The Law Enforcement Review Board of Alberta overturned a Presiding Officer’s decision at a disciplinary hearing to terminate the employment of a constable who had admitted to 8 counts of misconduct. The Board held that the Presiding Officer’s failure to give weight to the impact of the constable’s depression on his misconduct, on which a psychologist gave expert evidence, was unreasonable, and it reinstated the constable’s employment. On appeal, the Court of Appeal held that the Board erred when it failed to properly apply the reasonableness standard to the Presiding Officer’s decision. The Board substituted its own decision for a reasonable decision of the Presiding Officer.
Administrative law – Decisions of administrative tribunals – Law Enforcement Review Board – Police – Disciplinary proceedings – Penalties and suspensions – Hearings – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Camrose (City) Police Service v. MacDonald, [2013] A.J. No. 1333, 2013 ABCA 422, Alberta Court of ...