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REGULATED OCCUPATIONS - Judicial review - Police officers - Offences - Furnishing false information

Tuesday, November 24, 2020 @ 6:05 AM  

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Appeal by Heffernan from the dismissal of his application for judicial review of a decision of the Saskatchewan Police Commission. The appellant was employed as a special constable with the Prince Alberta Police Service. A hearing officer found the appellant was guilty of making a false, misleading or inaccurate written entry into an official document. The appellant was given a reprimand. The appellant was subsequently dismissed for unrelated operational reasons. The commission dismissed the appellant’s appeal of his conviction for the disciplinary infraction. It found it lacked jurisdiction and the issue was moot as the appellant was no longer an employee. The chambers judge found the commission’s decision was reasonable. The appellant sought to introduce fresh evidence that he submitted exonerated him of the disciplinary conviction.

HELD: Appeal dismissed. The proposed fresh evidence could have been discovered by the exercise of due diligence. It was irrelevant to the issue of whether the commission’s decision was reasonable and could not have been reasonably expected to have affected the result. The fresh evidence was not admitted. Although the commission did not resolve the inconsistency between sections 59(3) and 69 of the Police Act by articulating an interpretation of the definition of “member” as including someone who was dismissed as a result of a disciplinary hearing but not someone who was dismissed for other reasons, the decision of the commission was reasonable.

Heffernan v. Saskatchewan (Police Commission), [2020] S.J. No. 395, Saskatchewan Court of Appeal, P.A. Whitmore, J.A. Tholl and J.D. Kalmakoff JJ.A., October 23, 2020. Digest No. TLD-November232020003