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Dhinsa ruling faces Supreme Court challenge Women preparing appeal bid as police board eyes options
By Richard Leitner
News
Jul 18, 2008

The legal battle to revive disciplinary charges against a Hamilton police officer accused of harassing a dozen women colleagues may be headed to the Supreme Court of Canada.

Myra James, spokesperson for the women, said preparations are under way to appeal the quashing of 24 Police Services Act charges against Sgt. Kevin Dhinsa on a technicality to the country's top court.

The Hamilton police services board is expected to decide whether to follow suit by the end of this month.

"(The complainants) do not have any unrealistic expectations as far as success," said Ms. James, who is a Hamilton police detective.

"They received the ultimate of disappointments in the past. Nothing surprises them any more," she said. "But they felt it very, very important to pursue every potential avenue of appeal. That was very important to them."

The move comes on the heels of the Ontario Court of Appeal's refusal in May to review a unanimous lower-court ruling last December that rejected Police Chief Brian Mullan's bid for a judicial review of the matter.

A disciplinary tribunal officer tossed out the charges in February of last year after concluding the chief missed a statutory six-month deadline for filing them by eight days.

In both lower-court cases, the women complainants filed separate legal applications from those submitted by the chief.

But the women only found out early last month that the Ontario appeal court had also rejected their application -- weeks after the chief received notice.

"What we're told, through an inquiry, is that there was an administrative glitch with the Ontario court and that's why (there was) the delay," Ms. James said.

Hamilton police board vice-chair Mark Nimigan said his board has discussed also appealing to the Supreme Court and is expected to make a decision at its July 28 meeting.

He said he has personal doubts about the value of duplicating the women's bid, but the board is committed to backing them and seeking justice.

"Two courts of appeal have said no," Mr. Nimigan said. "It might make sense to run the whole course, so that's the area of consideration, that we want to see that justice for all is pursued and that we take it as far as we can.

"On the other hand, duplication seems, well, redundant, obviously."

Sgt. Dhinsa, who earns $88,250 a year, has been off on paid leave since being suspended in December 2005.

The Winona resident did not respond to a message seeking comment for this story, but has previously declined to discuss his case.

"I'm under a gag order not to speak about this matter for now," he said in May.

"Keep in mind that there's always another side to this story and eventually the truth will surface, as it usually does."

Mr. Nimigan said he's not sure what other actions can be taken if the Supreme Court also refuses to hear the appeal.

"You've run the gamut if you go to the Supreme Court of Canada," he said.

Three Ontario Superior Court of Justice judges last December unanimously rejected separate applications for a judicial review by the chief and the 12 women, ruling the Police Services Act doesn't give either legal standing to do so.

That right is limited to a police officer facing charges or a public complainant under the act.

Sgt. Dhinsa is the second cop during Chief Mullan's tenure to beat charges on a deadline technicality.

Charges against Constable Roy Fright -- accused of showing up for weapons training after consuming alcohol -- were also quashed in December 2006 because they were filed seven days too late.

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