Second penalty hearing for Guelph Police officer passes the one year mark

A second penalty hearing for a Guelph Police officer, caught on camera assaulting a teen handcuffed to a hospital bed, has dragged on for a year.

Const. Corey McArthur previously pleaded guilty to discreditable conduct for the 2016 incident.

The Guelph Police Service said he cannot continue with the force and is seeking his dismissal.

McArthur’s lawyer has argued his client was suffering from undiagnosed post-traumatic stress disorder (PTSD) at the time of the incident. The condition stemmed from the 2013 death of his colleague. Const. Jennifer Kovach was killed when her car crashed into a Guelph bus while on her way to McArthur’s call for assistance. Icy roads were blamed for the collision.

McArthur’s lawyers said he sought out counselling and could resume his previous employment.

• TIMELINE: Corey McArthur’s troubled past with the Guelph Police Service

This is McArthur’s second penalty hearing. In October 2022, the officer in charge of the first hearing gave McArthur seven days to either quit or be fired by the Guelph Police Service.

“He denied his oath of office and neither this police service, nor the community it serves, can or will tolerate a law enforcement officer acting in such a prescribed manner,” Terrence Kelly wrote in his decision.

McArthur then successfully appealed the ruling. The Ontario Civilian Police Commission (OCPC) determined that, among other things, Kelly had not given enough consideration to the role played by McArthur’s PTSD. A new hearing was ordered.

The second penalty hearing began on July 24, 2024, but only a few days of evidence have been called since then. No further hearing dates are scheduled.

A spokesperson for the Guelph Police Service told CTV News that organizing times was difficult due to those involved having other commitments.

An expert in police prosecutions said it is not unusual for these matters to take some time.

“These are labour relations proceedings, they’re not criminal proceedings,” explained Ian Johnstone, a lawyer who is not involved in McArthur’s case, adding that the complexities and mountains of evidence that need to be considered are also challenges.

“Justice sometimes moves slowly,” Johnstone told CTV News Thursday. “It’s not a quick and expeditious process at times because you’re dealing with complex issues and you’re dealing with the officer’s health and wellbeing, his mental state at the time and now.”

Johnstone said a number of issues will be considered during the process, including whether it is in the public’s interest to proceed with the prosecution, the seriousness of the misconduct, the employment history and ability to rehabilitate the officer.

He also noted the passage of time introduces other factors into these types of cases.

“Sometimes… if the case has been dragged out long enough so the officer’s pension has vested, then the officer will still receive their pension… even if they’re terminated.”

McArthur remains on the Guelph Police Service payroll and the Ontario Sunshine List. In 2024, he made $115,488.88.

Guelph Police and McArthur’s lawyer Joseph Markson both declined to comment citing the ongoing hearing.