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
Walmart, Costco refusing to sign grocery code of conduct 'untenable': industry minister
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
Robbers made off with 'several million euros' of jewels in armed heist at Harry Winston store in Paris
Armed robbers who used a motorbike as a battering ram made off with 'several million euros' worth of valuables in a heist of the luxury Paris boutique of self-declared 'Jeweler to the Stars' Harry Winston, the French prosecutor’s office overseeing the police probe said.
Serious boat crash kills 3, injures 5 on the Buck Bay area of Bobs Lake: OPP
Three people were killed and five others were injured Saturday night following a boat crash on the Buck Bay area of Bobs Lake, north of Kingston, Ont., the Ontario Provincial Police (OPP) said.
The secret Italian lakes that most tourists don't know about
Italy has dozens of secret smaller lakes that boast superb scenery, unknown to mass tourism, where locals get together on day trips and enjoy picnics.
Helicopter carrying Iran's president suffers a 'hard landing,' state TV says without further details
A helicopter carrying Iranian President Ebrahim Raisi suffered a 'hard landing' on Sunday, Iranian state media reported, without immediately elaborating.
Signs of Alzheimer’s were everywhere. Then his brain improved
Blood biomarkers of telltale signs of early Alzheimer’s disease in the brain of his patient, 55-year-old entrepreneur Simon Nicholls, had all but disappeared in a mere 14 months.
Woman killed in Montreal's Saint-Michel district: ex-husband arrested
Less than 24 hours after Montreal's 12th homicide investigation began, Montreal police confirmed that a 55-year-old woman's death in St. Michel is the island's 13th homicide.
Canadian immigration asks medical worker fleeing Gaza if he treated Hamas fighters
Lawyers are questioning Canada’s approach to screening visa applications for people in Gaza with extended family in Canada after one applicant, a medical worker, was asked whether he had treated members of Hamas.
Ottawa driver who appeared to be racing another vehicle on Highway 416 facing charges
The Ontario Provincial Police (OPP) says an Ottawa driver is facing charges after being caught going 187 km/h on Highway 416.