Post by peter on May 6, 2012 19:11:24 GMT -5
INNISFIL/BWG — A former South Simcoe Police officer who was fired illegally has won the right to have his case considered by the Ontario Human Rights Tribunal.
David Oliver was fired by former chief Bruce Davis without proper process in February 2008, setting off a series of quasi-judicial hearings that ended with Oliver being fully exonerated and Davis being docked five vacation days after pleading guilty to neglect of duty.
Oliver filed an application with the Human Rights Tribunal in January 2009 citing discrimination by the police service over “perceived ancestry and creed”. Oliver is also claiming harassment in the workplace as well as “reprisal or threat of reprisal”.
Oliver joined South Simcoe Police in 2006 after working for the Nishnawbe-Aski Police Service in a small aboriginal community 530 kilometres northwest of Thunder Bay, where he served for eight months.
Oliver’s human rights application was put on hold pending the outcome of his police hearing. However, he failed to reactive his claims in February 2010 after he was fully exonerated.
In response, South Simcoe Police attempted to have Oliver’s human rights application quashed because it didn’t meet deadlines under the tribunal’s procedures.
However, tribunal vice-chairperson Sherry Liang allowed Oliver’s case to move forward in a May 1 decision even though he missed a “re-activation” date by six months.
“Although it may be said that dismissal of the Application would be an “expeditious” resolution I find it would not be just or fair,” Liang said in her decision.
Oliver failed to re-activate his application in a timely manner following the Ontario Civilian Police Commission disciplinary hearings. But Liang decided to allow Oliver’s case to proceed, partially due to issues surrounding the disciplinary hearings.
“The prejudice to (Oliver) in not granting the request to re-activate is the dismissal of an otherwise timely application within the tribunal’s jurisdiction,” Liang stated in her decision.
Deputy Chief Allan Cheesman declined to comment on the issue because it is an ongoing matter. The police service has until June 4 to file a response to Oliver’s human rights application.
David Oliver was fired by former chief Bruce Davis without proper process in February 2008, setting off a series of quasi-judicial hearings that ended with Oliver being fully exonerated and Davis being docked five vacation days after pleading guilty to neglect of duty.
Oliver filed an application with the Human Rights Tribunal in January 2009 citing discrimination by the police service over “perceived ancestry and creed”. Oliver is also claiming harassment in the workplace as well as “reprisal or threat of reprisal”.
Oliver joined South Simcoe Police in 2006 after working for the Nishnawbe-Aski Police Service in a small aboriginal community 530 kilometres northwest of Thunder Bay, where he served for eight months.
Oliver’s human rights application was put on hold pending the outcome of his police hearing. However, he failed to reactive his claims in February 2010 after he was fully exonerated.
In response, South Simcoe Police attempted to have Oliver’s human rights application quashed because it didn’t meet deadlines under the tribunal’s procedures.
However, tribunal vice-chairperson Sherry Liang allowed Oliver’s case to move forward in a May 1 decision even though he missed a “re-activation” date by six months.
“Although it may be said that dismissal of the Application would be an “expeditious” resolution I find it would not be just or fair,” Liang said in her decision.
Oliver failed to re-activate his application in a timely manner following the Ontario Civilian Police Commission disciplinary hearings. But Liang decided to allow Oliver’s case to proceed, partially due to issues surrounding the disciplinary hearings.
“The prejudice to (Oliver) in not granting the request to re-activate is the dismissal of an otherwise timely application within the tribunal’s jurisdiction,” Liang stated in her decision.
Deputy Chief Allan Cheesman declined to comment on the issue because it is an ongoing matter. The police service has until June 4 to file a response to Oliver’s human rights application.