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
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.
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.
$500K-worth of elvers seized at Toronto airport
Fishery and border service officers seized more than 100 kilograms of unauthorized elvers at the Toronto Pearson International Airport on Wednesday.
Toronto eliminated from PWHL playoffs
Toronto has been eliminated from the PWHL playoffs.
Dabney Coleman, actor who specialized in curmudgeons, dies at 92
Dabney Coleman, the mustachioed character actor who specialized in smarmy villains like the chauvinist boss in '9 to 5' and the nasty TV director in 'Tootsie,' has died. He was 92.
Information commissioner faces $700K funding shortfall, says system is 'overwhelmed'
Canada's information commissioner says her office is facing a $700,000 funding shortfall that could impact its ability to investigate complaints about government transparency and accountability.
Backlash over NFL player Harrison Butker's commencement speech has reached a new level
The NFL is distancing itself from controversial comments by Kansas City Chiefs kicker Harrison Butker during a recent commencement address.
Craig Berube named as next head coach of Toronto Maple Leafs
The Toronto Maple Leafs have named Craig Berube as their new head coach.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.