Firing of ex-Fredericton police officer Cherie Campbell upheld
The firing of a constable on the Fredericton Police Force after a shoplifting attempt in Maine has been upheld in a ruling from the Court of Queen's Bench.
Cherie Campbell was ordered fired in a Jan. 6, 2016, ruling by arbitrator Cedric Haines following a disciplinary hearing.
Campbell asked for a judicial review of that decision. But in a ruling Tuesday by Justice Paulette Garnett of the Court of Queen's Bench, the arbitrator's ruling was found to be reasonable and the decision upheld.
Shoplifting attempt
The case focused around a shoplifting attempt at Marden's in Houlton, Maine, in December 2014. Campbell's trial in Houlton ended without the jury being able to reach a verdict.
Campbell's disciplinary hearing also heard she "repeatedly told" investigating police officers in Houlton that she was a police officer in Fredericton, Garnett said.
"There is only one motive for doing so and that is to exert influence on what the arresting officer decides to do," states Garnett.
"Most people object to offers of bribes but some have difficulty understanding that exerting other forms of influence is also objectionable.
"Canadians believe that we are all equal before the law and we are offended when a person's position appears to influence the outcome of cases before the courts," states the ruling.
'Discreditable conduct'
"Police officers should understand that using their position as a means of influencing other police officers is a serious breach of their duty."
Garnett says that by attempting to curry favour as a fellow police officer, Campbell was "engaging in 'discreditable conduct,' which was likely to bring the police force into disrepute."
"She wanted the Houlton Police Force to treat her differently because she was a police officer and because a criminal charge could affect her employment."
Garnett said Campbell's arguments indicate she doesn't understand or doesn't accept that telling the Houlton officers she was a police officer was the wrong thing to do.
"Although everyone including the arbitrator characterized the theft as minor, for many ordinary citizens all thefts of reprehensible," says Garnett. "Most people do not steal.
"Because police officers hold positions of trust, they are held to an even higher standard than the general public.
"Once the trust is breached it is difficult, if not impossible, to restore."
The arbitrator found none of the alternative disciplinary measures — such as suspension without pay, reduction in rank, and so on — would "restore the trust which she has breached," and Garnett states that was a reasonable conclusion for him to reach.
Police chief satisfied
Fredericton Police Chief Leanne Fitch issued a statement in reaction to the ruling, saying she was satisfied.
"This case has gone through layers of due process and the judicial review upheld the arbitrator's decision," she said. "I am satisfied with that outcome."