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The case of an Ottawa police constable’s violent arrest of a motorist has been bouncing from courtroom to courtroom for years and is now one step away from the Supreme Court of Canada — where a decision could set a precedent for officers accused of misconduct.

In a legal saga against one of its own officers, the Ottawa Police Service is asking Canada’s highest court to reverse a Court of Appeal for Ontario decision which raised the standard of proof required to civilly prosecute police officers at disciplinary hearings.

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In its May 10, 2016, decision, the court of appeal ruled the standard of proof in Police Services Act hearings is “clear and convincing evidence” instead of the “balance of probabilities,” which is the easier-met standard used in other civil proceedings, such as those involving teachers or doctors.

The balance of probabilities standard was used to find Ottawa police Const. Kevin Jacobs, an officer of more than 20 years, guilty of using excessive force when he arrested Mark Krupa in 2009 for speeding on the Queensway. Krupa suffered facial lacerations and was kneed in the head by Jacobs.