Hearing underway for Guelph Police officer Const. Corey McArthur

Suspended Const. Corey McArthur appeals A Guelph police officer is appealing the court’s decision that he must resign or be fired from the force. CTV’s Krista Sharpe explains.

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.