The question becomes: what level of error is irredeemable. (The sunk cost fallacy, to my mind, is a bit of a red herring). And after such an obvious error, what will their McNeil disclosure look like? Will that level of forgetfulness about a foundational issue threaten to impugn their testimony going forward? And if that's the case - if they're now a "Crown won't move forward with anything they touch because of their McNeil" - what is the value in keeping them as a peace officer?
I'm not talking about sunk cost so much as opportunity cost of losing someone who otherwise contributes to police work.
A
McNeil covers any and all misconduct. Its mere existence does not mean someone is investigationally useless. A conduct finding for something like unprofessionalism or discourtesy (say, telling your boss, or a bystander on a scene to eff off), or a McNeil for doing something unsafe is one thing, but that won't tend to impugn someone's credibility. Credibility is impugned by misconduct that can be reasonably held to reflect a person's
integrity, and whether they can be relied upon to tell the truth on the stand and to pursue an investigation objectively. So, the difference there would be someone who leaves their gun in the changeroom when running out to take an urgent call, realizes "oh shit!' and immediately and openly acts to remedy the situation, versus the person who does the same thing and spends a few hours telling nobody and scrambling to try to find it to stay out of shit, with a gun in the wind.
100% a major screwup that deserves the resultant criminal charge and disciplinary process. I’m just prepared for the possibility that the
rest of a person’s conduct may, in the balance, make them redeemable.
We can have that debate, and I would probably agree with you.
At the least they should face the same repercussions as if a civilian had left their firearm unattended, unsecured, in public and forgot about it.
Absolutely. A criminal charge and sentence is appropriate. I cannot from a quick check find what this actually gets given as a sentence for such cases; a standalone conviction for unsafe storage of a firearm otherwise lawfully possessed and used is tough to find reported examples of. It is an offence with no minimum sentence and eligible for a discharge at sentencing, so in the right set of circumstances courts are permitted lots of leniency. A weapons prohibition is discretionary by the court, not mandatory. So there’s nothing in criminal sentencing for this offence that
by default is incompatible with still being able to be employed as a police officer.
Speaking for myself, as a plainclothes guy who carries every day (many plainclothes don’t unless specifically gearing up to leave the office), I don’t know how the hell someone could forget their chunk. I’m super aware of it when carrying and when stopping anywhere, and paranoid about putting it back in place the odd time I get caught code brown on shift. I’ve carried in all manner of public places, and it’s not something I’ve ever felt so relaxed about as to become unaware of it.