British Columbia Labour Rights Attorney Giving Police Officers the Representation They Need During Administrative Actions and Disciplinary Hearings

Police officers form the first line of defense between Ontarians and crime. If someone is robbed, assaulted, or burglarized, the first thing they’ll do is call the police. Despite this, police face a level of scrutiny and judgment many other working professionals do not. While they are public servants, police officers often find themselves unwillingly thrust into the public spotlight. When this happens, social media and the press can lead to the public making snap judgments about situations they know little about. Oftentimes this leads to internal affairs investigations.

In such situations, there may be pressure to discipline officers not for wrongdoing but to appease the public. If this happens, an officer may suddenly feel they no longer have the law on their side. It can seem as though the same law enforcement organization they served has now turned on them. If a police officer finds themselves facing an administrative action or disciplinary hearing, it’s important he or she understands their rights, as well as what steps to take to protect themselves.

What Rights do Police Officers Have in Ontario?

Police officers’ rights are established under the Community Safety and Policing Act. Though it was passed in 2019, the act only came into power in April 2024. The act is a comprehensive overhaul of the Police Services Act of 1990. The Community Safety and Policing Act contains over 263 sections, 100 sections more than the Police Services Act.

Although the Community Safety and Policing Act was passed with some support from the Ontario Association of Chiefs of Police, some unions are concerned. This is because the act allows for suspension without pay under certain circumstances. The act further makes it unclear if police officers suspended without pay are later able to be reimbursed if they are cleared of the accusations for which they were suspended.

Because the act is so new, some aspects of it have not yet been established. The powers and limits of the act will become clear as it is tested through cases. Despite this, there are certain basic rights to which police officers are entitled:

•       Presumption of Innocence
•       Due Process
•       Right to Counsel
•       Right to Appeal
•       Right to Judicial Review

These are the same rights enjoyed by any Canadian citizen. While public servants may be held to a higher standard of conduct, becoming a police officer does not strip an individual of his or her basic rights. The manner in which police investigations and disciplinary hearings are conducted closely follows the same procedures as if an average citizen were being placed on trial.

What Penalties Does a Police Officer Face Following an Administrative Action or Disciplinary Hearing?

Police officers face a variety of potential disciplinary actions if they are found guilty of accusations. These actions include:

•       Reprimand
•       Suspension
•       Dismissal
•       Imprisonment

While police officers have the same rights as average citizens, because of their position, the potential penalties are slightly different. A police reprimand is an official documentation of wrongdoing. A reprimand may have no immediate impact on an officer. However, a reprimand on an officer’s record could help form a pattern if they ever face an administrative action or disciplinary hearing again.

A suspension is a temporary removal from the police force. The officer will still remain employed but will not be on active duty. Like a reprimand, this can form a pattern in the event of later disciplinary action. In the past, there were procedures for establishing if an officer would be suspended with or without pay, and for how long. Under the new Community Safety and Policing Act, it is not yet clear what procedures will be followed. This means officers facing suspension in the near future will become test cases for the new law. A test case is a legal case whose outcome sets a precedent for future, similar cases. Police officers may find themselves suspended without pay. They may additionally find themselves suspended without pay pending any appeals or reviews of their case.

Officers may also face dismissal from the police force for their actions. This could potentially occur without any kind of severance pay. A dismissal from the police force could potentially negatively impact an individual’s future employment opportunities.

In some circumstances, an officer dismissed from the force may additionally find themselves jailed or imprisoned. Being a law enforcement officer in a correctional facility carries with it a high degree of risk. Being a law enforcement officer who was not only dismissed from the force but also incarcerated carries an even higher stigma than simple dismissal. It could severely limit your future job prospects. It could even have a negative impact on your relationships with friends, family, and neighbors. The impact to your reputation could be difficult to repair.

What Should I Do if I’m a Police Officer Facing an Administrative Action or Disciplinary Hearing?

The outcomes for a police officer facing an administrative action or disciplinary action could be severe. You could find yourself facing suspension without pay, dismissal from the force, or worse. An individual with a record of having been dismissed from the police force could potentially find it difficult to obtain future employment. Being a police officer dismissed from the force also carries with it a high social stigma.

If you or a loved one are a police officer facing a disciplinary hearing, don’t hesitate to contact Labour Rights Law, located at 3007 Glen Dr #206, Coquitlam, BC V3B 0L8. We’re 2.5km East of Eagle Ridge Hospital and 6.5km Northwest of Carnoustie Golf Club. Our attorneys have a deep respect for law enforcement personnel. We believe everyone deserves fair representation, including police officers. Our experienced, prestigious, and compassionate attorneys bring our years of experience in employment law to every case. We’ve fought big corporations and won. We’ll bring the same level of commitment and perseverance to dealing with police employment cases.

If you or a loved one are a police officer facing potential disciplinary action, call Labour Rights Law right now at 604-245-3169
or or email us for a consultation. We want to help those who help keep Ontario safe.