Rob Furlong fails to win job back after urinating on colleague

A former army sniper fired from the Edmonton Police Service for misconduct that included urinating on another officer has lost a chance to save his job.

Court dismisses appeal of Edmonton police officer and former army sniper

A former army sniper fired from the Edmonton Police Service for misconduct that included urinating on another officer has lost a chance to save his job.

The Alberta Court of Appeal has ruled that a review board's decision to uphold Rob Furlong's firing for misconduct was acceptable.

The Law Enforcement Review Board ruled last summer that it was reasonable for police to fire Furlong for misconduct during a training event after a night of heavy drinking.

Furlong had argued before the Appeal Court that the review board had applied an unfairly high standard of review.

He also questioned whether his firing was consistent with punishments in other serious police misconduct cases.

The Appeal Court ruled the board made no reviewable errors in its decision.

"Upon a review of the decision of the presiding officer, it is clear that he considered and weighed all of the relevant factors," the Appeal Court wrote in its judgment released Thursday.

"He came to a decision that fell within the range of acceptable outcomes and was defensible in respect of the facts and the law.

"The fact that the appellant disagrees with the weight that the presiding officer gave to these factors does not make his decision on sanction unreasonable." 

The Appeal Court had agreed to hear Furlong's challenge of the review board's decision, because it was a reversal of an earlier board ruling that the firing was too harsh.

The court said last fall that the two different rulings raised questions about how the review board could reach different conclusions based on the same facts.

Furlong had seven years of unblemished police service before the misconduct in September 2011. He has been suspended without pay while his case has been ongoing.