The appellant police officer appealed convictions for two counts of neglect of duty (sleeping on duty and failing to respond to a break-in) and one count of deceit, as well as the penalties imposed.
The Ontario Civilian Police Commission found that while the Hearing Officer's reasons were inadequate, the evidence on record met the clear and convincing standard to support the convictions.
The Commission upheld the convictions but varied the penalties, reducing the indefinite demotion to a fixed six-month period and reducing the forfeiture of pay for deceit from 40 hours to 16 hours.