This case is the first discipline prosecution of commissioned officers in the history of the O.P.P. Lawyers Julian Falconer and Asha James of Falconers LLP represented MacDonald and Jevons, who maintained their innocence throughout. During the middle of a contentious cross-examination of O.P.P. Commissioner Juilian Fantino by Mr. Falconer, the Commissioner brought a judicial review application on the grounds of a reasonable apprehension of bias against the adjudicator. The application was dismissed by both the Divisional Court and the Court of Appeal. All charges against Superintendent MacDonald and Inspector Jevons were subsequently withdrawn.
Excerpts of Evidence from Police Discipline Hearing
Hansard Transcripts (Questions put to the Attorney General for Ontario)
Court of Appeal dismisses Commissioner Fantino’s appeal of Divisional Court’s decision. November 13, 2009
Divisional Court dismisses Commissioner Fantino’s Application for Judicial Review. March 10, 2009
Divisional Court’s decision on Appeal of Justice Wilson’s decision December 11, 2008
Justice Wilson dismisses Commissioner Fantino’s Motion to Stay (police disciplinary hearing). November 24, 2008