Police-Encounters-With-People-In-Crisis

Further, a hearing officer may impose any combination of these penalties. 45 The Board
has the same power of discipline with respect to findings of misconduct against a Chief
of Police or deputy chief. 46
55. Although a finding of misconduct may be entered on the member’s employment
record, no reference to the allegations or the hearing can be included. The record of
misconduct cannot be considered “for any purpose relating to his or her employment”
unless it was proved “on clear and convincing evidence” or the member resigned before
the matter was finally determined. 47
56. The Chief of Police may suspend, with pay, an officer suspected of or charged
with misconduct or a provincial or federal offence until the final disposition of the
matter. An officer may be suspended without pay if convicted of an offence and
sentenced to a term of imprisonment, even if the conviction or sentence is under
appeal. 48
2. Disciplinary Hearings Office
57. The Disciplinary Hearings Office has been delegated the Chief of Police’s
responsibilities to conduct disciplinary proceedings pursuant to Part V of the PSA. 49 The
tribunal adjudicates allegations of serious breaches of the PSA, including breaching the
Code of Conduct. The mandate of the Disciplinary Hearings Office includes ensuring
that all disciplinary hearing processes are inclusive, transparent, fair and equitable.
Most proceedings are open to the public unless they involve public security or personal/
financial matters, and decisions are rendered in writing. However, the evidence adduced
at a disciplinary hearing is protected from disclosure for use in civil proceedings. 50
3. Internal reviews of incidents involving serious bodily harm or
death
58. Pursuant to Ontario Regulation 267/10 under the PSA, the Chief of Police must
launch an investigation regarding any incident of which the Special Investigations Unit
(SIU) has been notified. 51 As such, the Chief of Police must commission an investigation
every time a member of the Service is involved in an event resulting in death or serious
bodily harm to a member of the public. The purpose of the investigation is to review the
Service’s policies and procedures, and the conduct of the officers involved in the
incident. 52 The SIU is still considered the lead investigator in these circumstances but
the results of the respective investigations are delivered to different bodies. The SIU
45
Id., s. 85(7).
46
Ibid.
47
Id., s. 85(9).
48
Id., s. 89(1).
49
Id., s. 94(1).
50
Id., s. 83(7)(8)(9).
51
Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit, O. Reg. 267/10, s. 11(1).
52
Id., s. 11(2).
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