Guelph police officer Corey McArthur seeks demotion, not dismissal in appeal

Suspended Guelph police constable Corey McArthur believes the decision he must resign or be fired should be reduced to him being demoted.

This comes from a notice of appeal he filed on Oct. 31 with the Ontario Civilian Police Commission (OCPC) - days after an Oct. 26 decision that stated McArthur had seven days to resign or be fired from the Guelph Police Service.

The appeal, which was obtained by CTV News, says McArthur is seeking an order from the commission for “reducing the penalty imposed from dismissal to one of demotion with the return to work."

McArthur’s appeal says the hearing officer, Terence Kelly, made numerous mistakes in his sentencing, resulting in a penalty that was "harsh and excessive in the circumstances of this case.”

The grounds for appeal are rooted in the belief Kelly was in the wrong for failing to apply the sentencing principles of recognition of the seriousness of the misconduct, handicap and other relevant personal circumstances, including McArthur’s potential to reform and rehabilitate.

The appeal further alleges Kelly was wrong for failing to apply the agreed statement of facts and by misapprehending and misstating material facts.

The incident in question stems from a guilty plea of discreditable conduct in relation to an incident where he elbowed a teen lying in a hospital bed at the Guelph General Hospital in 2016.

McArthur was placed on a paid leave of absence shortly after the September 2016 incident and remains on the Guelph Police Service payroll.