Police commission seeks to appeal decision quashing firing of Jeff Smiley

The New Brunswick Police Commission has filed an application to appeal a ruling in the Court of Queen's Bench that quashed Jeff Smiley's firing from the Fredericton Police Force.

Smiley was ordered fired for misconduct by an arbitrator in December 2015 following a disciplinary hearing.

However, Smiley sought a judicial review of that ruling and in November, Justice Judy Clendening ruled the dismissal was unreasonable and quashed the decision.

Smiley has still not been reactivated with the Fredericton Police Force and is challenging that matter in court. Arguments are scheduled to be heard Thursday.

Clendening'sNovember ruling left the police commission with the options of accepting the ruling, attempting to appeal it to the New Brunswick Court of Appeal, or going back and restarting the disciplinary process that began in February 2014.

On Tuesday, Steve Roberge, the executive director of the police commission, said it had decided to file an application for the province's highest court to hear an appeal of the ruling.

• Jeff Smiley's dismissal from Fredericton Police Force quashed by judge
• Fired police constable takes chief to court seeking reinstatement
• Fired constable Jeff Smiley won't be back in uniform if commission has its way

The commission must now submit an affidavit to the court that sets out its grounds for seeking an appeal.

Roberge said it will likely be at least February 2017 before a hearing on the application will take place.

Smiley's disciplinary proceeding involved a claim of domestic violence and breaches of the police code of conduct.