Mahlberg v. Ferguson and Naismith, (1983) 1 O.A.C. 155 (DC)

• Judge: Steele, Eberle and Sirois, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 23, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 155 (DC)

Mahlberg v. Ferguson (1983), 1 O.A.C. 155 (DC)

MLB headnote and full text

Mahlberg v. Ferguson, Deputy Commissioner and Naismith, Assistant Commissioner

(133/83)

Indexed As: Mahlberg v. Ferguson and Naismith

Ontario Divisional Court

Steele, Eberle and Sirois, JJ.

December 15, 1983.

Summary:

A provincial police constable was charged with discreditable conduct because he took part in politics contrary to s. 62(a) of the Police Act Regulations, after he stood as a candidate and was elected to a town council. The constable applied for judicial review to quash the charge against him on the ground that he was permitted to run for election pursuant to s. 11 of the Public Service Act.

The Ontario Divisional Court allowed the application and quashed the charge against the constable.

Elections - Topic 1355

Candidates - Eligibility - Disqualifications - Crown employee - The Ontario Divisional Court held that a provincial police constable could run for election to any elective municipal office pursuant to the authority in s. 11 of the Public Service Act, regardless that taking part in politics was prohibited by s. 62(a) of Police Act Regulation 791.

Cases Noticed:

Belanger v. The King, 54 S.C.R. 265, not appld. [para. 8].

Re Krossel and Director of Vocational Rehabilitation Services Branch, Department of Social and Family Services, [1972] 1 O.R. 895 (Ont. C.A.), not appld. [para. 8].

Statutes Noticed:

Police Act, R.S.O. 1980, c. 381, sect. 46 [para. 6, 9]; sect. 47(1)(a), sect. 74(1)(p), sect. 74(1)(q), sect. 74(2) [para. 6].

Police Act Regulations, Regulation 791, sect. 62(a) [paras. 6 to 8, 10].

Public Service Act, R.S.O. 1980, c. 418, sect. 1(e), sect. 1(g) [para. 3]; sect. 11 [paras. 3, 7 to 10]; sect. 12 [paras. 3, 10]; sect. 30(1)(u) [para. 3].

Counsel:

W. Michael Temple, Q.C., for the applicant;

Dennis W. Brown, Q.C., for the respondents.

This application was heard before Steele, Eberle and Sirois, JJ., of the Ontario Divisional Court, on November 23, 1983. The decision of the Divisional Court was delivered by Steele, J., and released on December 15, 1983.