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Police - Discreditable Conduct. Clarke v. Toronto Police Service 43 Division
In Clarke v. Toronto Police Service 43 Division (Ont Div Ct, 2025) the Ontario Divisional Court allowed a JR, here against the Independent Police Review Director's review (dismissed) of the police chief's disposition of his police complaint (dismissed).
Here the court considered 'discreditable conduct' under the (old) PSA:Discreditable conduct
[25] Citing Senior Constable Alexander Krug and Ottawa Police Service, 2003 CanLII 75460 (ON CPC), the Director noted that the test for discreditable conduct is objective, such that the subjective perceptions of a complainant, the officer’s superiors, or the decision maker, are not determinative. To determine whether an officer committed discreditable conduct, the officer’s actions should be weighed against the “reasonable expectations of the community.”
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[49] In his reasons relating to discreditable conduct, the Director says that the video shows Constable Kerr to be dismissive of Mr. Clarke’s concerns but makes no mention of his argument that the video proves that Constable Kerr lied. Similarly, he makes no mention of the fact that Detective Grant failed to respond to the same argument in her report.
[50] The reasons of both Detective Grant and the Director fail to meaningfully grapple with the central argument raised by Mr. Clarke. In the result, I find that the Director’s decision to confirm Detective Grant’s finding that the allegation of discreditable conduct was unsubstantiated was unreasonable.
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