A Calgary police officer, fired from his job, is fighting that decision.
Sergeant Anthony Braile was let go in February of 2016 after engaging in a high speed chase in December 2008 that left an innocent bystander in hospital.
Braile and his lawyer, James Shymka, appeared before the Law Enforcement Review Board on Tuesday.
Shymka argued Braile was on anti-depressants which triggered a hypo manic state and that Braile should never have been on the street the night of the chase.
Calgary police psychological services say Braile suffered from depression and suicidal tendencies.
After he was hospitalized and prepared to return to work, it was recommended the former sergeant remain on administrative duties.
However, he was placed back into a more tactical role upon his return.
The board heard Braile never questioned management when the doctors’ advice wasn’t followed.
Lawyers for the Calgary Police Service are expected to make some brief comments on this matter later Tuesday afternoon.
The trial continues through Wednesday with a decision expected in a few months