What is the test for applying "autrefois convict and autregois acquit" in a discipline hearing?
Ontario, Canada
The following excerpt is from Mowers and Hamilton-wentworth Regional Police Service, 1999 CanLII 31610 (ON CPC):
36. Disciplinary proceedings involving police officers are labor relations matters. They are not criminal trials. Consequently, caution should be exercised in applying criminal law concepts (autrefois convict and autregois acquit) or rulings laid out in what are essentially criminal cases such as Kienapple v. The Queen to discipline hearings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a plea of autrefois convict? (Ontario, Canada)
In what circumstances will the respondent in an extradition hearing be required to summarize the evidence before granting him an evidentiary hearing? (Ontario, Canada)
In an extradition hearing, in what circumstances will the fugitive be bound by common law exclusionary rules as they apply to foreign evidence? (Ontario, Canada)
What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive? (Ontario, Canada)
What is the legal test for submitting a joint penalty at a discipline hearing? (Ontario, Canada)
What is the test to apply on a status hearing? (Ontario, Canada)
What is the appropriate sentence for a convicted fraudster who was convicted of charges including giving a reward to a government official? (Ontario, Canada)
What is the penalty for a licensee who has no discipline history and has completed a response to the Law Society before a summary hearing? (Ontario, Canada)
What are the four guiding principles for penalty at a discipline hearing? (Ontario, Canada)
Is medical treatment that prevents a party from attending a hearing sufficient to cause the adjournment of a hearing? (Ontario, Canada)
