Pubdate: Fri, 26 Dec 2008
Source: Windsor Star (CN ON)
Copyright: 2008 The Windsor Star
Contact: http://www.canada.com/windsorstar/letters.html
Website: http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Neco Cockburn, Canwest News Service
Bookmark: http://www.mapinc.org/find?216 (CN Police)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

ADDICTED COP FIGHTS DISMISSAL

An Ottawa police officer who stole crack cocaine is fighting to get his
job back -- and his lawyer says the case raises an important issue around
the responsibility of police to accommodate officers who suffer from the
"disability of drug addiction."

Lawyer Kenneth Jull, who is representing former constable Kevin Hall, has
formally filed notice of motion for leave to appeal a recent court ruling
that struck down the officer's attempt to be reinstated.

The notice says that Hall's case calls for "important judicial
interpretation" regarding the duty of a police force to accommodate
officers who suffer from the "disability of drug addiction."

Hall, 45, has been suspended with pay since December 2005.

He was ordered dismissed in December 2006 following a police disciplinary
hearing. He admitted to taking crack cocaine from motorists he stopped as
well as from the evidence locker.

FILED APPEAL

After his dismissal was ordered, Hall filed an appeal with the Ontario
Civilian Commission on Police Services, which upheld the original ruling a
year ago.

The officer then filed an appeal with the divisional court, which handles
appeals of decisions made by administrative hearings and tribunals.

The divisional court ruled on Dec. 10 that the tribunal's decision was
reasonable.

During an interview this week, Jull said people may have had a different
opinion toward the officer if he had been addicted to alcohol.

"If you're dealing with something like cocaine or marijuana or anything
that's illegal, you've got to be careful, I say, to not let the punishment
paradigm transcend the rehabilitative paradigm of getting the guy back,"
he said.
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