Embattled cop took job as town firefighter

Challans joined Amherstburg’s fire department same day he quit police

On the very day he resigned as an Amherstburg police constable, forcing an end to his prosecution on excessive force charges, Andrew Challans was hired as one of the town’s only full-time firefighters.

Challans, who had been a police officer for 15 years, resigned from the Amherstburg force effective July 1. That’s the same day his tenure as a full-time firefighter began, fire Chief Bruce Montone confirmed Tuesday.

Challans had been scheduled to go before a disciplinary hearing in September on three charges — using unnecessary force, acting “in a manner prejudicial to discipline” and using profane, abusive or insulting language. Challans had been acquitted of the charges in 2014, but his alleged victim, Justin Brodie Timms-Fryer, appealed to the Ontario Civilian Police Commission and won a new hearing.

Challans appealed to Divisional Court which ruled against him, upholding the decision of the OCPC.

“The decision of the OCPC to order a fresh hearing … was a reasonable one,” said Justice Ian Nordheimer, writing on behalf of a three-judge panel of the Divisional Court.

Contacted Tuesday, Challans’ lawyer said his client’s decision to resign from the police force and take on a new job with the town had nothing to do with the upcoming hearing.

“As far as I know, there was no link,” said Andrew Bradie.

Timms-Fryer had won a new hearing on “a technicality,” Bradie said. The OCPC ruled that the hearing officer who acquitted Challans had failed to allow Timms-Fryer from “participating meaningfully in the proceedings.”

Timms-Fryer did not have a lawyer representing him and, among other failings, the hearing officer did not explain the proceedings, ask Timms-Fryer if he wished to call witnesses or make submissions at the conclusion of the evidence.

Bradie said the decision to order a new hearing had nothing to do with the facts of the case. “I had every confidence that the outcome would have been the same.”

Challans had charged TimmsFryer with resisting arrest and assaulting a police officer. TimmsFryer went to trial and was acquitted. He then filed a complaint against Challans with the Office of the Independent Police Review Director which conducted an investigation and brought the officer up on charges under the Police Services Act.

Throughout, Challans was never suspended and was still working as a police officer until he joined the fire department, Bradie said.

Amherstburg’s fire chief said Tuesday that Challans is one of four full-time firefighters. The only other full-time employees are the chief, a deputy chief, an assistant deputy who handles fire prevention and an administrative staff person. The town also has 60 volunteer firefighters.