Ontario civil | Administrative Law
Prerogative remedies
Certiorari
Applicant had automatic right of appeal to provincial Civilian Police Commission
Applicant police officer was charged with discreditable conduct, unnecessary or unlawful exercise of authority and insubordination. Hearing officer found applicant guilt of some of charges and hearing date was set to determine appropriate penalty. Application’s motion requesting that hearing officer recuse himself for reasonable apprehension of bias was dismissed. Applicant applied for judicial review. Application dismissed. Application was premature as applicant had automatic right of appeal to provincial Civilian Police Commission from decision of hearing officer. Commission would have authority to consider bias argument on appeal. Exceptional circumstances were required to justify early intervention. Hearing had been held and determination made on merits. Only remaining step was penalty, with limited costs associated with completing hearing. It was appropriate to allow appeal process to play out.
Pereira v. Hamilton Police Service (2017), 2017 CarswellOnt 1443, 2017 ONSC 924, Morawetz R.S.J., Nordheimer J., and Mulligan J. (Ont. Div. Ct.).
Certiorari
Applicant had automatic right of appeal to provincial Civilian Police Commission
Applicant police officer was charged with discreditable conduct, unnecessary or unlawful exercise of authority and insubordination. Hearing officer found applicant guilt of some of charges and hearing date was set to determine appropriate penalty. Application’s motion requesting that hearing officer recuse himself for reasonable apprehension of bias was dismissed. Applicant applied for judicial review. Application dismissed. Application was premature as applicant had automatic right of appeal to provincial Civilian Police Commission from decision of hearing officer. Commission would have authority to consider bias argument on appeal. Exceptional circumstances were required to justify early intervention. Hearing had been held and determination made on merits. Only remaining step was penalty, with limited costs associated with completing hearing. It was appropriate to allow appeal process to play out.
Pereira v. Hamilton Police Service (2017), 2017 CarswellOnt 1443, 2017 ONSC 924, Morawetz R.S.J., Nordheimer J., and Mulligan J. (Ont. Div. Ct.).
