Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter of Rights and Freedoms – Right to fundamental justice – Right to pursue a livelihood – Right to practice a profession – Protection of reputation – Freedom of association – Mobility rights – Dismissal proceedings – Procedural protections guaranteed when person is to lose the right to practice a profession – Whether the scheme of the Police Services Act, R.S.O. 1990, c. P.15, contravenes s. 7 of the Charter – Whether the Divisional Court erred in ruling that practising a profession is not protected by the Charter – Whether the model of the Police Services Act is based on an unconstitutional model – Whether s. 7 of the Charter guarantees procedural protections in the context of a disciplinary hearing where a person is to lose the right to practice a profession.

Mr. Amormino, who was an Ontario Provincial Police officer at the relevant times, argues that the structure of the Police Services Act, R.S.O. 1990, c. P.15, breaches his constitutional right to a fair hearing before an independent and unbiased tribunal. The Ontario Provincial Police alleged eight counts of workplace misconduct against Mr. Amormino under that Act. The disciplinary proceedings were eventually stayed until Mr. Amormino’s request for judicial review had been heard and decided.

The application for judicial review was dismissed on December 11, 2015. The Court of Appeal dismissed separate applications for leave to appeal from Mr. Amormino and the OPP Association.