Hearing underway for Guelph Police officer Const. Corey McArthur
A hearing is underway for Guelph Police officer Corey Mcarthur, who is appealing a decision that he must resign or be fired from the force.
The virtual hearing on Tuesday morning, is held by the Ontario Civilian Police Commission (OCPC).
McArthur’s lawyer is arguing he shouldn’t be fired but demoted instead.
HISTORY OF MCARTHUR’S CASE
In September 2016, McArthur struck a 17-year-old who was handcuffed to a bed at Guelph General Hospital. The teen, who had been using crystal meth, was threatening to harm himself. McArthur elbowed the boy after being kneed.
The incident was reported after the hospital reviewed security video.
He was initially charged with assault causing bodily harm but later pled guilty to a lesser charge.
In 2018, McArthur was sentenced, given a conditional discharge, maximum probation of 3 years and 240 hours of community service.
McArthur has been suspended with pay since 2016, making over $100,000 per year most years, according to the Ontario Sunshine List.
In the fall of 2022, six years after the assault, a disciplinary hearing found that McArthur had seven days to resign from his position or he would be fired.
Days later, McArthur filed a notice of appeal at the end of October, with the OCPC.
MCARTHUR’S HEARING
McArthur’s appeal stated that the police board 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.”
Council for McArthur on Tuesday called it “a fundamentally unfair penalty decision,” and added that: “the penalty decision makes no allowance for and fails to consider the real and graphic effects of PTSD as it was lived and experienced by Corey McArthur.”
Adding that McArthur is currently on a "successful and sustainable recovery" from PTSD and should therefore be allowed to keep a job with the police service.
His council also argued that a 2014 incident involving McArthur when was admitted in the proceeding was “a critical error.”
LAWYERS FOR GUELPH POLICE
On the other side, lawyers for the Guelph Police Service argued that McArthur should no longer be employed by them.
"The damage to the service in this case was very extensive," they said.
Lawyers admitted that the original employment hearing wasn’t perfect.
“You may well find that there are imperfections,” lawyers said.
But added: “I urge you to boil this matter down to its most basic facts. A police officer who [was] mistrusted with protecting the public, and particularly its most vulnerable members, has now twice been convicted of criminal assault in situations where he was deemed to have been reactive, aggressive, easy to anger and he abused his authority and the public trust.”
Citing case law, they argued: "Dismissal is well within the range of reasonable outcomes."
A decision on whether McArthur’s termination from the force stands was not handed down Tuesday and it's unclear when a decision will be made.
CTVNews.ca Top Stories
BREAKING Serial sexual offender linked to unsolved 1970s homicides of four Calgary girls, women
An investigation into unsolved historical homicides from the 1970s has linked the deaths of two girls and two young women in and around Calgary to a now-deceased serial offender.
Scottie Scheffler isn't the first pro golfer to be arrested during a tournament
Scottie Scheffler's arrest hours before his second-round tee time at the PGA Championship in Louisville, Kentucky, will go down as one of the most shocking in professional golf history. It certainly wasn't the first, though.
NEW What a wildfire survivor says she regrets not grabbing before leaving home
Carol Christian had 15 minutes to evacuate her home during the Fort McMurray wildfires in 2016. She ended up losing the house and everything inside. Now, she wants to share the lessons she learned.
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
Canadian convicted of attacking Nancy Pelosi's husband with a hammer sentenced to 30 years
The man convicted of attempting to kidnap then-U.S. House Speaker Nancy Pelosi and attacking her husband with a hammer was sentenced Friday to 30 years in prison.
World No. 1 golfer charged with police officer assault before PGA Championship second round
World number one golfer Scottie Scheffler was arrested and charged with the assault of a police officer in what he called a 'chaotic situation' before being released in time to start his second round at the PGA Championship on Friday.
Australia's richest woman seeks removal of her portrait from exhibition
Art is subjective. And while many artists long to share their work with the world, there's no guarantee that the audience will understand it, or even like it.
B.C. optometrist warns against trending eye colour change procedure
A medical procedure that can permanently change a person's eye colour may be trending on social media, but a B.C. optometrist is warning about the significant risks associated.
An airplane passenger was spotted in an overhead bin. This was the reaction
Airplane overhead compartments. Home to luggage of all shapes and sizes, the odd coat or two, several duty-free bags, a fair bit of dust and… passengers?