Const. Jeff Smiley's dismissal from Fredericton Police Force quashed by judge

The dismissal of Fredericton Police Force Const. Jeff Smiley for alleged misconduct has been quashed by a Court of Queen's Bench judge.

Smiley was fired nearly a year ago after an arbitrator found him guilty of four counts of breaching the professional conduct standards of police officers, including domestic violence and firearms-related offences.

But Justice Judy Clendening ruled on Friday Smiley's dismissal was unreasonable.

The New Brunswick Police Commission "will be meeting next week with legal counsel to examine our next steps," executive director Steve Roberge said in an email to CBC News.

Chief Leanne Fitch, who had filed the misconduct complaint against Smiley, resulting in the commission's arbitration hearing, could not be reached for comment.

"Unfortunately the chief is out of town until early next week, and I am unable to comment on her behalf," spokeswoman Alycia Bartlett said in an email.

Firing was viewed as precedent setting

The case dates back to February 2014, when Smiley was arrested by fellow officers on an allegation of off-duty domestic assaults against his common-law spouse, Kimberly Burnett.

A criminal assault charge against Smiley was dismissed in October 2014 over a jurisdictional issue, as the assaults in question were alleged to have occurred in Nova Scotia, not New Brunswick.

He was charged with breaching an undertaking to turn his firearms over to authorities, but was found not guilty in December 2014.

The chief then filed a complaint with the New Brunswick Police Commission about Smiley's conduct.

Smiley was accused of:

• Discreditable conduct by committing domestic violence.
• Counselling a fellow officer not to disclose he had firearms in his possession.
• Improper care of firearms.
• Failing to turn in firearms.

A four-day hearing was held last November. Arbitrator Cedric Haines found Smiley guilty in December of all four counts and issued the order that he be dismissed.

The chief had issued a statement at that time, saying the decision sent an important message "that police officers are not above the law and the due process and procedural fairness is critical to maintaining trust and respect in, and for the policing profession."

The head of the provincial police commission had said the case set a new precedent. Although other officers had faced hearings for domestic violence, none of them had ever been ordered dismissed, Roberge had said.

Smiley subsequently filed an application for a judicial review. The case was argued in June, but Clendening had reserved her decision until Friday.