued the penalty was harsh because his relationship did not prejudice the criminal case or cause adverse public reaction.

The Ontario Civilian Police Commission dismissed the appeal, holding that the likelihood of discredit must be viewed in advance by a reasonable person, and the penalty was commensurate with the likely discredit.

The appellant police officer appealed his conviction and penalty for discreditable conduct related to engaging in an outside occupation without the Chief of Police's consent.

The Ontario Civilian Police Commission allowed the appeal and quashed the conviction, finding that the Hearing Officer erred by refusing to allow defense counsel to cross-examine witnesses about other officers engaging in outside employment.

The Commission held that such evidence was relevant to potential defenses of implied consent, discriminatory treatment, or unfair procedure.