Article content
An informal resolution was reached in a professional misconduct case against a Stratford police officer at the centre of a $3-million lawsuit, the city’s police chief says.
Kyle Nicholson, 36, launched a $3-million lawsuit against the Stratford police board and five officers over his Feb. 1, 2023, arrest that led to Ontario’s police watchdog charging one of the officers with assault causing bodily harm.
Article content
Nicholson was at a bus station when police approached him and placed him under arrest, pulling his hands behind his back to handcuff him, according to a statement of claim filed last month.
Const. Cody Millian struck Nicholson multiple times in the hamstring before sweeping his legs out, causing his face to hit the ground and knocking out a tooth in the process, the lawsuit alleges.
Police ticketed Nicholson for being drunk in public. No criminal charges were laid.
The Special Investigations Unit (SIU) was notified of the incident the next day and charged Millian with assault causing bodily harm six months later. The charge against Millian was withdrawn July 15, 2024, court records show.
Stratford police Chief Greg Skinner said Millian was charged under the Police Services Act, the law governing policing in Ontario under which departments hold disciplinary hearings.
Charges under the act that was replaced last year with the Community Safety and Protective Services Act aren’t laid until criminal proceedings are completed.
The professional misconduct charges against Millian were dealt with informally, so no further information can be provided, Skinner said.
Article content
Recommended from Editorial
Skinner declined to say whether Millian was suspended or assigned to administrative duties after he was charged, but provided a statement outlining how the decision is made.
“It is the practice of the police service to only suspend sworn officers when the allegations meet the threshold to warrant termination if convicted,” Skinner said.
“In order to do that (police) boards and chiefs look at how egregious the allegations against the officer are, the strength and quality of the Crown’s case, and whether the actions demonstrate a wanton disregard for community safety, impact negatively on public trust and jeopardize the reputation of the police service and the profession.”
In cases where an officer is suspended, their termination would also be sought through a professional misconduct hearing, Skinner said.
“Once all of the court processes are concluded and dispositions are satisfied then officers are redeployed and assigned as required,” he said.
Stratford police haven’t filed a statement of defence yet to Nicholson’s lawsuit. Statements of claim and defence include allegations not yet tested in court.
Share this article in your social network
