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Section 11 of the Charter does not apply to police disciplinary proceedings lacking penal consequences.
The appellants, two police constables, were charged with discreditable conduct under the Code of Offences.
They challenged the disciplinary proceedings, arguing that the police tribunal lacked independence and impartiality, thereby violating section 11(d) of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that section 11 of the Charter does not apply to police disciplinary proceedings because they are neither criminal in nature nor involve true penal consequences, such as imprisonment.
The appellant police officer was charged with major offences under the Code of Offences under the Police Act.
He objected that the presiding officer did not constitute an independent and impartial tribunal as required by section 11(d) of the Charter.
The Supreme Court of Canada dismissed the appeal, applying its concurrent decision in R. v. Wigglesworth to hold that section 11 of the Charter does not apply to police disciplinary proceedings because they are neither criminal in nature nor involve true penal consequences.
