30 Sep Ottawa Police Collective Agreement 2020
The respondents cited several decisions in favour of their exclusive jurisdiction, including Abbott against Collins, Heasman against Durham Regional Police Services Board, Richards against Catney and DiNunzio against The City of Hamilton (paragraphs 34-42). However, the Court found that these cases did not support the position that collective agreements and psa only regulate disputes arising from police jobs. In each of the above-mentioned authorities, the Tribunal analysed the facts, defined the essential nature of the claim and then found that the collective agreement applies effectively. Fairburn J. A. stated, « While the conclusions that have been made within these authorities may reflect the outcome desired by the respondents in this case, the argument process must advance the decision on that conclusion. » [Highlighted here only] (paragraph 36). The second flow of complaints is governed by section 76(1)(Part V) of the PSA, which allows a chief of police to file a complaint about the conduct of public servants. The respondents relied on Part V to argue that Mr. Rukavina could have asked the Chief of Police, an accused of the complaint, to bring a complaint against the defendant officials (paragraph 71).
The dispute in Skof began following an OPP investigation into allegations that he was sharing sensitive details about an ongoing police investigation. Skof was charged with infidelity and obstruction of justice. The investigation was opened on the orders of Ottawa Police Chief Charles Bordeleau, who later suspended Skof with pay. According to the PSA, the appeal procedure of the collective agreement cannot challenge a suspension under Article 89 of the Law and the « only recourse » for a civil servant who was taken with an unlawful suspension is the courts, the decision said. The Court of Appeal ruled similarly in September and ruled that the Supreme Court had jurisdiction over litigation resulting from an injury during police training – also involving the Ottawa Police Service. In Rukavina v. Ottawa (Police Services Board), 2020 ONCA 533, a tactical commander held responsible for the incident by the Special Investigation Unit, had prosecuted some police officers, the Chief of Police and the Ottawa Police Services Board for malicious prosecutions and misconduct in public office. . . .
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