A failed appeal has left a Windsor policeman docked 80 hours of pay for a $50 donation to the Freedom Convoy, the Windsor Star reports.The Ontario Civilian Police Commission (OCPC) has dismissed Const. Michael Brisco’s appeal of his disciplinary conviction and “harsh” penalty levied by his employer for the donation made in 2022. He was found guilty of discreditable conduct following a four-day hearing last March.The OCPC, an independent, quasi-judicial agency whose function includes hearing appeals of disciplinary decisions, agreed the penalty of 80 hours pay was “significant” but not unreasonable.At his initial hearing November 21, Brisco alleged there was no “clear and compelling evidence” of discreditable conduct; the investigation of the donation was an abuse of process; and the penalty was “unreasonable and unduly harsh.”Brisco was on unpaid leave at the time of the donation, having refused to take the COVID-19 vaccine. He argued at the earlier hearing that his donation was intended for the Ottawa protesters and made privately on a crowd-source funding website that Ontario Provincial Police investigators later used to identify police donors.At the time, Brisco’s colleagues were dealing with a blockade of the Ambassador Bridge by others demonstrating against government COVID-19 restrictions. Aided by a court injunction and police officers from elsewhere, those protesters were removed.The OCPC panel pointed out that Brisco himself told the earlier Windsor hearing that he was aware public officials had described the Freedom Convoy demonstration in Ottawa as illegal at the time of his donation.The three commission members dealing with the appeal wrote that, “while the penalty can be characterized as significant . . . it is far less serious than demotion or termination.”The panel cited the hearing officer’s reference to “the harm caused to the reputation of the (Windsor Police Service). This factor is particularly linked to the important objective of maintaining confidence in policing.”As such, the Commission did not view the penalty as “a disproportionate limit” on Brisco’s Charter right.At the time of his appeal hearing a superior described Brisco, a long-time Windsor police officer, as “valued and productive” and dedicated member of the department.The commission said it supports the factual and credibility findings of last year’s hearing officer, retired OPP superintendent Morris Elbers. The OPP’s investigation that identified Brisco and others was based on a list of donors illegally obtained by a third party. However, the commission said it would not consider whether this was an abuse of process, as no “abuse of application” claim had been filed at the hearing stage.“New arguments should not be heard on appeal,” the commission said.As of July 2022, Windsor constables were paid $64,263 to $115,727 per year, depending on their rank. This suggests Brisco was fined $2,472 to $4,451 for his $50 donation. This would be to 49 to 89 times his donation amount.Brisco was defended with help from the Justice Centre for Constitutional Freedoms.
