[digest 2018-14524|2019|FIRED] The Discipline Authority determined that allegations were not minor and were troubling as they were sexual in nature and were considered to be a “physical violation of each of the victims.” He also noted that the member did not appear to accept responsibility that he acted in a manner that was inappropriate.
[digest 2017-14017|2020|not fired] According to Chief Officer Jones, “the allegations facing Sergeant Van Patten [were] extremely serious.
[digest 2015-10950|2017|not fired] At the completion of the Review on the Record, Adjudicator Oppal determined that the conduct of the police officer was “egregious” and that the allegation of Discreditable Conduct “border[ed] on dismissal” due to the member’s position of trust.
[digest 2017-13965|2021|FIRED] After review, the Commissioner did not approve the disciplinary or corrective measures as they did not reflect the seriousness of the conduct.
[digest 2021-19272|2021|not fired] It was determined that the comments made were unacceptable in an inclusive and professional workplace.
[digest 2017-13521|2021|not fired] The Commissioner noted that while the Discipline Authority correctly underscored the seriousness of domestic violence and the public’s expectation that those “sworn to protect the vulnerable from intimate partner violence must not engage in it themselves,” those principles were not sufficiently reflected in the proposed penalties.
[digest 2021-20838|2023|FIRED] The Commissioner also determined that a Review on Record was necessary as the disciplinary or corrective measure proposed by the Discipline Authority for the misconduct relating to taking and sharing the video did not reflect the seriousness of the misconduct, and the position of trust which the Special Municipal Constable held in relation to the person in their custody.
[digest 2021-20838|2023|FIRED] Neal further noted that the Special Municipal Constable demonstrated a disturbing indifference to basic standards of trust, care, and professionalism applicable to all officers.
[digest 2021-20838|2023|FIRED] Neal emphasized the seriousness of the misconduct and the need to denounce the misconduct and deter others from engaging in similar behaviours.
[digest 2015-11048-03|2018|not fired] It was the Police Complaint Commissioner’s view that Retired Judge Pitfield’s assessment of the seriousness of the misconduct and the appropriate disciplinary measures was within the appropriate range.
[digest 2020-18058|2022|not fired] The Discipline Authority determined that the former member’s actions were “serious” and “troubling” with respect to the assault and threatening of his former spouse, and that serious consequences were required to denounce the misconduct.
[digest 2019-16234|2024|FIRED] The Commissioner noted that the proposed disciplinary or corrective measures would potentially allow the member to re-enter the workplace, which could have the potential to bring the administration of police discipline into disrepute given the Discipline Authority had found the member used their rank, position, and seniority to facilitate a pattern of predatory behaviour.Accordingly, the Commissioner appointed Ms.
[digest 2019-16234|2024|FIRED] In arriving at the proposed disciplinary or corrective measure of reduction in rank, the Discipline Authority determined that the member’s actions were “very serious” and “predatory in nature”, that the member was in a position of authority, and that the affected persons were vulnerable relative to the member’s position.For further information on this decision, go to https://opcc.bc.ca/decisions/reviews-on-the-record/
[digest 2021-20297|2024|FIRED] The Discipline Authority further found this conduct was unprofessional, egregious, and amounted to the highest level of Police Act misconduct.
[digest 2023-23290|2024|FIRED] In arriving at the appropriate disciplinary or corrective measures, the Discipline Authority noted the seriousness of the misconduct, that the member was in a clear position of trust, influence, and authority and would have significant influence over the female’s career aspirations.
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] Aggravating and Mitigating Factors (a) Seriousness of the Misconduct [9] The entry of the residence and the use of force against Vladimir Tchaikoun commenced with Constable Ludeman’s decision to place his hand on Mr.
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] PH 2019-01 [18] Page 6 of 24 In considering the seriousness of Constable Logan’s misconduct, I note that the degree of force he used against Natalia and Yuri Chaikun was far less severe that that used against Vladimir, and it occurred in connection with what I have found to be Constable Logan’s belief in a duty to assist his partner.
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] [19] In relation to the seriousness of the misconduct, in summary, it was apparent to me that both officers’ instincts, for whatever reason, were to use force as an expedient shortcut; forgoing the use of communication to gain cooperation.
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] The injuries to Vladimir Tchaikoun were very serious, Yuri Chaikun also suffered injury, and Natalia Chaikun experienced the indignity of being treated like a criminal when she was the reported victim.
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] [84] While I agree that it is appropriate to take into account the entire series of events in assessing the degree to which the response will foster respect for the administration of police discipline, in my view it is important not to duplicate the analysis of aggravating circumstances and seriousness of the misconduct already performed under Section 126(2).
[decision 12210-2021-06-11-Adjudicators-Reasons-on-Disciplinary-or-Corrective-Measures.txt] Hickford that, based on the aggravating factors in this case, in particular the seriousness of the misconduct, there must be significant disciplinary measures at the punitive end of the scale.
[decision 13492-2018-08-02_PHC_-Submissions-on-the-Evidence_Hickfoird_Redacted2.txt] G's testimony was both truthful and correct, that this still is not a matter of misconduct that should be dealt with under the Police Act is troubling.
[decision 13492-2018-08-02_PHC_-Submissions-on-the-Evidence_Hickfoird_Redacted2.txt] His belief that this matter is an issue properly dealt with as a labour issue shows his lack of regard for the level of seriousness of his actions.
[decision 13492-2018-08-02_PHC_-Submissions-on-the-Evidence_Hickfoird_Redacted2.txt] One of the most troubling aspects of Inspector de Haas' testimony was the major shift in his evidence with respect to the 5 to 10 minute social conversation he described occurred in his in his transcribed statement of November 9, 2017.
[decision 13492-2018-08-02_PHC_-Submissions-on-the-Evidence_Hickfoird_Redacted2.txt] It is also troubling that when I cross-examined him on the reasons that he had for making the comments about Constable A being gay when asked about the text references to that occurred between Constable A and Constable G, he told this tribunal that what he meant was that it was Constable A putting her own fantasy thoughts towards forward.
[decision 13492-2018-08-10_CC_Submissions-on-Evidence_Underhill_Redacted.txt] 138 of the Police Act due to the seriousness of the complaint, the fact the conduct would be likely to violate a person’s dignity or privacy, the reasonable prospect the public hearing would assist in determining the truth, an arguable case that the discipline or corrective measures are inappropriate or inadequate, and to reserve or 5 Exhibit 1, Notice of Public Hearing, para.
[decision 13492-2018-08-10_CC_Submissions-on-Evidence_Underhill_Redacted.txt] While the text exchange made use of emojis and had a “joking” manner, Constable G was forthright that she was using humour to attempt to diffuse the disturbing situation, and was attempting to “lighten the mood”.
[decision 13492-2018-08-10_CC_Submissions-on-Evidence_Underhill_Redacted.txt] Inspector de Haas repeatedly stressed in cross-examination how abhorrent he would find it for senior inspectors to flirt with junior staff.
[decision 13492-2018-08-10_CC_Submissions-on-Evidence_Underhill_Redacted.txt] The email is particularly troubling given that Inspector de Haas himself acted as a Discipline Authority on more than 120 cases.
[decision 13492-2018-08-27_Adjudicators-Written-Decision_Part-1_Final_Baird-Ellan.txt] Ultimately she decided to come forward with a complaint as a matter of duty because of what she considered the seriousness of the incident.
[decision 13492-2018-08-27_Adjudicators-Written-Decision_Part-1_Final_Baird-Ellan.txt] In addition, Commission Counsel also submitted that the Member’s dissemination of the June 9 email was a separate incident of extremely serious misconduct in the nature of interference with an investigation and possibly, obstruction of justice.
[decision 13492-2018-08-27_Adjudicators-Written-Decision_Part-1_Final_Baird-Ellan.txt] I agree with Commission Counsel that if he truly did not recognize that the incident as described by the Complainant and Constable B was Police Act misconduct, that would be highly disturbing.
[decision 13492-2018-08-27_Adjudicators-Written-Decision_Part-1_Final_Baird-Ellan.txt] It is akin to an argument that if a member’s actions, however dishonourable, do not become known to the public they cannot be discreditable.
[decision 13492-2018-08-27_Adjudicators-Written-Decision_Part-1_Final_Baird-Ellan.txt] The element of intent in relation to the nature of discreditable conduct is an objective one: if the behaviour is of a nature that, if known to the public, would be considered dishonourable, it is discreditable.
[decision 13492-2018-09-19_Adjudicators-Decision_Disciplinary_Corrective-Masures_d....txt] Aggravating and Mitigating Circumstances (a) Seriousness of the Misconduct [12] I found that the Member committed discreditable conduct when he physically disciplined the Complainant by removing her hands from her pockets, and smacking or slapping her on the buttocks.
[decision 13492-2018-09-19_Adjudicators-Decision_Disciplinary_Corrective-Masures_d....txt] His subsequent conduct and characterization of the incident however show firstly that he did not recognize he had also violated the department’s conduct standards by the unwanted physical contact of pulling the Complainant’s arms out of her pockets; and secondly, that he did not acknowledge either the seriousness of the slap or its impact on the Complainant.
[decision 13492-2018-09-19_Adjudicators-Decision_Disciplinary_Corrective-Masures_d....txt] (d) The Likelihood of Future Misconduct by the Member [21] While the Member has since the incident minimized and/or negated the seriousness of his misconduct, that is not necessarily fatal to a finding that he is unlikely to exhibit such conduct in the future.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] This is extremely serious in nature especially for a police officer who understands the impacts of the actions.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] The Discipline Authority outlined the seriousness of the member’s conduct classifying it as “extremely serious in nature especially for a police officer who understands the impacts of [the] actions.” The Discipline Authority went on to state, “Any of these allegations, taken separately, would be considered serious.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] However, assessing them collectively and in the context of intimate partner violence paints an even more troubling picture.” 18.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] The proposed discipline of a two day suspension demonstrates that the Discipline Authority, while making reference to the seriousness of the matters, has not accorded appropriate weight to the seriousness of the violent conduct of the member.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] There was no indication of any DVU notification, despite the Discipline Authority acknowledging the seriousness of this conduct and the importance of combatting domestic violence.
[decision 13521-2020-06-23-Notice-of-Review-on-the-Record.txt] In his decision the Discipline Authority correctly acknowledges the seriousness of domestic violence and the APD’s commitment to “aggressively combat and reduce violence against women”.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] Therefore, when assessing the seriousness of the misconduct, I believe it is important to consider the totality of the five allegations as well as each allegation separately.” The Discipline Authority also said: “Any of these allegations, taken separately, would be considered serious.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] Considine, counsel for the Commissioner, submitted that the member’s conduct warrants very serious disciplinary or corrective measures and that the member should be dismissed from the Abbotsford Police Department.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] He emphasized the importance of the following factors: a) The seriousness of the misconduct.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] He improperly went to his estranged wife’s vehicle on a near weekly basis to replace the tracker battery, notwithstanding being told to not do so by one of his superior officers is very disturbing and showed a complete disregard for his position as a police officer.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] The effect of sustained deliberate discreditable conduct over approximately six months by Constable ______ is a significant barrier to maintaining public confidence in policing and the justice system in British Columbia which reflects the seriousness of his misconduct.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] His overall misconduct was described by Chief Constable Serr as “extremely serious” when looking at the totality of the misconduct and intimate partner violence of which Constable _____ was aware.” 11 b) The likelihood of future misconduct by the member.
[decision 13521-2021-04-16-Adjudicator-Pendleton-Review-on-Record-Decision.txt] The appropriate disciplinary and corrective measures are to suspend the member without pay for longer periods than proposed by the Discipline Authority given the seriousness of the misconduct.
[decision 13965-2020-06-01-Notice-of-Review-on-the-Record-.txt] Considering the seriousness of domestic violence, Ms.
[decision 13965-2020-11-10-Adjudicator-Neal-Decision_Redacted.txt] The Complainant requested a Public Hearing to properly reflect the seriousness of domestic violence and to recognize the Complainant’s evidence on the matters in issue.
[decision 13965-2020-11-10-Adjudicator-Neal-Decision_Redacted.txt] In her statement to the Seaside Police Department, however, the Discipline Authority determined that the Complainant failed to mention the most serious of the assaults allegedly committed by the Member at roadside south of the Fischer Quarry; (b) That upon returning home, the Complainant described her trip with the Member to her friend Ms.
[decision 13965-2020-11-10-Adjudicator-Neal-Decision_Redacted.txt] Specifically, it is submitted that the Complainant failed to include details of the most serious assault allegation involving strikes that the member allegedly made near the Quarry.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] But that evidence does not exist in the present case and, appropriate discipline for that very serious misconduct is dismissal.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] However, the seriousness of the conduct does not, by itself, set aside the philosophy that underlies s.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] Finally, Counsel for the Member notes that the connection of the facts to a REDACTED may mitigate the seriousness of the sanction to be imposed.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] (78) As noted above, Counsel for the Member also submits that the seriousness of the misconduct does not, however, automatically lead to the conclusion that dismissal is the only reasonable disciplinary and corrective measure.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] (81) Counsel for the Commissioner further argues that a 2010 publication entitled “Violence Against Women in Relationships” raises disturbing statistics on the subject of intimate partner violence: 20 “In domestic violence situations, violence is commonly used by one person to establish control over their partner or to control their partner’s actions.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] (84) Having considered the circumstances of this case and the submissions of the parties, it is my finding that the Member’s misconduct was indeed extremely serious.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] 22 (88) I find, therefore, that in all of the circumstances, the seriousness of the Member’s misconduct was at the high end of the spectrum of misconduct.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] While the Complainant acknowledges the seriousness of losing a career, the submission is that the Member alone is responsible for those consequences.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] (107) I find that the potential impact of a dismissal can be very serious for the Member in terms of income, benefits and future employment prospects.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] (117) Finally, the complete failure of the Member to acknowledge or admit his misconduct, other than the windshield damage, and his consistent attempts to place blame on the Complainant, confirm that there has been no genuine awareness or understanding of the seriousness of the assault misconduct.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] The hearing officer concluded that the conduct was “so egregious as to cause serious damage to the reputation of the Belleville Police Service.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] The allegations against him, which have been proven, are very serious and lasting in their impact.
[decision 13965-2021-06-17-Notice-of-Adjudicators-Decision-Regarding-Disciplinary-or-Corrective-Measures.txt] Having concluded my analysis of this matter, I find that I agree with the decision 30 of the Discipline Authority and his conclusion that the misconduct was extremely serious, and that dismissal is the only appropriate discipline.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] In arriving at the proposed discipline, the Discipline Authority found that the Member’s actions were “very serious,” “predatory in nature,” and amounted to a “highrange level” of misconduct.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] The proposed disciplinary or corrective measures would potentially allow the Member to re-enter the workplace, notwithstanding the Discipline Authority’s findings that the Member used his rank, position, and seniority to “facilitate a pattern of predatory behaviour.” This has the potential to bring the administration of police discipline into disrepute as contemplated by section 126(3).
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] [52] In her comprehensive written submissions on the Review on the Record, Counsel for the Commissioner submits that, in light of the seriousness of the misconduct, when the Section 126(3) factors of workability and effect on the administration of police discipline are considered, dismissal is warranted.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] In highlighting the seriousness of the misconduct, Counsel notes that Adjudicator’s Decision on Review on the Record, RR 24-01 page 14 discreditable conduct under the Police Act entails conduct that an officer knows or ought to know would be likely to bring discredit on the department.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] She notes that the Discipline Authority described the Former Member’s conduct as “indicative of predatory behaviour” and moreover, that the Discipline Authority made findings that he used his rank, position and seniority to facilitate a pattern of predatory behaviour against three officers junior to him in rank and an employee known by him to be vulnerable.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] She points out that the aspects of seriousness of the conduct and feasibility of return to work in light of workplace safety concerns have been considered in such cases as Cho v.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] Counsel concedes that dismissal is the most serious form of discipline and does not allow of education or correction, but submits that it applies in cases of serious misconduct involving a Adjudicator’s Decision on Review on the Record, RR 24-01 page 16 high risk to public confidence in relation to police discipline and the member, and serves to denounce conduct and deter others.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] Adjudicator’s Decision on Review on the Record, RR 24-01 [65] page 17 Accordingly, while it may be helpful as a reference point to understand that sexual predators are, as a rule, dismissed within employment and human rights contexts, the legislative scheme in relation to police discipline arguably provides full guidance as to how to assess the relevant penalty.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] Seriousness of the Misconduct [69] There are two allegations in this matter, involving four individuals who were the recipients of inappropriate sexual conduct on the part of the Former Member.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] Adjudicator’s Decision on Review on the Record, RR 24-01 [70] page 18 For each of these incidents separately the behaviour might be considered predatory.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] [74] Counsel for the Commissioner emphasizes that the Former Member’s supervisory role or superior stature in the department in relation to all of the recipients adds to the seriousness of the Adjudicator’s Decision on Review on the Record, RR 24-01 page 19 misconduct, and that submission is unassailable.
[decision 16234-2024-07-25-Adjudicator-Baird-Ellan-Decision.txt] His treatment of every one of these women was despicable, devoid of respect, and demonstrated a total unwillingness or inability to perceive or respect the potential effects on them of his actions.
[decision 16869-2021-05-17-Adjudicator-Neal-Decision.txt] Justice Affleck considered an earlier Adjudicator decision provided under section 117, noting as follows: [27] There are two troubling aspects to the approach to his task taken by the retired judge.
[decision 16869-2021-05-17-Adjudicator-Neal-Decision.txt] was subsequently convicted of several serious offences involving the Complainant.
[decision 18123-2023-12-27-Discipline-Authoritys-Reasons-on-Disciplinary-or-Corrective-Measures.txt] Section 126(2) Factors (a) The seriousness of the misconduct [10] In relation to the finding of misconduct at the discipline proceeding, I found that the member failed to fulfill the duty that was outlined to her in her training and in the materials supplied to her, and that there was ample material made available to her with respect to the scope of her duty, which she neglected to reference1.
[decision 18123-2023-12-27-Discipline-Authoritys-Reasons-on-Disciplinary-or-Corrective-Measures.txt] However, the existence of those factors is most certainly a consideration in relation to the seriousness of the conduct.
[decision 18123-2023-12-27-Discipline-Authoritys-Reasons-on-Disciplinary-or-Corrective-Measures.txt] Those are comments that I expect the department and the OPCC will consider, but they are not factors pertaining to the seriousness of the misconduct.
[decision 18123-2023-12-27-Discipline-Authoritys-Reasons-on-Disciplinary-or-Corrective-Measures.txt] These are factors for consideration in relation to the seriousness of the misconduct, but they are unlikely, in my view, to provide a foundation for a finding of abusive conduct attributable to heritage or social status.
[decision 18123-2023-12-27-Discipline-Authoritys-Reasons-on-Disciplinary-or-Corrective-Measures.txt] I have come to the view, however, that the nature of the misconduct here can be addressed by further correction and education; that suspension would be disproportionate to the seriousness of the misconduct; and a failure to impose it would not bring the administration of police discipline into disrepute.
[decision 2025-03-24-Adjudicator-Baird-Ellan-Reasons-for-Section-150-Order.txt] [28] Commission Counsel submits that withholding the identity of the respondent member at a public hearing is an extraordinary measure and should only be taken if it is necessary to avoid unacceptable impacts on the witnesses’ privacy interests.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] They include extensive corrective measures as well as the most serious disciplinary measures an adjudicator can impose under the Police Act, short of dismissal.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] They reflect the nature and seriousness of the admitted misconduct and will send appropriate messages of denunciation and deterrence to the policing community and the public at large.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] 126(1), a reduction in rank is the second most serious form discipline, behind only dismissal.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] These very real impacts underscore the seriousness of the misconduct in this case and properly call out for both disciplinary and corrective measures.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] For example, demotion has long-term financial consequences and affects assignments, opportunities, and stature within the department.83 It is the most serious disciplinary measure available under the Police Act, short of dismissal.
[decision 2025-04-08-Submissions-of-Police-Complaint-Commissioner.txt] Reasonable and informed persons would recognize that they include extensive corrective measures as well as the most serious disciplinary measures an adjudicator can impose under the Police Act, short of dismissal.
[decision 21398-2024-06-19-Notice-of-Public-Hearing.txt] Unknown persons commented on the post alleging Sergeant McConnell was a “sexual predator” and had a “history of sexually assaulting his students” while employed as an instructor at Royal Roads University (RRU).
[decision 21398-2024-06-19-Notice-of-Public-Hearing.txt] c) The seriousness of these allegations of misconduct are further demonstrated in that they are alleged to have occurred over a period of approximately five years and, if proven, suggest an ongoing pattern of unwanted and inappropriate sexualized behaviour towards female officers, and his students and former students.
[decision 22761-2025-09-10-Notice-of-Review-on-the-Record.txt] As explained further below, I believe that a 10-day unpaid suspension does not adequately reflect the seriousness of the admitted misconduct in this case, or the recent public hearing decision finding that Former Constable McConnell had engaged in Discreditable Conduct in the nature of sexual harassment with respect to five other women.
[decision 22761-2025-09-10-Notice-of-Review-on-the-Record.txt] In these circumstances, it is in the public interest to ensure the outcomes of this process are commensurate with the seriousness of the admitted misconduct and its impacts.
[decision 23872-2024-05-21-Adjudicator-Arnold-Bailey-Decision.txt] 40) that “context is all important and a judge should not be unmindful, where appropriate, of inherent probabilities or improbabilities or the seriousness of the allegations or consequences.” The strength of the evidence must be such that it clearly satisfies this test, as the Court indicates (at para.
[decision PH24-01-2025-05-06-Decision-of-Adjudicator-Baird-Ellan_Redacted.txt] [28] [29] The impact of the Member’s misconduct on these five individuals will be discussed further in Part 5(a) dealing with the seriousness of the misconduct.
[decision PH24-01-2025-05-06-Decision-of-Adjudicator-Baird-Ellan_Redacted.txt] Section 126(2) Factors (a) Seriousness of the Misconduct [41] Sergeant McConnell’s conduct is readily characterized as sexual harassment, and he has admitted as much.
[decision PH24-01-2025-05-06-Decision-of-Adjudicator-Baird-Ellan_Redacted.txt] While the misconduct must in that respect be considered predatory, it is toward the low end of the scale in terms of that particular characterization.
[decision PH24-01-2025-05-06-Decision-of-Adjudicator-Baird-Ellan_Redacted.txt] This type of sexualized behaviour is wrong and completely unacceptable, especially by anyone who is in a trusted position of power.
[decision PH24-01-2025-05-06-Decision-of-Adjudicator-Baird-Ellan_Redacted.txt] [81] Counsel for the Member submits that, “Simply put, there is no indication that this case falls outside an appropriate range.” [82] I have already observed that the measures that the Member will accept here are just short of the most serious available sanctions.

TOTAL: 103
