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REGULATED OCCUPATIONS - Administration - Appeals - Occupations - Police officers

Tuesday, February 07, 2017 @ 10:36 AM  

Application by Police Constable Toy for permission to appeal a decision by the Alberta Law Enforcement Review Board. The applicant was convicted of discreditable conduct for looking at counsel's materials during a Board hearing. He was subsequently convicted of deceit based on his compelled statement and oral evidence denying he had looked at the materials. The Presiding Officer found no basis for exclusion of the applicant's statements from the disciplinary phase of the proceeding. In the penalty phase, the Presiding Officer concluded that the appropriate sanction was dismissal from the force. The applicant appealed the conviction and sanction decisions to the Board. The Board dismissed the appeals, finding that the Presiding Officer's decisions were reasonable. The applicant sought permission to appeal to the Court of Appeal on the basis the Board erred in law in its articulation, selection and application of the standard of review.

HELD: Application allowed. The proposed appeal raised significant and arguable questions of law related to the Board’s articulation, selection and application of the standard of review to both the conviction decision and the sanction decision. Permission to appeal was granted on the questions of the selection and application of the standard of review to the admission of the applicant's statements, the merits of the disciplinary finding, and the sanction decision. In addition, permission to appeal was granted on the issue of whether the Board erred by endorsing creation of a new category of disciplinary offence mandating dismissal.

Toy v. Edmonton (City) Police Service, [2017] A.J. No. 43, Alberta Court of Appeal, P.T. Costigan J.A., January 23, 2017. Digest No. 3637-012