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.
