Lamont v. Police Commr., (1983) 1 O.A.C. 337 (DC)

Judge:Osler, Eberle and Sirois, JJ.
Court:Superior Court of Justice of Ontario
Case Date:December 12, 1983
Jurisdiction:Ontario
Citations:(1983), 1 O.A.C. 337 (DC)
 
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Lamont v. Police Commr. (1983), 1 O.A.C. 337 (DC)

MLB headnote and full text

Lamont v. Ontario Provincial Police Commissioner (Erskine)

Indexed As: Lamont v. Ontario Provincial Police Commissioner (Erskine)

Ontario Divisional Court

Osler, Eberle and Sirois, JJ.

December 19, 1983.

Summary:

A provincial police constable was convicted of a disciplinary offence. He appealed to the Ontario Police Commission. The Commission allowed the appeal on the ground that the charge sheet was a nullity because it was not signed by the proper person. The Commissioner of the Ontario Provincial Police applied for judicial review of the Commission's decision.

The Ontario Divisional Court allowed the application in part. The Divisional Court agreed that the charge sheet was a nullity, but deleted that part of the Commission's order respecting dismissal of the charge.

Police - Topic 4265

Internal organization - Discipline - Procedure - Charge - Sufficiency of - A constable was charged with a disciplinary offence - The Ontario Divisional Court affirmed that the charge sheet was a nullity because it was not signed by the person designated under s. 38(1) of the Police Act, contrary to s. 41 of Police Act Regulation 791 - The court held that the procedural rules respecting disciplinary proceedings must be strictly followed.

Cases Noticed:

Re Giles and Halton Regional Police Force et al., 33 O.R.(2d) 666, appld. [para. 2].

Statutes Noticed:

Police Act Regulations, Regulation 791, sect. 41 [para. 2].

Counsel:

Michael W. Bader, for the applicant;

William J. Carroll, for the respondent.

This application was heard before Osler, Eberle and Sirois, JJ., of the Ontario Divisional Court, on December 12, 1983. The decision of the Divisional Court was delivered orally by Osler, J., and released on December 19, 1983.

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