Source:CBC.CA
Ontario's top police officer must face allegations he illegally influenced municipal officials, a judge ruled Thursday as he ordered either a summons or warrant be issued for Ontario Provincial Police Commissioner Julian Fantino.
The allegations against Fantino were brought by Gary McHale, who has led a number of rallies decrying what he calls two-tier justice in the policing of an aboriginal land occupation in Caledonia, Ont.
McHale alleges that Fantino influenced municipal officials in the town when the commissioner sent an email telling the mayor and councillors not to attend McHale's rallies.
Influencing or attempting to influence a municipal official in municipal activities is an offence under the Criminal Code and carries up to a five-year prison term if convicted.
A justice of the peace who heard McHale's complaint refused to issue a summons or warrant against the commissioner.
However, Superior Court Justice David Crane, who reviewed the case, ordered the justice of the peace to issue such an order in a ruling released Thursday.
"The learned justice of the peace declined to issue process," Crane wrote in his ruling. "It is his duty to do so."
'Not a finding of guilt'
Lawyer Andrew Bell, who represented the Attorney General of Ontario in the case, said it's more likely that a summons will be issued for Fantino than an arrest warrant.
"It's not a finding of guilt, it doesn't have that weight," Bell said of Thursday's decision.
"There's a charge before the court that will have to be dealt with."
Requests for comment from Fantino or the provincial police were not immediately returned.
McHale, who represented himself in court, called Thursday's decision a "huge victory."
"We have set the standard for private citizens' rights to lay criminal charges against government officials," he said in a telephone interview.
In his decision, Justice Crane wrote that the Fantino email says Haldimand County Mayor Marie Trainer and certain councillors "were not to support the public attendances of Gary McHale in Caledonia, nor to make statements of support of Mr. McHale to the residents of Caledonia.
"The issue before the justice... was whether Julian Fantino made a threat to influence or in an attempt to influence Mayor Trainer and/or the council of Haldimand County to perform or fail to perform an official act," Crane wrote.
"I observe on the record in this application there is evidence of influenced behaviour by the mayor and county council in response to the Julian Fantino letter."
Repeated exchanges
The case is not the first time Fantino and McHale have squared off in court.
McHale faces charges of counselling mischief not committed and Fantino testified during a preliminary hearing this year that he told subordinates he would have gladly arrested McHale himself for inciting civil unrest in Caledonia.
McHale is representing himself in that case as well and questioned Fantino on the witness stand.
During one exchange, Fantino told McHale that his repeated visits to Caledonia, already tense over the lengthy aboriginal occupation, dangerously inflamed the situation.
The commissioner called McHale a "lightning rod to the conflict" during his testimony and added police saved McHale from "grievous bodily harm numerous times."
critter cartoon
Thursday, December 31, 2009
Wednesday, December 30, 2009
Caledonia couple settles lawsuit against police, government
Christie Blatchford
Globe and Mail Update
Published on Wednesday, Dec. 30, 2009 5:20PM EST
Last updated on Wednesday, Dec. 30, 2009 5:38PM EST
.The Ontario government suddenly has settled out-of-court with the Caledonia, Ont., couple who were suing Queen's Park and the OPP for abandoning them to a lawless native occupation that began almost four years ago.
The surprise move came as the couple's trial was slated to resume next Monday in a Hamilton courthouse before Ontario Superior Court Judge Thomas Bielby.
Among the remaining scheduled witnesses were a number of OPP officers, at least one of whom, The Globe and Mail has learned, was prepared to testify about the front line's profound frustration with marching orders that saw “the law twisted” during the occupation.
Though it was never crystal clear at trial whether those orders originated with the Dalton McGuinty cabinet or the OPP brass, government lawyers acknowledged early on that normal policing, where officers conduct investigations and make arrests in a timely manner, didn't happen during the occupation.
Rather, as government lawyer David Feliciant said in his opening statement, both Queen's Park and the OPP were concerned that “provocative action” by the police could escalate the crisis, and relied instead on special guidelines for “aboriginal critical incidents.”
If the theory sounds ringing, as Judge Bielby heard, in practice the policy led to bald-faced two-tiered policing – strict, arguably over-enforcement of the law for non-natives, virtually none for natives – which infuriated Caledonia residents and emboldened the most lawless of the protesters.
Globe and Mail
Globe and Mail Update
Published on Wednesday, Dec. 30, 2009 5:20PM EST
Last updated on Wednesday, Dec. 30, 2009 5:38PM EST
.The Ontario government suddenly has settled out-of-court with the Caledonia, Ont., couple who were suing Queen's Park and the OPP for abandoning them to a lawless native occupation that began almost four years ago.
The surprise move came as the couple's trial was slated to resume next Monday in a Hamilton courthouse before Ontario Superior Court Judge Thomas Bielby.
Among the remaining scheduled witnesses were a number of OPP officers, at least one of whom, The Globe and Mail has learned, was prepared to testify about the front line's profound frustration with marching orders that saw “the law twisted” during the occupation.
Though it was never crystal clear at trial whether those orders originated with the Dalton McGuinty cabinet or the OPP brass, government lawyers acknowledged early on that normal policing, where officers conduct investigations and make arrests in a timely manner, didn't happen during the occupation.
Rather, as government lawyer David Feliciant said in his opening statement, both Queen's Park and the OPP were concerned that “provocative action” by the police could escalate the crisis, and relied instead on special guidelines for “aboriginal critical incidents.”
If the theory sounds ringing, as Judge Bielby heard, in practice the policy led to bald-faced two-tiered policing – strict, arguably over-enforcement of the law for non-natives, virtually none for natives – which infuriated Caledonia residents and emboldened the most lawless of the protesters.
Globe and Mail
Monday, December 28, 2009
Officer behind wheel, police say
SUV smashes through hydro box, then fences, before ending up in yard
December 28, 2009
Barbara Brown
The Hamilton Spectator
(Dec 28, 2009)
An off-duty Hamilton police officer is under investigation after a car crashed through a tall wood fence of a Mount Hope townhouse complex early yesterday.
The driver reportedly fled the scene.
Hamilton Police Superintendent Debbie Clark confirmed an off-duty officer driving a Volvo SUV was involved in a single-vehicle collision on Thames Way at 4 a.m., near Upper James and White Church roads.
Clark said nobody was injured and no charges have been laid as yet, although the accident remains under "active investigation."
The collision occurred in a residential subdivision west of the Mount Hope intersection. The vehicle also struck a hydro transformer and Hydro One was called to inspect the damage, said Clark.
Homeowner Cathy Robertson, 60, in whose back yard the sport utility vehicle came to rest, was awakened by a loud rumbling crash early yesterday morning. She got out of bed and went to peer out the sliding-glass doors into her back yard. She saw a grey SUV had smashed through a three-metre tall, wooden fence -- coming within two metres of her home -- before it struck a second fence.
Robertson said the Volvo's windshield was cracked and its headlights were out. A woman, dressed in civilian clothes, was walking away from the car when Robertson called to her.
"I called out to her because she was leaving and I asked her if she was all right. She said, 'Yes.' And I said, 'Is there anyone else in the vehicle?' And she said, 'No.' And then she disappeared into the dark."
The homeowner, who is a relative of former Hamilton police chief Ken Robertson, called 911.
Hamilton police marked off the accident scene with caution tape yesterday morning and blocked vehicle traffic to the street.
Robertson said it appeared in the light of day that the driver had first struck a hydro transformer located at the corner of Provident Way and Homestead Drive and then failed to negotiate the curve in the road.
The road conditions early yesterday morning were icy, she said.
bbrown@thespec.com
905-526-3494
The Spec
December 28, 2009
Barbara Brown
The Hamilton Spectator
(Dec 28, 2009)
An off-duty Hamilton police officer is under investigation after a car crashed through a tall wood fence of a Mount Hope townhouse complex early yesterday.
The driver reportedly fled the scene.
Hamilton Police Superintendent Debbie Clark confirmed an off-duty officer driving a Volvo SUV was involved in a single-vehicle collision on Thames Way at 4 a.m., near Upper James and White Church roads.
Clark said nobody was injured and no charges have been laid as yet, although the accident remains under "active investigation."
The collision occurred in a residential subdivision west of the Mount Hope intersection. The vehicle also struck a hydro transformer and Hydro One was called to inspect the damage, said Clark.
Homeowner Cathy Robertson, 60, in whose back yard the sport utility vehicle came to rest, was awakened by a loud rumbling crash early yesterday morning. She got out of bed and went to peer out the sliding-glass doors into her back yard. She saw a grey SUV had smashed through a three-metre tall, wooden fence -- coming within two metres of her home -- before it struck a second fence.
Robertson said the Volvo's windshield was cracked and its headlights were out. A woman, dressed in civilian clothes, was walking away from the car when Robertson called to her.
"I called out to her because she was leaving and I asked her if she was all right. She said, 'Yes.' And I said, 'Is there anyone else in the vehicle?' And she said, 'No.' And then she disappeared into the dark."
The homeowner, who is a relative of former Hamilton police chief Ken Robertson, called 911.
Hamilton police marked off the accident scene with caution tape yesterday morning and blocked vehicle traffic to the street.
Robertson said it appeared in the light of day that the driver had first struck a hydro transformer located at the corner of Provident Way and Homestead Drive and then failed to negotiate the curve in the road.
The road conditions early yesterday morning were icy, she said.
bbrown@thespec.com
905-526-3494
The Spec
Friday, December 25, 2009
Niagara police officer charged with criminal harassment
December 25, 2009
Hamilton Spectator
ST. CATHARINES - Niagara police have charged one of their own with criminal harassment.
The officer is accused of harassing a member of the police force.
The officer was arrested yesterday and his arrest was announced last night.
Charged is Constable Timothy Packer.
He was being held overnight for a bail hearing.
Niagara police said no further details would be released at this time.
Hamilton Spectator
ST. CATHARINES - Niagara police have charged one of their own with criminal harassment.
The officer is accused of harassing a member of the police force.
The officer was arrested yesterday and his arrest was announced last night.
Charged is Constable Timothy Packer.
He was being held overnight for a bail hearing.
Niagara police said no further details would be released at this time.
Wednesday, December 23, 2009
Ottawa police officer appears in Cornwall court for assault charges
mpeeling@standard-freeholder.com
CORNWALL - A 34-year-old Ottawa Police officer had his first court date Tuesday to face charges of assaulting two children from a small North Stormont town.
The Stormont, Dundas and Glengarry OPP's Crime Unit arrested the officer on Nov. 14.
He was charged him with two counts of assault with a weapon and two counts of assault causing bodily harm following alleged incidents between February and October.
The Ottawa Police and the OPP are not releasing the officer's name or the names of the victims "to protect the victims' privacy and prevent further victimization."
OPP Sgt. Kristine Rae said said the children are known to the officer.
The officer has been suspended from active duty with pay.
The Ottawa Police Service's Professional Standards Section is investigating the officer's conduct.
He is due to appear in court again in late January.
Standard-Freeholder
CORNWALL - A 34-year-old Ottawa Police officer had his first court date Tuesday to face charges of assaulting two children from a small North Stormont town.
The Stormont, Dundas and Glengarry OPP's Crime Unit arrested the officer on Nov. 14.
He was charged him with two counts of assault with a weapon and two counts of assault causing bodily harm following alleged incidents between February and October.
The Ottawa Police and the OPP are not releasing the officer's name or the names of the victims "to protect the victims' privacy and prevent further victimization."
OPP Sgt. Kristine Rae said said the children are known to the officer.
The officer has been suspended from active duty with pay.
The Ottawa Police Service's Professional Standards Section is investigating the officer's conduct.
He is due to appear in court again in late January.
Standard-Freeholder
Toronto cop up on sex charges
Seven months after he was recognized as a cop of the month, a Toronto Police officer is now charged with sexually assaulting a man during a traffic stop.
The Special Investigations Unit was called in Sept. 8 after a complaint "of a sexual nature" was made against a Toronto Police officer, a press release issued by the province's police watchdog said yesterday.
The SIU was told that on Sept. 2, a 21-year-old man was stopped at Lawrence Ave. W. and Duckworth St., just east of Jane St., over alleged driving infractions.
"There was an interaction, and as a result, the man sustained injuries," the SIU said.
Const. Salameh Marji, who has been with the force for three years, was summoned yesterday is to appear in court Jan. 18 on charges of sexual assault and assault after SIU director Ian Scott found there were "reasonable grounds" to believe he committed the crimes.
Though Marji is stationed in downtown's 52 Division, he was assigned to the area of the incident as part of the Toronto Anti-Violence Intervention Strategy, a program aimed at building relationships between police and troubled communities, police spokesman Mark Pugash said.
In May, Marji, who also goes by "Sam," was among 20 officers honoured by the Toronto Junior Board of Trade in 2008. Marji and Const. David Rubbini stopped a man going the wrong way on York St. on Jan. 11, 2008. When the man tried to drive away, Rubbini ordered him out of the car. The man grabbed Rubbini's pistol and fired a shot through the bottom of his holster.
TAMARA.CHERRY@SUNMEDIA.CA
CNEWS
The Special Investigations Unit was called in Sept. 8 after a complaint "of a sexual nature" was made against a Toronto Police officer, a press release issued by the province's police watchdog said yesterday.
The SIU was told that on Sept. 2, a 21-year-old man was stopped at Lawrence Ave. W. and Duckworth St., just east of Jane St., over alleged driving infractions.
"There was an interaction, and as a result, the man sustained injuries," the SIU said.
Const. Salameh Marji, who has been with the force for three years, was summoned yesterday is to appear in court Jan. 18 on charges of sexual assault and assault after SIU director Ian Scott found there were "reasonable grounds" to believe he committed the crimes.
Though Marji is stationed in downtown's 52 Division, he was assigned to the area of the incident as part of the Toronto Anti-Violence Intervention Strategy, a program aimed at building relationships between police and troubled communities, police spokesman Mark Pugash said.
In May, Marji, who also goes by "Sam," was among 20 officers honoured by the Toronto Junior Board of Trade in 2008. Marji and Const. David Rubbini stopped a man going the wrong way on York St. on Jan. 11, 2008. When the man tried to drive away, Rubbini ordered him out of the car. The man grabbed Rubbini's pistol and fired a shot through the bottom of his holster.
TAMARA.CHERRY@SUNMEDIA.CA
CNEWS
Monday, December 21, 2009
OPP officer charged with impaired driving
The Record.com
December 20, 2009
Record staff
WATERLOO REGION – An Ontario Provincial Police officer who lives in Petersburg has been charged with impaired driving.
Feisal Minuas, 43, is an Elgin County OPP officer with 18 years service. He was off duty when the alleged incident occurred Saturday.
At about 7:30 p.m., OPP were advised by motorists of an eastbound vehicle travelling erratically on Highway 401, west of Woodstock.
Officers stopped the vehicle near the Sweaburg Road exit.
Minuas faces one charge of impairing driving. He is scheduled to appear in Woodstock court Jan. 19.
December 20, 2009
Record staff
WATERLOO REGION – An Ontario Provincial Police officer who lives in Petersburg has been charged with impaired driving.
Feisal Minuas, 43, is an Elgin County OPP officer with 18 years service. He was off duty when the alleged incident occurred Saturday.
At about 7:30 p.m., OPP were advised by motorists of an eastbound vehicle travelling erratically on Highway 401, west of Woodstock.
Officers stopped the vehicle near the Sweaburg Road exit.
Minuas faces one charge of impairing driving. He is scheduled to appear in Woodstock court Jan. 19.
Friday, December 18, 2009
Hamilton cop charged in domestic assault
December 18, 2009
John Burman
Haldimand OPP have charged a five-year-veteran Hamilton police officer with assault following an off-duty domestic incident.
The officer, who lives in Haldimand, was arrested Tuesday. His name will not be released to avoid identifying the complainant.
The officer has been re-assigned from operational duties to administrative tasks.
Hamilton police spokesperson Catherine Martin said the OPP were called in to investigate because the alleged assault occurred in this jurisdiction.
The officer is charged with three counts of assault.
He will appear in court in Cayuga Jan. 13.
This incident is the second time in 48 hours an area police officer has been charged with assault following a domestic argument.
An off-duty Halton police officer was charged Wednesday after the Halton police investigation involving the accused and his former common-law wife of two years.
The officer has been arrested and charged with assault, uttering death threat and criminal harassment.
He was a uniform patrol officer assigned to Milton.
He has been suspended from duty with pay.
The Spec
John Burman
Haldimand OPP have charged a five-year-veteran Hamilton police officer with assault following an off-duty domestic incident.
The officer, who lives in Haldimand, was arrested Tuesday. His name will not be released to avoid identifying the complainant.
The officer has been re-assigned from operational duties to administrative tasks.
Hamilton police spokesperson Catherine Martin said the OPP were called in to investigate because the alleged assault occurred in this jurisdiction.
The officer is charged with three counts of assault.
He will appear in court in Cayuga Jan. 13.
This incident is the second time in 48 hours an area police officer has been charged with assault following a domestic argument.
An off-duty Halton police officer was charged Wednesday after the Halton police investigation involving the accused and his former common-law wife of two years.
The officer has been arrested and charged with assault, uttering death threat and criminal harassment.
He was a uniform patrol officer assigned to Milton.
He has been suspended from duty with pay.
The Spec
Ontarians will suffer without extra hospital funds: critics
Ontario residents should expect to pay for more health-care services and endure longer lineups if the Liberal government follows through on its threat to freeze funding for hospitals next year, critics said Thursday.
Health Minister Deb Matthews has reportedly warned hospitals that she may freeze their budgets starting in the spring because the province is grappling with a $24.7-billion deficit — the largest in its history.
The most hospitals can hope for is an increase below last year's 2.1 per cent, which critics say is so meagre it has already forced hospitals to close beds and cut services.
The Liberals are now pleading poverty after foisting a health tax of up to $900 per person on Ontario taxpayers, said Progressive Conservative health critic Christine Elliott.
"The reality will be that a lot of hospitals are going to have to start cutting services to the public, and that's directly in contrast to what the minister originally said," Elliott said in an interview.
"I think taxpayers have every right to be outraged about this."
$154M shortfall
More than a third of Ontario hospitals — 61 in total — couldn't balance their books last year, amounting to a $154-million shortfall.
That number will only grow if the government starves hospitals of a much-needed cash infusion, critics say.
Patients will be forced to travel further for health care, wait longer for a hospital bed and may even have to fork over cash for services, said Natalie Mehra, executive director of the Ontario Health Coalition.
"It means that we'll likely see attempts to close more of the small and rural hospitals," she said.
"It means that more services like physiotherapy will be cut and people will have to pay out of pocket for them ... It means longer lineups in the ERs because there's not enough hospital beds."
Premier Dalton McGuinty vowed in October to help cash-strapped hospitals through tough economic times, but there are signs that a freeze on hospital funding is imminent.
'Plan for zero per cent next year'
A spokesman for Lakeridge Health Network, which runs three hospitals and three specialty sites in east-central Ontario, refused to comment Thursday on how a funding freeze would affect its finances.
But in an earlier interview, CEO Kevin Empey suggested that any hospital hoping for a bigger increase in the next provincial budget is "dreaming."
"The signals from the government are: plan for zero per cent next year," he said.
Some hospitals are already on financial life support and are borrowing heavily to meet payroll and other essential costs, Mehra said.
Ontario's 159 public hospitals receive about 85 per cent of their funding from the province through 14 Local Health Integration Networks, which were set up by the Liberals three years ago to make local health-care decisions and dispense funding.
Hospitals are forbidden from running deficits by law, but many receive waivers from the LHINs because they've agreed to balance their books.
CBC.CA
Health Minister Deb Matthews has reportedly warned hospitals that she may freeze their budgets starting in the spring because the province is grappling with a $24.7-billion deficit — the largest in its history.
The most hospitals can hope for is an increase below last year's 2.1 per cent, which critics say is so meagre it has already forced hospitals to close beds and cut services.
The Liberals are now pleading poverty after foisting a health tax of up to $900 per person on Ontario taxpayers, said Progressive Conservative health critic Christine Elliott.
"The reality will be that a lot of hospitals are going to have to start cutting services to the public, and that's directly in contrast to what the minister originally said," Elliott said in an interview.
"I think taxpayers have every right to be outraged about this."
$154M shortfall
More than a third of Ontario hospitals — 61 in total — couldn't balance their books last year, amounting to a $154-million shortfall.
That number will only grow if the government starves hospitals of a much-needed cash infusion, critics say.
Patients will be forced to travel further for health care, wait longer for a hospital bed and may even have to fork over cash for services, said Natalie Mehra, executive director of the Ontario Health Coalition.
"It means that we'll likely see attempts to close more of the small and rural hospitals," she said.
"It means that more services like physiotherapy will be cut and people will have to pay out of pocket for them ... It means longer lineups in the ERs because there's not enough hospital beds."
Premier Dalton McGuinty vowed in October to help cash-strapped hospitals through tough economic times, but there are signs that a freeze on hospital funding is imminent.
'Plan for zero per cent next year'
A spokesman for Lakeridge Health Network, which runs three hospitals and three specialty sites in east-central Ontario, refused to comment Thursday on how a funding freeze would affect its finances.
But in an earlier interview, CEO Kevin Empey suggested that any hospital hoping for a bigger increase in the next provincial budget is "dreaming."
"The signals from the government are: plan for zero per cent next year," he said.
Some hospitals are already on financial life support and are borrowing heavily to meet payroll and other essential costs, Mehra said.
Ontario's 159 public hospitals receive about 85 per cent of their funding from the province through 14 Local Health Integration Networks, which were set up by the Liberals three years ago to make local health-care decisions and dispense funding.
Hospitals are forbidden from running deficits by law, but many receive waivers from the LHINs because they've agreed to balance their books.
CBC.CA
Thursday, December 17, 2009
Complainant praises OPP officers after case dropped!
Two Ontario Provincial Police officers should have been commended, not investigated, says the woman whose domestic violence complaint eventually led to disciplinary charges against the officers.
On Wednesday, the OPP withdrew the charges of neglect of duty and deceit against Supt. Ken MacDonald and Insp. Alison Jevons, concluding a drawn-out internal disciplinary process.
MacDonald used to head the OPP unit that investigates internal corruption and Jevons was a senior investigator in the unit.
Both were investigating a complaint from Susan Cole, who said her estranged husband, Robert Alaire, a provincial police sergeant, had beaten her car with a baseball bat outside their Gananoque, Ont., home in April 2004.
Cole alleged the OPP officers responding to her complaint did not arrest her spouse but instead asked her to leave the house.
MacDonald and Jevons investigated Cole's complaint and concluded the responding officers had not followed proper procedure.
Very helpful, very honest and forthcoming, " Cole told CBC News on Wednesday, speaking about the two officers.
"They were one of the very few people I met that would actually listen to what the facts were and what was going on."
Union complained
After MacDonald and Jevons determined Cole's complaint was handled poorly, the police union filed a complaint against them, alleging they failed to follow proper procedure.
OPP Commissioner Julian Fantino then ordered an investigation into the matter. That probe agreed with the union, and Fantino moved in 2006 to charge the two officers with neglect of duty and deceit for their handling of the investigation.
"I think they got charged when in fact they should have gotten a commendation," Cole said Wednesday. "I don't want to use colloquialisms, but it was the big blue wall [that] closed in around my husband and the other officers involved."
Cole said she's pleased MacDonald and Jevons may now be able to finish what they started.
"I'm very excited that they may be able to pursue the domestic violence policy that they discussed," she said. "Under the current system, the spouse of an officer is basically unprotected."
Witch hunt alleged
MacDonald and Jevons fought claimed they were victims of a witch hunt orchestrated by Fantino and the head of the OPP union, the Ontario Provincial Police Association.
Fantino was to appear in court Wednesday for a defence cross-examination.
But the charges against the two officers were abruptly dropped in the morning, with prosecutor Brian Gover saying only that "this matter has been resolved to the satisfaction of the prosecution and the subject officers outside the discipline process."
Retired justice Leonard Montgomery, who had been hearing the disciplinary case, welcomed the decision.
"In my view … this settlement is in the interests of the officers and the interests of the administration of justice."
Accused of bias
Last fall, Fantino tried to get Montgomery removed from the proceedings, claiming he was biased. The allegation came when Montgomery expressed concerns after Fantino changed his evidence.
In November, Ontario's Appeal Court ruled Montgomery was not biased against Fantino.
Montgomery in turn complained Gover was trying to intimidate him and decried any government involvement in the quasi-judicial process.
The whole process has so far cost more than $500,000 in public money.
With files from The Canadian Press
CBC.CA
On Wednesday, the OPP withdrew the charges of neglect of duty and deceit against Supt. Ken MacDonald and Insp. Alison Jevons, concluding a drawn-out internal disciplinary process.
MacDonald used to head the OPP unit that investigates internal corruption and Jevons was a senior investigator in the unit.
Both were investigating a complaint from Susan Cole, who said her estranged husband, Robert Alaire, a provincial police sergeant, had beaten her car with a baseball bat outside their Gananoque, Ont., home in April 2004.
Cole alleged the OPP officers responding to her complaint did not arrest her spouse but instead asked her to leave the house.
MacDonald and Jevons investigated Cole's complaint and concluded the responding officers had not followed proper procedure.
Very helpful, very honest and forthcoming, " Cole told CBC News on Wednesday, speaking about the two officers.
"They were one of the very few people I met that would actually listen to what the facts were and what was going on."
Union complained
After MacDonald and Jevons determined Cole's complaint was handled poorly, the police union filed a complaint against them, alleging they failed to follow proper procedure.
OPP Commissioner Julian Fantino then ordered an investigation into the matter. That probe agreed with the union, and Fantino moved in 2006 to charge the two officers with neglect of duty and deceit for their handling of the investigation.
"I think they got charged when in fact they should have gotten a commendation," Cole said Wednesday. "I don't want to use colloquialisms, but it was the big blue wall [that] closed in around my husband and the other officers involved."
Cole said she's pleased MacDonald and Jevons may now be able to finish what they started.
"I'm very excited that they may be able to pursue the domestic violence policy that they discussed," she said. "Under the current system, the spouse of an officer is basically unprotected."
Witch hunt alleged
MacDonald and Jevons fought claimed they were victims of a witch hunt orchestrated by Fantino and the head of the OPP union, the Ontario Provincial Police Association.
Fantino was to appear in court Wednesday for a defence cross-examination.
But the charges against the two officers were abruptly dropped in the morning, with prosecutor Brian Gover saying only that "this matter has been resolved to the satisfaction of the prosecution and the subject officers outside the discipline process."
Retired justice Leonard Montgomery, who had been hearing the disciplinary case, welcomed the decision.
"In my view … this settlement is in the interests of the officers and the interests of the administration of justice."
Accused of bias
Last fall, Fantino tried to get Montgomery removed from the proceedings, claiming he was biased. The allegation came when Montgomery expressed concerns after Fantino changed his evidence.
In November, Ontario's Appeal Court ruled Montgomery was not biased against Fantino.
Montgomery in turn complained Gover was trying to intimidate him and decried any government involvement in the quasi-judicial process.
The whole process has so far cost more than $500,000 in public money.
With files from The Canadian Press
CBC.CA
Wednesday, December 16, 2009
Charges that involved top cop dropped against OPP officers
Charges against two senior Ontario police officers have been dropped — effectively ending a disciplinary process that threatened to tarnish the reputation of the head of the province's police force.
The charges against Supt. Ken MacDonald and Insp. Allison Jevons were thrown out on Wednesday when the hearing resumed at OPP headquarters in Orillia. MacDonald used to head the unit that probes internal corruption and Jevons was a senior investigator in the unit.
They were both charged with neglect of duty and deceit. But the two officers claimed they were victims of a witch hunt inside the Ontario Provincial Police force being orchestrated by OPP Commissioner Julian Fantino and the head of the OPP union, the Ontario Provincial Police Association.
The decision also comes more than a year after Fantino began a series of legal moves aimed at having Justice Leonard Montgomery removed from the case because of remarks he made during the proceedings.
The motion was rejected by a divisional court and upheld last month by the Ontario Court of Appeal.
On Wednesday, when the hearing was scheduled to resume, the charges against the two officers were dropped — and that means Fantino will not have to return to the witness box.
The disciplinary case centred on an investigation that looked into why OPP supervisors in eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car. When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation.
Fantino, who was new to the job as commissioner, ordered a review of the findings. He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
MacDonald and Jevons, however, fought back and in the process made their own allegations. Part of their evidence was an email in which the union said it wanted to "Take down MacDonald."
MacDonald and Jevons also claim Fantino bowed to union pressure.
Days before charging MacDonald, another senior officer testified Fantino said, "Are you going to execute the disloyal one, or am I?" The senior officer made notes of the comments.
The defence claimed that when Fantino learned those notes were about to become evidence, the officer was told he was being transferred to North Bay.
Lawyers for the two accused officers said that amounted to witness tampering.
During his testimony Fantino called the allegations "hysterical nonsense" and denied he was bowing to pressure from the OPP union.
Fantino also denied any personal vendetta against MacDonald and Jevons.
CBC.CA
The charges against Supt. Ken MacDonald and Insp. Allison Jevons were thrown out on Wednesday when the hearing resumed at OPP headquarters in Orillia. MacDonald used to head the unit that probes internal corruption and Jevons was a senior investigator in the unit.
They were both charged with neglect of duty and deceit. But the two officers claimed they were victims of a witch hunt inside the Ontario Provincial Police force being orchestrated by OPP Commissioner Julian Fantino and the head of the OPP union, the Ontario Provincial Police Association.
The decision also comes more than a year after Fantino began a series of legal moves aimed at having Justice Leonard Montgomery removed from the case because of remarks he made during the proceedings.
The motion was rejected by a divisional court and upheld last month by the Ontario Court of Appeal.
On Wednesday, when the hearing was scheduled to resume, the charges against the two officers were dropped — and that means Fantino will not have to return to the witness box.
The disciplinary case centred on an investigation that looked into why OPP supervisors in eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car. When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation.
Fantino, who was new to the job as commissioner, ordered a review of the findings. He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
MacDonald and Jevons, however, fought back and in the process made their own allegations. Part of their evidence was an email in which the union said it wanted to "Take down MacDonald."
MacDonald and Jevons also claim Fantino bowed to union pressure.
Days before charging MacDonald, another senior officer testified Fantino said, "Are you going to execute the disloyal one, or am I?" The senior officer made notes of the comments.
The defence claimed that when Fantino learned those notes were about to become evidence, the officer was told he was being transferred to North Bay.
Lawyers for the two accused officers said that amounted to witness tampering.
During his testimony Fantino called the allegations "hysterical nonsense" and denied he was bowing to pressure from the OPP union.
Fantino also denied any personal vendetta against MacDonald and Jevons.
CBC.CA
Saturday, December 12, 2009
Toronto drug officers face more corruption accusations!
A CBC News/Toronto Star investigation unearths previous allegations
By Dave Seglins, CBC News
"A few bad apples."
That's how former Toronto police chief Julian Fantino described the force's problems when six former officers were charged with conspiring to beat and rob drug dealers of hundreds of thousands of dollars. The officers, all members of Team 3 of the Toronto Police Service's Central Field Command drug squad, are still awaiting trial after almost six years.
"I am deeply saddened and disappointed," Fantino told a news conference in January 2004, commenting about the charges against the six. "I can, however, tell you that the allegations are isolated and confined."
His comments came at the conclusion of an internal probe headed by RCMP Chief Supt. John Neily into the allegations or wrongdoing, which led to 40 criminal charges against the officers.
But police documents that surfaced for the first time this week in a Toronto lawsuit show anti-corruption investigators repeatedly briefed Fantino about similar allegations against other drug officers.
These warnings came several months before Fantino made public assurances that alleged wrongdoing was isolated to Team 3 of the drug squad. A joint CBC News/Toronto Star investigation has found that Toronto police did not allow Neily and his team to complete their investigation into those allegations.
'There was a thief on that team'
The TPS documents were unearthed as part of a move to expand a lawsuit against the force this week.
They show another drug squad was being scrutinized by Neily's investigative unit — dubbed the Special Task Force (STF) — for offences similar to the ones Team 3 was accused of.
One of the documents shows that Neily briefed Fantino about those allegations against Team 2.
"These cases are unsubstantiated [without interviews with the drug suspects]," Neily wrote in a confidential briefing note to Fantino in May 2002. "I temper that … however, by telling you that there is very good reason to suspect someone on that team is a thief."
Neily first assigned two investigators to focus on Team 2 in late 2001. They uncovered troubling questions over the officers' handling of drug money seized during searches at banks.
STF investigators wrote in internal documents in late 2001 that in three separate cases, Team 2 officers did not follow standard procedures when seizing money from safe deposit boxes.
The investigators reported members of the team repeatedly asked bank staff to leave when seizing cash from safe deposit boxes, leaving no second witness to count the cash, counter to bank policy.
They found that team members delayed handing over seized cash and improperly stored the cash.
There were also discrepancies between the amount of seized cash reported by the officers and the amount of cash the defendants said they possessed.
Neily, however, couldn't continue the probe as none of the alleged drug dealers would come forward to file an official complaint, fearing what they said about the officers could be used against them in a legal setting.
The stalemate led Neily to concede that the probe into Team 2 was stalled. But in a July 2002 note to Fantino, he said his suspicions still weren't allayed.
"While I have ordered the nine cases of interest [to be] no longer investigated involving the team of Danny Ross, as reported to you in May there is no doubt in my mind that there was a thief on that team and it is my belief so far that it could have been one or both of [Team 2 officer] DC Mark Denton and/or Mike Abbott," Neily wrote.
None of the Team 2 officers named in the ongoing lawsuit by Milos Markovic, a formerly accused drug dealer, would agree to an interview. Their lawyer, Gary Clewley, denies any theft and says the STF uncovered only sloppy police work.
"They do thousands of these cases and, at the end of the day, we have a handful of people who claim that they were ripped off. And when you're doing thousands of cases, mistakes get made," Clewley told CBC News in a recent interview.
"Documents don't get filled out properly. Things don't get put where they're supposed to. That doesn't amount to theft unless you start the investigation, working from the assumption that they are thieves and set out to prove it. I think that's what happened."
Renewed interest in 2003
Neily and his task force renewed their interest in Team 2 in early 2003, after getting Markovic to file an official complaint.
Before then, Markovic had repeatedly refusing repeated requests from the STF to complain about Team 2.
He relented after striking a deal that any statements he gave to the STF would not be used against him later, either in criminal court or in a lawsuit he filed against the police service.
Markovic was arrested in Oct. 28, 1999, by the Ross/Abbott crew and charged with dealing cocaine. Those charges were eventually dropped.
Markovic and his wife, Natasha, filed a suit in 2000 against: nine Team 2 officers who searched their home; the Toronto Police Service; its board and former TPS chief David Boothby. The TPS internal documents that surfaced this week were a result of a court motion in Markovic's suit.
The Markovics claimed the nine officers beat him in his pizza shop and later robbed him of close to more than $361,000 in cash and valuables. They sought $1.3 million in damages.
STF investigator Det. Neal Ward said in a report about the Markovic case that "the work of the Central Field Command Drug Squad was sloppy at best and a hair's-width away from being criminal."
Neily had set dates in early 2003 to meet Markovic to take his statement of complaint. But that meeting — and the probe into Team 2 — was suddenly called off.
CBC News has learned that in March 2003, Fantino met with Neily, other STF investigators and TPS chief financial officer Frank Chen. According to sources who requested anonymity, Fantino threatened to cut off all funding for forensic audits on officers suspected of wrongdoing.
Probe moved to Internal Affairs
The sources said Fantino cited financial pressures and the need for Toronto police to be prepared for a potential "terrorist attack" as reasons for the STF to wrap up its work, closing the door on any further probe of Team 2 officers.
"I was shocked," Peter Biro, Markovic's lawyer at the time, told CBC News.
"Chief Supt. Neily called sheepishly and apologetically and told me the interview was cancelled … that the investigation into the Markovics' complaints was at an end, [and] would not continue."
"Chief Supt. Neily said on at least one occasion in that telephone call that it was not his decision. The explanation? A lack of resources and a need to wrap up the task force. That was the official reason given to me," Biro said in a recent interview.
Neily, now retired from the RCMP, told CBC News that "given our resourcing limitations and our focus on Team 3," the STF had no choice but to hand the case back to TPS Internal Affairs.
"It was a Toronto Police Service decision," Neily told CBC News when asked why the STF didn't handle it or do financial checks on officers on the other suspect team.
Neily recommended in a November 2003 document he titled, "Notes From the Wall: We Are Not Done Yet," that someone should interview Markovic and begin an undercover operation to try to get to the bottom of the allegations against Team 2.
Fantino, now commissioner of the Ontario Provincial Police, refused to be interviewed for this story.
Markovic now learning details
TPS Internal Affairs did eventually take a statement from Markovic in the summer of 2003, but closed the file, concluding he was not a credible witness and too much time had passed.
TPS conducted no further probe of the officers or their personal finances. Markovic claims he's been kept in the dark about the internal investigations for years.
After repeated attempts, Markovic's legal team — now headed by high-profile Toronto lawyer Julian Falconer — secured a court order in December 2008 compelling the TPS to hand over hundreds of pages of documents, including the confidential briefing notes to Fantino about the Team 2 officers.
In February, the Toronto Police Service handed over the documents. Falconer, after reviewing the documents, decided to effectively rewrite the lawsuit Markovic had filed in 2000.
Falconer has now filed a motion in civil court that seeks to expand the lawsuit, claiming that beyond theft and assault by officers, the TPS failed to properly investigate the corruption allegations.
"It was deliberately covered up," Falconer told a Toronto court at a Wednesday hearing. "They pulled the plug."
In an interview with CBC News, Falconer brushed aside suggestions that the STF's mandate was limited to an investigation of Team 3 and it had to end at some point.
"Why not tell the Canadian public the truth? Pure and simple," he said.
"Why not acknowledge that they had concerns about members of Team 2? Why say the allegations are confined and isolated, when in fact the concerns were the opposite? Why not acknowledge that the investigation is being unplugged for a lack of resources?"
Falconer said he fears the failure to let the STF fully investigate Team 2 was all part of a plan set in motion back in 2001 when Fantino set up the internal probe.
He pointed toward an internal TPS recommendation that the STF probe could "avert a public inquiry" and "provide some assurance that it was just this one team."
A Toronto judge has reserved decision on whether he'll allow an expanded suit to go to trial.
STF findings of irregularities in 1999 drug case:
•On March 19, 1999, officers Mike Abbott and Darren Cox told a bank manager to leave the room while they counted and seized cash from a safety deposit box in connection with a criminal investigation of Roman Paryniuk.
•The manager was to step outside in case there were harmful substances in the box, but the officers themselves took no protective steps.
•The two took an hour to return to the station, stopping for a sandwich on the way, despite carrying hundreds of thousands of dollars in their cruiser.
•The money was placed in a safe in the detective's office, and the money bags were not sealed. The money was not formally counted until March 25, almost a week after the seizure.
•The officers reported counting $664,000. But Paryniuk reported $200,000 was missing from the box.
•The probe in this case was dropped when Paryniuk refused to complain formally.
Source: STF report summary in an affidavit filed by Falconer Charney LLP.
In the late 1990s, nine separate drug dealers accused members of Team 2, led by Det. Danny Ross and Const. Mike Abbott, of stealing more than $600,000 in cash from them.
CBC.CA
By Dave Seglins, CBC News
"A few bad apples."
That's how former Toronto police chief Julian Fantino described the force's problems when six former officers were charged with conspiring to beat and rob drug dealers of hundreds of thousands of dollars. The officers, all members of Team 3 of the Toronto Police Service's Central Field Command drug squad, are still awaiting trial after almost six years.
"I am deeply saddened and disappointed," Fantino told a news conference in January 2004, commenting about the charges against the six. "I can, however, tell you that the allegations are isolated and confined."
His comments came at the conclusion of an internal probe headed by RCMP Chief Supt. John Neily into the allegations or wrongdoing, which led to 40 criminal charges against the officers.
But police documents that surfaced for the first time this week in a Toronto lawsuit show anti-corruption investigators repeatedly briefed Fantino about similar allegations against other drug officers.
These warnings came several months before Fantino made public assurances that alleged wrongdoing was isolated to Team 3 of the drug squad. A joint CBC News/Toronto Star investigation has found that Toronto police did not allow Neily and his team to complete their investigation into those allegations.
'There was a thief on that team'
The TPS documents were unearthed as part of a move to expand a lawsuit against the force this week.
They show another drug squad was being scrutinized by Neily's investigative unit — dubbed the Special Task Force (STF) — for offences similar to the ones Team 3 was accused of.
One of the documents shows that Neily briefed Fantino about those allegations against Team 2.
"These cases are unsubstantiated [without interviews with the drug suspects]," Neily wrote in a confidential briefing note to Fantino in May 2002. "I temper that … however, by telling you that there is very good reason to suspect someone on that team is a thief."
Neily first assigned two investigators to focus on Team 2 in late 2001. They uncovered troubling questions over the officers' handling of drug money seized during searches at banks.
STF investigators wrote in internal documents in late 2001 that in three separate cases, Team 2 officers did not follow standard procedures when seizing money from safe deposit boxes.
The investigators reported members of the team repeatedly asked bank staff to leave when seizing cash from safe deposit boxes, leaving no second witness to count the cash, counter to bank policy.
They found that team members delayed handing over seized cash and improperly stored the cash.
There were also discrepancies between the amount of seized cash reported by the officers and the amount of cash the defendants said they possessed.
Neily, however, couldn't continue the probe as none of the alleged drug dealers would come forward to file an official complaint, fearing what they said about the officers could be used against them in a legal setting.
The stalemate led Neily to concede that the probe into Team 2 was stalled. But in a July 2002 note to Fantino, he said his suspicions still weren't allayed.
"While I have ordered the nine cases of interest [to be] no longer investigated involving the team of Danny Ross, as reported to you in May there is no doubt in my mind that there was a thief on that team and it is my belief so far that it could have been one or both of [Team 2 officer] DC Mark Denton and/or Mike Abbott," Neily wrote.
None of the Team 2 officers named in the ongoing lawsuit by Milos Markovic, a formerly accused drug dealer, would agree to an interview. Their lawyer, Gary Clewley, denies any theft and says the STF uncovered only sloppy police work.
"They do thousands of these cases and, at the end of the day, we have a handful of people who claim that they were ripped off. And when you're doing thousands of cases, mistakes get made," Clewley told CBC News in a recent interview.
"Documents don't get filled out properly. Things don't get put where they're supposed to. That doesn't amount to theft unless you start the investigation, working from the assumption that they are thieves and set out to prove it. I think that's what happened."
Renewed interest in 2003
Neily and his task force renewed their interest in Team 2 in early 2003, after getting Markovic to file an official complaint.
Before then, Markovic had repeatedly refusing repeated requests from the STF to complain about Team 2.
He relented after striking a deal that any statements he gave to the STF would not be used against him later, either in criminal court or in a lawsuit he filed against the police service.
Markovic was arrested in Oct. 28, 1999, by the Ross/Abbott crew and charged with dealing cocaine. Those charges were eventually dropped.
Markovic and his wife, Natasha, filed a suit in 2000 against: nine Team 2 officers who searched their home; the Toronto Police Service; its board and former TPS chief David Boothby. The TPS internal documents that surfaced this week were a result of a court motion in Markovic's suit.
The Markovics claimed the nine officers beat him in his pizza shop and later robbed him of close to more than $361,000 in cash and valuables. They sought $1.3 million in damages.
STF investigator Det. Neal Ward said in a report about the Markovic case that "the work of the Central Field Command Drug Squad was sloppy at best and a hair's-width away from being criminal."
Neily had set dates in early 2003 to meet Markovic to take his statement of complaint. But that meeting — and the probe into Team 2 — was suddenly called off.
CBC News has learned that in March 2003, Fantino met with Neily, other STF investigators and TPS chief financial officer Frank Chen. According to sources who requested anonymity, Fantino threatened to cut off all funding for forensic audits on officers suspected of wrongdoing.
Probe moved to Internal Affairs
The sources said Fantino cited financial pressures and the need for Toronto police to be prepared for a potential "terrorist attack" as reasons for the STF to wrap up its work, closing the door on any further probe of Team 2 officers.
"I was shocked," Peter Biro, Markovic's lawyer at the time, told CBC News.
"Chief Supt. Neily called sheepishly and apologetically and told me the interview was cancelled … that the investigation into the Markovics' complaints was at an end, [and] would not continue."
"Chief Supt. Neily said on at least one occasion in that telephone call that it was not his decision. The explanation? A lack of resources and a need to wrap up the task force. That was the official reason given to me," Biro said in a recent interview.
Neily, now retired from the RCMP, told CBC News that "given our resourcing limitations and our focus on Team 3," the STF had no choice but to hand the case back to TPS Internal Affairs.
"It was a Toronto Police Service decision," Neily told CBC News when asked why the STF didn't handle it or do financial checks on officers on the other suspect team.
Neily recommended in a November 2003 document he titled, "Notes From the Wall: We Are Not Done Yet," that someone should interview Markovic and begin an undercover operation to try to get to the bottom of the allegations against Team 2.
Fantino, now commissioner of the Ontario Provincial Police, refused to be interviewed for this story.
Markovic now learning details
TPS Internal Affairs did eventually take a statement from Markovic in the summer of 2003, but closed the file, concluding he was not a credible witness and too much time had passed.
TPS conducted no further probe of the officers or their personal finances. Markovic claims he's been kept in the dark about the internal investigations for years.
After repeated attempts, Markovic's legal team — now headed by high-profile Toronto lawyer Julian Falconer — secured a court order in December 2008 compelling the TPS to hand over hundreds of pages of documents, including the confidential briefing notes to Fantino about the Team 2 officers.
In February, the Toronto Police Service handed over the documents. Falconer, after reviewing the documents, decided to effectively rewrite the lawsuit Markovic had filed in 2000.
Falconer has now filed a motion in civil court that seeks to expand the lawsuit, claiming that beyond theft and assault by officers, the TPS failed to properly investigate the corruption allegations.
"It was deliberately covered up," Falconer told a Toronto court at a Wednesday hearing. "They pulled the plug."
In an interview with CBC News, Falconer brushed aside suggestions that the STF's mandate was limited to an investigation of Team 3 and it had to end at some point.
"Why not tell the Canadian public the truth? Pure and simple," he said.
"Why not acknowledge that they had concerns about members of Team 2? Why say the allegations are confined and isolated, when in fact the concerns were the opposite? Why not acknowledge that the investigation is being unplugged for a lack of resources?"
Falconer said he fears the failure to let the STF fully investigate Team 2 was all part of a plan set in motion back in 2001 when Fantino set up the internal probe.
He pointed toward an internal TPS recommendation that the STF probe could "avert a public inquiry" and "provide some assurance that it was just this one team."
A Toronto judge has reserved decision on whether he'll allow an expanded suit to go to trial.
STF findings of irregularities in 1999 drug case:
•On March 19, 1999, officers Mike Abbott and Darren Cox told a bank manager to leave the room while they counted and seized cash from a safety deposit box in connection with a criminal investigation of Roman Paryniuk.
•The manager was to step outside in case there were harmful substances in the box, but the officers themselves took no protective steps.
•The two took an hour to return to the station, stopping for a sandwich on the way, despite carrying hundreds of thousands of dollars in their cruiser.
•The money was placed in a safe in the detective's office, and the money bags were not sealed. The money was not formally counted until March 25, almost a week after the seizure.
•The officers reported counting $664,000. But Paryniuk reported $200,000 was missing from the box.
•The probe in this case was dropped when Paryniuk refused to complain formally.
Source: STF report summary in an affidavit filed by Falconer Charney LLP.
In the late 1990s, nine separate drug dealers accused members of Team 2, led by Det. Danny Ross and Const. Mike Abbott, of stealing more than $600,000 in cash from them.
CBC.CA
Thursday, December 10, 2009
Lead-footed OPP constable remains on duty
By Trevor Wilhelm, The Windsor Star
The OPP officer who ran a stop sign and crashed his police cruiser — while allegedly doing nearly double the speed limit — remains on duty and could even return to the road helping catch speeders.
Const. Kristopher Gagnier, 26, an Essex County officer for three years, was charged with street racing after crashing his marked cruiser into a Kingsville ditch.
When Gagnier ran the stop sign at a T-intersection on Graham Side Road, he was allegedly going 157 km/h in an 80 km/h zone. He was on duty at the time of the high-speed crash, but not responding to a call.
The Highway Traffic Act dictates that the OPP cruiser he was driving will be impounded for seven days. Gagnier’s driver’s licence was also suspended for seven days. But that doesn’t necessarily bar him from patrolling the roads.
“He just can’t drive for seven days,” said Sgt. David Rektor with the OPP western region headquarters.
“There are other options available to members. They can be the second officer in the vehicle and assist that way. But driving is out of the question for the seven-day period.”
Police said the single vehicle crash happened around 9:30 p.m. Thursday when Gagnier, on routine patrol, failed to stop at the intersection of Graham Side Road and Road 7.
Rektor said he didn’t know what the cost of damage was to the car, but added there was “extensive front end damage.” He also didn’t know if the officer will have to pay for the repairs or if taxpayers will be on the hook.
More than 15,000 drivers have been charged with street racing since the law was introduced in 2007.
Rektor said Gagnier is the first Essex officer to be charged, but several other OPP officers elsewhere in the province have been charged while on duty.
Gagnier’s first appearance in provincial court is scheduled for Jan. 4. Rektor said Monday it was too soon to know if there will be a separate investigation under the Police Services Act, a provincial act governing the conduct of police officers.
“We have to abide by the same laws, rules and regulations that a citizen would,” said Rektor. “However, we’re also subject to considerations under the Police Services Act.”
“We’ve got high standards of conduct and professionalism that we expect from our officers in order that we can honour the public trust we’re given. That’s why the Police Services Act is there. It offers the ability to ensure our people are holding up their responsibilities.”
Rektor said it’s not acceptable for an officer to shirk those responsibilities.
“The OPP holds our members accountable for their actions,” he said. “Public trust and confidence is the cornerstone of what we do. Without it, we’re lost. When you accept this position of trust, you accept a lot of responsibility. You have to know that people expect you to lead by example. That’s the message our commissioner, right from the onset of this, has made clear. The OPP will lead by example and be held accountable.”
twilhelm@thestar.canwest.com or 519-255-6850
Source: Windsor Star
The OPP officer who ran a stop sign and crashed his police cruiser — while allegedly doing nearly double the speed limit — remains on duty and could even return to the road helping catch speeders.
Const. Kristopher Gagnier, 26, an Essex County officer for three years, was charged with street racing after crashing his marked cruiser into a Kingsville ditch.
When Gagnier ran the stop sign at a T-intersection on Graham Side Road, he was allegedly going 157 km/h in an 80 km/h zone. He was on duty at the time of the high-speed crash, but not responding to a call.
The Highway Traffic Act dictates that the OPP cruiser he was driving will be impounded for seven days. Gagnier’s driver’s licence was also suspended for seven days. But that doesn’t necessarily bar him from patrolling the roads.
“He just can’t drive for seven days,” said Sgt. David Rektor with the OPP western region headquarters.
“There are other options available to members. They can be the second officer in the vehicle and assist that way. But driving is out of the question for the seven-day period.”
Police said the single vehicle crash happened around 9:30 p.m. Thursday when Gagnier, on routine patrol, failed to stop at the intersection of Graham Side Road and Road 7.
Rektor said he didn’t know what the cost of damage was to the car, but added there was “extensive front end damage.” He also didn’t know if the officer will have to pay for the repairs or if taxpayers will be on the hook.
More than 15,000 drivers have been charged with street racing since the law was introduced in 2007.
Rektor said Gagnier is the first Essex officer to be charged, but several other OPP officers elsewhere in the province have been charged while on duty.
Gagnier’s first appearance in provincial court is scheduled for Jan. 4. Rektor said Monday it was too soon to know if there will be a separate investigation under the Police Services Act, a provincial act governing the conduct of police officers.
“We have to abide by the same laws, rules and regulations that a citizen would,” said Rektor. “However, we’re also subject to considerations under the Police Services Act.”
“We’ve got high standards of conduct and professionalism that we expect from our officers in order that we can honour the public trust we’re given. That’s why the Police Services Act is there. It offers the ability to ensure our people are holding up their responsibilities.”
Rektor said it’s not acceptable for an officer to shirk those responsibilities.
“The OPP holds our members accountable for their actions,” he said. “Public trust and confidence is the cornerstone of what we do. Without it, we’re lost. When you accept this position of trust, you accept a lot of responsibility. You have to know that people expect you to lead by example. That’s the message our commissioner, right from the onset of this, has made clear. The OPP will lead by example and be held accountable.”
twilhelm@thestar.canwest.com or 519-255-6850
Source: Windsor Star
Tuesday, December 8, 2009
Couple taken for a ride
BOWMANVILLE -- "It's not a mixed message. You can't be intoxicated in a public place. It's an offence."
-- Insp. Charlie Green, Durham Regional Police
That argument may be a tough sell.
Especially considering that two people charged with public intoxication -- and they are not alone in this roust -- were standing on the corner, hand-in-hand, waiting for the arrival of A Ryde Home, a local designated driver service.
It's a service, in fact, that 61-year-old retiree Jack Knowler and his girlfriend, Bev Rogers, use every Thursday when they take in karaoke night at Hanc's Bar.
"You do the right thing, you drink but you don't drive, and this happens? How is that right?" he asks. "How is it right that you get a $65 ticket for public intoxication while quietly waiting for your DD to pick you up?
"If that's not a mixed message, what is?"
He has a point.
Jack Knowler, who retired from the PPG paint plant in Oshawa two years ago, has no criminal record, has never had an impaired charge and certainly no previous public intoxication charge and, for sure, he is not one of those locals who, in the vernacular, are "known to police."
And neither is Bev Rogers, who runs a small construction company.
Both are decent, responsible, and law-abiding.
"If we have more than one drink, we always call the service," says Knowler. "My home is less than a mile from Hanc's bar, so I could have probably driven home, taken the chance, and likely beaten the odds.
"But I didn't. Instead, I did the right thing.
"And what did it get us?" he asked. "One ticket for her and one ticket for me."
On the night they were charged, Jack Knowler and Bev Rogers had first gone to Maddy's Pub, just up the street from Hanc's, and that's where Knowler left his truck -- about a block and a half from Hanc's.
The main drag of this town has little or no public parking, and so that is where cars are left -- in the parking lots of the pubs, the restaurants, and the Legion.
Publican Vic Hanc sees this ticket tactic as nothing but harassment, and was on the phone last week to his local councillor and MPP to raise a stink about it.
"By issuing these tickets, the police are enticing people to try to drive home," says Hanc. "It just blows my mind.
"It's on-the-spot judgment, with no discretion. They should be thanking those people for not trying to drive."
Martin McLellan, a 62-year-old retired GM worker, left his truck in the Legion lot a few nights ago and, on the way back from his local pub -- his cellphone to his ear talking to the A Ryde Home dispatcher -- suddenly had a police cruiser pull up beside him as he walked along the sidewalk.
"I wasn't staggering, but they said I was drunk," says McLellan. "Then, when I told them I was just talking to the DD service, they said they'd give me a ride home.
"And they did -- but not without first giving me a $65 ticket for public intoxication.
"I wasn't too happy about it," says McLellan. "The DD service would have cost me no more than $20, tip included.
"What are the cops trying to do?" he asks. "Put us behind the wheels of our vehicles?"
Colleen Monk is the entrepreneur behind A Ryde Home, one of a dozen such designated-driving services in the area.
She has been in business three years, has seven cars on the road and, during the so-called Festive RIDE season, she will bump up her fleet to perhaps 15 cars.
And she, too, is upset about what the police are doing.
"It's getting a bit ridiculous, doesn't you think?" she says. "My driver literally pulled in to pick up (Knowler and Roger) at the same time the cops pulled up.
"But the cops didn't care.
"Here we have people doing the right thing, and getting penalized for it," she says.
"And it is just not right."
Dressed in her A Ryde Home jacket with Designation Driver embroidered on the front, the driver dispatched to pick up Jack Knowler and Bev Rogers in the parking lot of Maddy's, which closes early on Thursdays, says the police cut the couple no slack.
'COULDN'T HAVE CARED LESS'
"The officer saw my jacket. He knew what was going on, but he couldn't have cared less," says the DD, who asked that her name not be published.
"All he said was that they shouldn't have been hanging around a dark parking lot in the first place."
Insp. Charlie Green heads up the Bowmanville detachment of Durham Regional Police, a force that routinely publishes the names of those charged with impaired driving on its public website.
And, as far as he is concerned, the cops did no wrong issuing those public intoxication tickets to people waiting for their designated driver to show up.
"When I was transferred here three years ago from Pickering, I could not believe the number of drunks I saw on the streets," says Green. "But it's a lot better today.
"Being drunk in a public place is an offence, and I do not want to see (drunken people) stepping off a curb and getting whacked by a car."
After checking the logs, he noted that the charges against Knowler and Rogers were laid by uniformed members of the DRAVIS squad -- Durham Region Anti-Violence Intervention Strategy -- whose role as described on the force's website is to "reduce violence, increase community safety and improve the quality of life for members of our communities within Durham Region."
According to Green, part of the DRAVIS detail is to check out local drinking establishments for trouble near closing time, and "to enforce the law."
"They take what is basically a zero-tolerance approach to everything," says Green. "It's high enforcement.
"When it comes to public intoxication, they may take you home, but you're going to get a ticket."
MARK.BONOKOSKI@SUNMEDIA.CA OR 416-947-2445
Toronto Sun
-- Insp. Charlie Green, Durham Regional Police
That argument may be a tough sell.
Especially considering that two people charged with public intoxication -- and they are not alone in this roust -- were standing on the corner, hand-in-hand, waiting for the arrival of A Ryde Home, a local designated driver service.
It's a service, in fact, that 61-year-old retiree Jack Knowler and his girlfriend, Bev Rogers, use every Thursday when they take in karaoke night at Hanc's Bar.
"You do the right thing, you drink but you don't drive, and this happens? How is that right?" he asks. "How is it right that you get a $65 ticket for public intoxication while quietly waiting for your DD to pick you up?
"If that's not a mixed message, what is?"
He has a point.
Jack Knowler, who retired from the PPG paint plant in Oshawa two years ago, has no criminal record, has never had an impaired charge and certainly no previous public intoxication charge and, for sure, he is not one of those locals who, in the vernacular, are "known to police."
And neither is Bev Rogers, who runs a small construction company.
Both are decent, responsible, and law-abiding.
"If we have more than one drink, we always call the service," says Knowler. "My home is less than a mile from Hanc's bar, so I could have probably driven home, taken the chance, and likely beaten the odds.
"But I didn't. Instead, I did the right thing.
"And what did it get us?" he asked. "One ticket for her and one ticket for me."
On the night they were charged, Jack Knowler and Bev Rogers had first gone to Maddy's Pub, just up the street from Hanc's, and that's where Knowler left his truck -- about a block and a half from Hanc's.
The main drag of this town has little or no public parking, and so that is where cars are left -- in the parking lots of the pubs, the restaurants, and the Legion.
Publican Vic Hanc sees this ticket tactic as nothing but harassment, and was on the phone last week to his local councillor and MPP to raise a stink about it.
"By issuing these tickets, the police are enticing people to try to drive home," says Hanc. "It just blows my mind.
"It's on-the-spot judgment, with no discretion. They should be thanking those people for not trying to drive."
Martin McLellan, a 62-year-old retired GM worker, left his truck in the Legion lot a few nights ago and, on the way back from his local pub -- his cellphone to his ear talking to the A Ryde Home dispatcher -- suddenly had a police cruiser pull up beside him as he walked along the sidewalk.
"I wasn't staggering, but they said I was drunk," says McLellan. "Then, when I told them I was just talking to the DD service, they said they'd give me a ride home.
"And they did -- but not without first giving me a $65 ticket for public intoxication.
"I wasn't too happy about it," says McLellan. "The DD service would have cost me no more than $20, tip included.
"What are the cops trying to do?" he asks. "Put us behind the wheels of our vehicles?"
Colleen Monk is the entrepreneur behind A Ryde Home, one of a dozen such designated-driving services in the area.
She has been in business three years, has seven cars on the road and, during the so-called Festive RIDE season, she will bump up her fleet to perhaps 15 cars.
And she, too, is upset about what the police are doing.
"It's getting a bit ridiculous, doesn't you think?" she says. "My driver literally pulled in to pick up (Knowler and Roger) at the same time the cops pulled up.
"But the cops didn't care.
"Here we have people doing the right thing, and getting penalized for it," she says.
"And it is just not right."
Dressed in her A Ryde Home jacket with Designation Driver embroidered on the front, the driver dispatched to pick up Jack Knowler and Bev Rogers in the parking lot of Maddy's, which closes early on Thursdays, says the police cut the couple no slack.
'COULDN'T HAVE CARED LESS'
"The officer saw my jacket. He knew what was going on, but he couldn't have cared less," says the DD, who asked that her name not be published.
"All he said was that they shouldn't have been hanging around a dark parking lot in the first place."
Insp. Charlie Green heads up the Bowmanville detachment of Durham Regional Police, a force that routinely publishes the names of those charged with impaired driving on its public website.
And, as far as he is concerned, the cops did no wrong issuing those public intoxication tickets to people waiting for their designated driver to show up.
"When I was transferred here three years ago from Pickering, I could not believe the number of drunks I saw on the streets," says Green. "But it's a lot better today.
"Being drunk in a public place is an offence, and I do not want to see (drunken people) stepping off a curb and getting whacked by a car."
After checking the logs, he noted that the charges against Knowler and Rogers were laid by uniformed members of the DRAVIS squad -- Durham Region Anti-Violence Intervention Strategy -- whose role as described on the force's website is to "reduce violence, increase community safety and improve the quality of life for members of our communities within Durham Region."
According to Green, part of the DRAVIS detail is to check out local drinking establishments for trouble near closing time, and "to enforce the law."
"They take what is basically a zero-tolerance approach to everything," says Green. "It's high enforcement.
"When it comes to public intoxication, they may take you home, but you're going to get a ticket."
MARK.BONOKOSKI@SUNMEDIA.CA OR 416-947-2445
Toronto Sun
Bryant case postponed until late January
A hearing in the case of former Ontario attorney general Michael Bryant, who has been charged in connection with the death of a Toronto bicycle courier, has been put over until Jan. 22.
The former prominent politician and head of Toronto's business development agency, Invest Toronto, did not appear in court Monday but was represented by his lawyer.
Bryant faces charges of criminal negligence causing death and dangerous driving causing death in connection with an August altercation involving cyclist Darcy Allan Sheppard.
Sheppard, 33, died of head injuries after being dragged along a stretch of Toronto's Bloor Street while hanging on to Bryant's car.
Police say Sheppard had an altercation with Bryant and grabbed onto his car. Witnesses say Bryant then drove away with Sheppard hanging on to the side of the vehicle until he fell off.
Since Bryant once appointed judges and oversaw Crown prosecutors, Vancouver lawyer Richard Peck has been brought in to prosecute the case, which is being tried in Toronto.
An out-of-province judge is expected to preside over the trial once it begins.
CBC.CA
Ontario not guarding tax dollars enough: auditor
The Ontario government is doing a poor job of determining who is eligible for welfare and disability aid and hasn't done enough to recover more than $1.2 billion in overpayments, says the province's auditor general.
In a report released Monday, Jim McCarter said government supervision of social assistance programs is not strong enough.
McCarter cited one example in which the Community and Social Services Ministry failed to follow up on five tips about a family that received $100,000 in taxpayer-funded social assistance.
"If we can tighten down and make sure that only people [who] are entitled to get money actually get the money, you know it does give the government some flexibility when they're looking to make sure they can look after those people that really need the money," he told reporters just before the release of the report.
The government has a total of $663 million in overpayments under the Ontario Disability Support Program, the auditor's report said.
Meanwhile, the number of unrecovered payments made under Ontario Works, the province's welfare program, stands at $600 million.
"Once you've overpaid the money out, it's very difficult to get it back. The key thing with these two programs is you've got to stop the overpayment from occurring in the first place," he said.
The government said there was already $1.1 billion in overpayments when the Liberals came to power in 2003, but admitted that amount has grown since then.
McCarter stressed in the report that "public funds were often not being spent with enough due diligence and oversight to ensure that taxpayers were getting full value for their hard-earned tax dollars."
The government needs to be more vigilant in ensuring that only those people actually eligible for benefits receive them, said the report, which is released annually and serves as a report card on the government's performance.
"It is not the absence or inadequacy of rules or guidelines that was the problem," McCarter wrote.
"Rather, I believe that there is a culture or mindset among some of those accountable for managing and delivering government programs that does not always prioritize getting maximum value for the taxpayer's dollar," he wrote.
Big markups for health-care equipment
McCarter pointed to the health-care sector for more examples of inefficient spending, saying the government isn't trying hard enough to get the best deals on medical devices like hearing aids and wheelchairs.
The government spent $347 million last year on assistive medical devices, up 90 per cent since the last audit in 2002.
McCarter found that companies selling those devices were charging hefty markups, sometimes more than double the cost for which they would ordinarily sell.
"We feel they're overpaying, and significantly overpaying for a number of things that they're purchasing," McCarter told reporters just before the release of the report. "Clearly they could be acquiring these devices for a lot less money."
For example, McCarter found that the government-approved price for a monitor that typically costs vendors around $250 is $1,332 — more than a four-fold markup.
The report also says the Health Ministry knew some health-care workers who prescribe the devices were potentially in a conflict of interest because of connections to the sellers, yet only rarely took action.
McCarter added he is concerned about how much the government is paying for its telephone medical advice service, Telehealth.
It costs the government $39 per call, twice the price in other provinces, McCarter said.
"We actually found they'd really done no analysis or no followup whatsoever about why we're paying $39 and other provinces could be paying significantly less," he said.
One out of every four callers hangs up before getting through to a nurse, he added.
McCarter also said the government needs to better promote Telehealth because the number of calls each year is declining.
More work on bridges needed
The auditor's report also said Ontario's roadways also need more attention, as inspections of bridges across the province are not thorough enough.
At least 180 bridges are deemed to be in poor condition, but the government has not budgeted any money in its capital plan for the next year to fix one-third of them, McCarter wrote.
He found most of the 2,800 bridges under provincial jurisdiction are not being adequately inspected.
There are another 12,000 bridges that are the responsibility of local municipalities across Ontario, but "the province doesn't have the authority to inquire into the adequacy of municipal bridge inspection and maintenance processes."
CBC.CA
In a report released Monday, Jim McCarter said government supervision of social assistance programs is not strong enough.
McCarter cited one example in which the Community and Social Services Ministry failed to follow up on five tips about a family that received $100,000 in taxpayer-funded social assistance.
"If we can tighten down and make sure that only people [who] are entitled to get money actually get the money, you know it does give the government some flexibility when they're looking to make sure they can look after those people that really need the money," he told reporters just before the release of the report.
The government has a total of $663 million in overpayments under the Ontario Disability Support Program, the auditor's report said.
Meanwhile, the number of unrecovered payments made under Ontario Works, the province's welfare program, stands at $600 million.
"Once you've overpaid the money out, it's very difficult to get it back. The key thing with these two programs is you've got to stop the overpayment from occurring in the first place," he said.
The government said there was already $1.1 billion in overpayments when the Liberals came to power in 2003, but admitted that amount has grown since then.
McCarter stressed in the report that "public funds were often not being spent with enough due diligence and oversight to ensure that taxpayers were getting full value for their hard-earned tax dollars."
The government needs to be more vigilant in ensuring that only those people actually eligible for benefits receive them, said the report, which is released annually and serves as a report card on the government's performance.
"It is not the absence or inadequacy of rules or guidelines that was the problem," McCarter wrote.
"Rather, I believe that there is a culture or mindset among some of those accountable for managing and delivering government programs that does not always prioritize getting maximum value for the taxpayer's dollar," he wrote.
Big markups for health-care equipment
McCarter pointed to the health-care sector for more examples of inefficient spending, saying the government isn't trying hard enough to get the best deals on medical devices like hearing aids and wheelchairs.
The government spent $347 million last year on assistive medical devices, up 90 per cent since the last audit in 2002.
McCarter found that companies selling those devices were charging hefty markups, sometimes more than double the cost for which they would ordinarily sell.
"We feel they're overpaying, and significantly overpaying for a number of things that they're purchasing," McCarter told reporters just before the release of the report. "Clearly they could be acquiring these devices for a lot less money."
For example, McCarter found that the government-approved price for a monitor that typically costs vendors around $250 is $1,332 — more than a four-fold markup.
The report also says the Health Ministry knew some health-care workers who prescribe the devices were potentially in a conflict of interest because of connections to the sellers, yet only rarely took action.
McCarter added he is concerned about how much the government is paying for its telephone medical advice service, Telehealth.
It costs the government $39 per call, twice the price in other provinces, McCarter said.
"We actually found they'd really done no analysis or no followup whatsoever about why we're paying $39 and other provinces could be paying significantly less," he said.
One out of every four callers hangs up before getting through to a nurse, he added.
McCarter also said the government needs to better promote Telehealth because the number of calls each year is declining.
More work on bridges needed
The auditor's report also said Ontario's roadways also need more attention, as inspections of bridges across the province are not thorough enough.
At least 180 bridges are deemed to be in poor condition, but the government has not budgeted any money in its capital plan for the next year to fix one-third of them, McCarter wrote.
He found most of the 2,800 bridges under provincial jurisdiction are not being adequately inspected.
There are another 12,000 bridges that are the responsibility of local municipalities across Ontario, but "the province doesn't have the authority to inquire into the adequacy of municipal bridge inspection and maintenance processes."
CBC.CA
Corruption charges stayed against 3 Toronto officers
An Ontario court has thrown out corruption charges against three Toronto police officers, including the son of a former police chief.
Superior Court Justice Bonnie Croll stayed the charges Monday, ruling that William McCormack Jr., Rick McIntosh and George Kouroudis were denied their right to a fair trial because of excessive delays.
The officers were charged with multiple offences in 2003, including influence peddling and breach of trust. McCormack and McIntosh were charged with soliciting and accepting bribes from nightclub owners in the entertainment district.
McCormack, 50, is the son of former Toronto police chief William McCormack and brother of current police union chief Mike McCormack. McIntosh, 55, is the former head of the police union.
Kouroudis was a police constable who also ran a club called Lotus in the entertainment district.
The judge said it was mainly the fault of the prosecution that it took six years to bring the case to court. She blamed the lead police investigator for the lengthy delays.
This is the second time in two years that corruption charges have been stayed against Toronto police officers.
In January 2008, Crown delays led to charges being stayed against six former members of the drug squad. That ruling was overturned on appeal in October 2009.
CBC.CA
Superior Court Justice Bonnie Croll stayed the charges Monday, ruling that William McCormack Jr., Rick McIntosh and George Kouroudis were denied their right to a fair trial because of excessive delays.
The officers were charged with multiple offences in 2003, including influence peddling and breach of trust. McCormack and McIntosh were charged with soliciting and accepting bribes from nightclub owners in the entertainment district.
McCormack, 50, is the son of former Toronto police chief William McCormack and brother of current police union chief Mike McCormack. McIntosh, 55, is the former head of the police union.
Kouroudis was a police constable who also ran a club called Lotus in the entertainment district.
The judge said it was mainly the fault of the prosecution that it took six years to bring the case to court. She blamed the lead police investigator for the lengthy delays.
This is the second time in two years that corruption charges have been stayed against Toronto police officers.
In January 2008, Crown delays led to charges being stayed against six former members of the drug squad. That ruling was overturned on appeal in October 2009.
CBC.CA
Saturday, December 5, 2009
Cop probed for harassing 'rats'
I'm beyond shocked by the author of this article, this is not his style
Rob you finally get props from me, not that that means much!
Funny I can't find any information on the Breton Berthiaume incident!
...........................................................
By ROB LAMBERTI, SUN MEDIA
A veteran Toronto cop allegedly called fellow officers "rats" and then tailed their cruiser after they charged an off-duty Halton police officer with impaired driving.
More than 20 Toronto Police officers are being interviewed by internal affairs following the weekend arrest near the Halton cop's High Park home.
The force is also looking at the actions of senior officers who possibly allowed the confrontation to happen.
The scope of the probe goes beyond the individual officer and will look at "what happened and what didn't happen, and what should have," Toronto Police spokesman Mark Pugash said.
"Preferential treatment for police officers undermines the relationship with those we are sworn to serve and protect," Pugash said.
No charges have been filed but he said the investigation is a high priority for the service.
Breton Berthiaume, 28, a constable assigned to Halton's Oakville district who joined the service in January 2008, was arrested by two 11 Division cops, one who has less than a year's service, early Saturday morning on High Park Ave.
Berthiaume was taken to 22 Division for a breathalyzer test.
But, sources said, a veteran with about 20 years on the force and based at the Etobicoke station berated the 11 Division officers who arrested Berthiaume, who was subsequently charged with impaired driving.
One police source said the veteran reportedly called the arresting officers "rats."
The comments apparently were made on the station's internal PA system, but no one with Toronto Police would comment on that report.
When the arresting officers left 22 Division to return to southwest Toronto, the veteran officer allegedly followed them.
The officers were spooked by his behaviour and blew through a red light, sources said.
They were then given a ticket by the veteran officer for driving through the light.
Berthiaume, who was off work with an injury, is now suspended with pay, but a Halton police spokesman, Sgt. Brian Carr, said it's expected he'll soon be assigned to administrative duty.
rob.lamberti@sunmedia.ca
Toronto Sun
Rob you finally get props from me, not that that means much!
Funny I can't find any information on the Breton Berthiaume incident!
...........................................................
By ROB LAMBERTI, SUN MEDIA
A veteran Toronto cop allegedly called fellow officers "rats" and then tailed their cruiser after they charged an off-duty Halton police officer with impaired driving.
More than 20 Toronto Police officers are being interviewed by internal affairs following the weekend arrest near the Halton cop's High Park home.
The force is also looking at the actions of senior officers who possibly allowed the confrontation to happen.
The scope of the probe goes beyond the individual officer and will look at "what happened and what didn't happen, and what should have," Toronto Police spokesman Mark Pugash said.
"Preferential treatment for police officers undermines the relationship with those we are sworn to serve and protect," Pugash said.
No charges have been filed but he said the investigation is a high priority for the service.
Breton Berthiaume, 28, a constable assigned to Halton's Oakville district who joined the service in January 2008, was arrested by two 11 Division cops, one who has less than a year's service, early Saturday morning on High Park Ave.
Berthiaume was taken to 22 Division for a breathalyzer test.
But, sources said, a veteran with about 20 years on the force and based at the Etobicoke station berated the 11 Division officers who arrested Berthiaume, who was subsequently charged with impaired driving.
One police source said the veteran reportedly called the arresting officers "rats."
The comments apparently were made on the station's internal PA system, but no one with Toronto Police would comment on that report.
When the arresting officers left 22 Division to return to southwest Toronto, the veteran officer allegedly followed them.
The officers were spooked by his behaviour and blew through a red light, sources said.
They were then given a ticket by the veteran officer for driving through the light.
Berthiaume, who was off work with an injury, is now suspended with pay, but a Halton police spokesman, Sgt. Brian Carr, said it's expected he'll soon be assigned to administrative duty.
rob.lamberti@sunmedia.ca
Toronto Sun
Sunday, November 29, 2009
Ottawa police officer charged with assault
An Ottawa police officer has been charged with several counts of assault and could face charges under Ontario's Police Services Act.
The Ontario Provincial Police have charged the 33-year-old Ottawa officer with two counts of assault with a weapon and two counts of assault causing bodily harm, Ottawa police said in a media release Wednesday.
The Ottawa police professional standards section is also investigating, and charges may be laid under the Police Services Act.
"The Ottawa Police Service takes the conduct of its members very seriously and holds all sworn officers to a standard that is consistent with community expectations and their oath of office," Gilles Larochelle, acting chief of the Ottawa police, said in the media release.
"In cases where an officer is found to be in violation of these standards, discipline will be sought."
The officer was suspended from duty with pay pending the outcome of the criminal charges.
Ottawa Police and the OPP would not release the name of the officer in order to "protect the victims' privacy and prevent further victimization."
CBC.CA
The Ontario Provincial Police have charged the 33-year-old Ottawa officer with two counts of assault with a weapon and two counts of assault causing bodily harm, Ottawa police said in a media release Wednesday.
The Ottawa police professional standards section is also investigating, and charges may be laid under the Police Services Act.
"The Ottawa Police Service takes the conduct of its members very seriously and holds all sworn officers to a standard that is consistent with community expectations and their oath of office," Gilles Larochelle, acting chief of the Ottawa police, said in the media release.
"In cases where an officer is found to be in violation of these standards, discipline will be sought."
The officer was suspended from duty with pay pending the outcome of the criminal charges.
Ottawa Police and the OPP would not release the name of the officer in order to "protect the victims' privacy and prevent further victimization."
CBC.CA
Thursday, November 26, 2009
Man charged `because of his race,' judge finds
They lied in court, is this not perjury?
....................................................
Published On Thu Nov 26 2009
Drug charges against a Toronto man have been thrown out after a Superior Court justice found police engaged in racial profiling when they pulled his vehicle over and then lied about it in court.
Justice Frances Kiteley found police "had no lawful basis to pull Mr. (Irshad) Ahmed over" on Nov. 25, 2008, while he was driving in Toronto's west end.
Constables Justyn Humeniuk and Ryan Willmer of 23 Division said they pulled 26-year-old Ahmed over because he ran a red light. Kiteley rejected that explanation, saying the officers had "lied." "He did nothing to cause the police officers to pay attention to him," she wrote in an 11-page ruling released Wednesday.
"I am compelled to draw the inference that Mr. Ahmed was investigated and arbitrarily detained because of his race," the judge wrote.
"I'm happy for Mr. Ahmed," his lawyer, Gary Grill, said Wednesday. "But he's been in jail for a year because of the colour of his skin."
This is the second time a judge has concluded officers lied in court about their dealings with Ahmed. Last year, a judge found officers used excessive force when Tasering Ahmed; Ahmed was sent to jail for 75 days for obstructing police.
The court heard a tape of the incident in which an officer is heard taunting Ahmed, who was lying face down in broken glass.
Toronto Star
....................................................
Published On Thu Nov 26 2009
Drug charges against a Toronto man have been thrown out after a Superior Court justice found police engaged in racial profiling when they pulled his vehicle over and then lied about it in court.
Justice Frances Kiteley found police "had no lawful basis to pull Mr. (Irshad) Ahmed over" on Nov. 25, 2008, while he was driving in Toronto's west end.
Constables Justyn Humeniuk and Ryan Willmer of 23 Division said they pulled 26-year-old Ahmed over because he ran a red light. Kiteley rejected that explanation, saying the officers had "lied." "He did nothing to cause the police officers to pay attention to him," she wrote in an 11-page ruling released Wednesday.
"I am compelled to draw the inference that Mr. Ahmed was investigated and arbitrarily detained because of his race," the judge wrote.
"I'm happy for Mr. Ahmed," his lawyer, Gary Grill, said Wednesday. "But he's been in jail for a year because of the colour of his skin."
This is the second time a judge has concluded officers lied in court about their dealings with Ahmed. Last year, a judge found officers used excessive force when Tasering Ahmed; Ahmed was sent to jail for 75 days for obstructing police.
The court heard a tape of the incident in which an officer is heard taunting Ahmed, who was lying face down in broken glass.
Toronto Star
Tuesday, November 24, 2009
Another Judge..........
Shannon Kari, National Post
Published: Sunday, November 22, 2009
TORONTO -- A second judge in Ontario has ruled that the province's stunt driving law is unconstitutional, which could increase the pressure on police to stop laying the charge until the issue is decided by a higher court.
Justice Peter West, a provincial court judge in Newmarket, found that a potential penalty of up to six months in jail violates the Charter of Rights because the law does not permit an accused person to put forward any defence.
"There is no air of reality to the Crown's submissions that a defendant charged with stunt driving has an available defence of due diligence," wrote Judge West, in a ruling released Nov. 19.
As a result, he dismissed stunt driving charges against Alexandra Drutz, who was 18 when she clocked at 157 km/h while driving her parent's car in March 2008 on Highway 407, just north of Toronto.
Stunt driving is defined as being more than 50 kilometres per hour over the speed limit, which is the same type of "absolute liability" offence as speeding infractions in the Highway Traffic Act, said Judge West. "Calling the conduct stunt driving does not change its characterization - it is still a speeding offence albeit by a different name," he stated.
An absolute liability offence means someone may not argue they took precautions and did not realize how fast they were driving. More than 20 years ago the Supreme Court of Canada stated that potential jail terms for offences that do not permit a defence breaches the Charter.
The ruling by Judge West comes just weeks after a provincial court judge in eastern Ontario came to the same conclusion and overturned the conviction of a 62-year-old grandmother charged with stunt driving.
The Ontario Provincial Police stated at the time that it would continue to lay charges under the stunt driving laws. The province also appealed that decision. It is scheduled to be heard by the Ontario Court of Appeal in about two months from now.
The two court rulings are binding on Justices of Peace in Ontario, who preside over many Highway Traffic Act trials.
Until there is a ruling on the stunt driving laws from the Ontario Court of Appeal, police should take a "time out" from laying these charges, said Enzo Rondinelli, a Toronto lawyer who along with Paul Cooper represented Ms. Drutz.
"The current score in provincial court is 2-0 in favour of a finding of constitutional invalidity," noted Mr. Rondinelli. "There are other sections under the Highway Traffic Act for police to deal with speeders," he added.
More than 10,000 people have been charged under the stunt driving provisions in Ontario since they were introduced in 2007 by then-attorney-general Michael Bryant.
Judge West noted in his ruling that the stunt driving provisions were passed unanimously by the Ontario legislature in what was billed as a law targeting street racing. The specific "regulations" however, which defined speeding as stunt driving and have now been found to be unconstitutional, were drawn up at a later date by the Ontario government.
National Post
Bike lane backlash
A Toronto Police officer who parked his cruiser in a bike lane to get his lunch is getting no love from his superiors, who are coming down hard on his "stupid" and "unacceptable" actions.
On Sunday,the Sun witnessed a city cop sitting inside the Grillway Cafe, at Runnymede Rd. and Annette St., while his cruiser was blocking a bike lane on Annette.
The officer was parked there for at least 20 minutes before leaving the cafe with a can of pop and a paper lunch bag.
But instead of protecting their own, Toronto Police brass called the officer's parking actions "stupid" and "unacceptable."
EXAMINE ISSUE
Last week, cycling advocates brought the issue of blocking bike lanes for non-emergency reasons to the attention of the Toronto Police Services Board, which asked Chief Bill Blair to examine the issue.
"That's not kosher at all. It's right in our procedures that, outside of exigent circumstances, you do not park illegally, and that includes in bike lanes," said Sgt. Tim Burrows, of the force's traffic services department. He added higher-ups at the force were "incensed" when they heard about the Annette St. incident.
"It's very unfortunate that the officer decided to do this, but from the top on down, it's something that will not be tolerated," he insisted.
Residents said yesterday it's not unusual for officers to park illegally in the bike lane while they get some food at the popular Grillway.
"They're parked there quite often," said Orest Zakydalsky, who lives a few doors from the cafe. His mother and aunt were both dinged with $60 tickets for blocking the bike lane on the day city management posted bike lane signs without warning during the civic strike.
"I think it's a bit strange that the very people who are giving us tickets for parking in the bike lane do it themselves whenever they feel like it," Zakydalsky said.
Staff Insp. Peter Lennox, who runs 11 Division where the officer is from, said he would be issuing a division-wide communique "right away" reminding officers they can't block bike lanes, or otherwise park illegally, except in specific situations.
"All things being equal, we expect them to follow the same laws as everybody else," Lennox said. "I'm going to make sure people know that that's not to be done.
"They can park legally along with everyone else when they go into not only the Grillway, but anywhere else in the division."
Lennox said it's "possible" the officer who blocked the bike lane will face a reprimand, but not without an internal investigation.
Former police services board chairman Alan Heisey urged current members Thursday to start a ticketing blitz against bike lane blockers.
Yvonne Bambrick, the executive director of the Toronto Cyclists Union, also raised concerns about the issue with the board last week, calling for the province to double the $60 fine for parking in a bike lane.
Her association also wants the city's emergency services to use common sense when it comes to blocking bike lanes.
"It happens all the time," she said. "We totally understand their need when they are working, but when they're having lunch, or whatever, find a side street or a parking space.
Toronto Sun
On Sunday,the Sun witnessed a city cop sitting inside the Grillway Cafe, at Runnymede Rd. and Annette St., while his cruiser was blocking a bike lane on Annette.
The officer was parked there for at least 20 minutes before leaving the cafe with a can of pop and a paper lunch bag.
But instead of protecting their own, Toronto Police brass called the officer's parking actions "stupid" and "unacceptable."
EXAMINE ISSUE
Last week, cycling advocates brought the issue of blocking bike lanes for non-emergency reasons to the attention of the Toronto Police Services Board, which asked Chief Bill Blair to examine the issue.
"That's not kosher at all. It's right in our procedures that, outside of exigent circumstances, you do not park illegally, and that includes in bike lanes," said Sgt. Tim Burrows, of the force's traffic services department. He added higher-ups at the force were "incensed" when they heard about the Annette St. incident.
"It's very unfortunate that the officer decided to do this, but from the top on down, it's something that will not be tolerated," he insisted.
Residents said yesterday it's not unusual for officers to park illegally in the bike lane while they get some food at the popular Grillway.
"They're parked there quite often," said Orest Zakydalsky, who lives a few doors from the cafe. His mother and aunt were both dinged with $60 tickets for blocking the bike lane on the day city management posted bike lane signs without warning during the civic strike.
"I think it's a bit strange that the very people who are giving us tickets for parking in the bike lane do it themselves whenever they feel like it," Zakydalsky said.
Staff Insp. Peter Lennox, who runs 11 Division where the officer is from, said he would be issuing a division-wide communique "right away" reminding officers they can't block bike lanes, or otherwise park illegally, except in specific situations.
"All things being equal, we expect them to follow the same laws as everybody else," Lennox said. "I'm going to make sure people know that that's not to be done.
"They can park legally along with everyone else when they go into not only the Grillway, but anywhere else in the division."
Lennox said it's "possible" the officer who blocked the bike lane will face a reprimand, but not without an internal investigation.
Former police services board chairman Alan Heisey urged current members Thursday to start a ticketing blitz against bike lane blockers.
Yvonne Bambrick, the executive director of the Toronto Cyclists Union, also raised concerns about the issue with the board last week, calling for the province to double the $60 fine for parking in a bike lane.
Her association also wants the city's emergency services to use common sense when it comes to blocking bike lanes.
"It happens all the time," she said. "We totally understand their need when they are working, but when they're having lunch, or whatever, find a side street or a parking space.
Toronto Sun
Monday, November 16, 2009
Bryant case delayed until December
A criminal court case involving former Ontario attorney general Michael Bryant has been put over until Dec 7.
The former politician, who has yet to appear in court, was represented by his lawyer, Marie Henein, on Monday.
"We are anxious to have this matter move forward," she told the Toronto judge.
Henein said her client's case hasn't moved ahead because she is still waiting for disclosure documents from the Crown.
Mark Sandler, who represented the Crown in court, told the judge that both sides agree that the case should proceed as quickly as possible.
Both sides are expected to attend a closed door, case management session with Justice Paul Bentley on Nov. 30, which both sides described as a routine step.
Henein said she hopes to have the disclosure documents by then.
Bryant faces charges of criminal negligence causing death and dangerous driving causing death in a collision involving a cyclist on Aug. 31. Police say bike courier Darcy Allan Sheppard, 33, died after grabbing on to a car in Toronto following an altercation with the driver.
Since Bryant once appointed judges and oversaw Crown prosecutors, Vancouver lawyer Richard Peck has been brought in to prosecute the case. An out-of-province judge is expected to preside over the trial once it begins.
Bryant was elected as the Liberal MPP for St. Paul's riding in 1999 and won re-election in 2003 — becoming the province's youngest-ever attorney general at the time — and again in 2007. He also served as aboriginal affairs minister and minister of economic development.
Bryant remained an Ontario cabinet minister until May of this year when he stepped down to take the job as president and CEO of Invest Toronto, an arm's-length agency set up by the City of Toronto to promote investment. Until then he had been frequently mentioned as a possible successor to Premier Dalton McGuinty as leader of the province's Liberals.
Bryant is a Harvard-trained lawyer who clerked at the Supreme Court of Canada and later taught law at the University of Toronto, Osgoode Hall and King's College, London.
CBC.CA
The former politician, who has yet to appear in court, was represented by his lawyer, Marie Henein, on Monday.
"We are anxious to have this matter move forward," she told the Toronto judge.
Henein said her client's case hasn't moved ahead because she is still waiting for disclosure documents from the Crown.
Mark Sandler, who represented the Crown in court, told the judge that both sides agree that the case should proceed as quickly as possible.
Both sides are expected to attend a closed door, case management session with Justice Paul Bentley on Nov. 30, which both sides described as a routine step.
Henein said she hopes to have the disclosure documents by then.
Bryant faces charges of criminal negligence causing death and dangerous driving causing death in a collision involving a cyclist on Aug. 31. Police say bike courier Darcy Allan Sheppard, 33, died after grabbing on to a car in Toronto following an altercation with the driver.
Since Bryant once appointed judges and oversaw Crown prosecutors, Vancouver lawyer Richard Peck has been brought in to prosecute the case. An out-of-province judge is expected to preside over the trial once it begins.
Bryant was elected as the Liberal MPP for St. Paul's riding in 1999 and won re-election in 2003 — becoming the province's youngest-ever attorney general at the time — and again in 2007. He also served as aboriginal affairs minister and minister of economic development.
Bryant remained an Ontario cabinet minister until May of this year when he stepped down to take the job as president and CEO of Invest Toronto, an arm's-length agency set up by the City of Toronto to promote investment. Until then he had been frequently mentioned as a possible successor to Premier Dalton McGuinty as leader of the province's Liberals.
Bryant is a Harvard-trained lawyer who clerked at the Supreme Court of Canada and later taught law at the University of Toronto, Osgoode Hall and King's College, London.
CBC.CA
Saturday, November 14, 2009
Toronto police officer charged with impaired
Toronto Police Constable Adam Lourenco was charged with impaired.
Constable Lourenco was allegedly found behind the wheel of his vehicle with the motor running, asleep.
Constable Lourenco was allegedly found behind the wheel of his vehicle with the motor running, asleep.
Friday, November 13, 2009
OPP commissioner loses court appeal
An adjudicator hearing a messy disciplinary case involving Ontario's top police officer showed no bias and need not step down, the province's highest court ruled Friday.
The decision sided with a lower court that found Ontario Provincial Police Commissioner Julian Fantino had failed to prove the adjudicator was unfit to hear the case.
"The Divisional Court found that an informed person viewing the matter realistically and practically — and having thought the matter through — would not conclude there was any apprehension of bias on the part of the adjudicator," the Appeal Court ruled.
"I would go further and say that the events in this case fall far short of the type of conduct that would give rise to a reasonable apprehension of bias."
The adjudicator, retired justice Leonard Montgomery, had been hearing the disciplinary case against two senior officers Fantino charged with misconduct.
Fantino was under cross-examination last fall when he accused Montgomery of bias and pressed him to step down.
"This commissioner interrupted his cross-examination 13 months ago for what the Court of Appeal is basically saying was for meritless reasons," defence lawyer Julian Falconer said Friday.
"My clients are simply anxious to finish this case up. Enough is enough."
Fantino's lawyer Tom Curry expressed disappointment at the decision, adding that he would consider now trying to take the case to the Supreme Court of Canada.
"I certainly haven't ruled such a thing out," Curry said.
"I felt that the case did clearly meet the legal requirements for a finding of a reasonable apprehension of bias."
The defence in the misconduct case against Supt. Ken MacDonald and Insp. Alison Jevons has alleged that Fantino only laid the charges to appease the police union and because he suspected MacDonald of leaking information.
During the disciplinary hearings, Falconer has also accused Fantino of witness tampering and political interference.
"This is a political prosecution and nothing the commissioner has done in the last 13 months in front of the various judges … has done anything other than to simply further confirm their concerns," Falconer said Friday. Fantino has rejected allegations of any untoward conduct on his part.
The hearing saw Montgomery clash with Fantino and prosecutor Brian Gover, who said the provincial attorney general backed his request for the adjudicator to step down.
The bias allegation came when Montgomery expressed concerns after Fantino changed his evidence.
Montgomery in turn complained Gover was trying to intimidate him and decried any government involvement in the quasi-judicial process.
As of Sept. 11, 2009 the Ontario Ministry of Community safety and Correctional Services has spent more than $500,000 on all proceedings stemming from the affair, CBC News has learned.
The labyrinthine affair began in April 2004, when Susan Cole of Gananoque, Ont., called 911 to say her estranged husband, a provincial police sergeant, had taken a baseball bat to her car.
Cole complained the responding officers asked her to leave her home rather than arrest her spouse.
MacDonald and Jevons investigated Cole's complaint, and concluded the responding officers had not followed proper procedure.
CBC.CA
The decision sided with a lower court that found Ontario Provincial Police Commissioner Julian Fantino had failed to prove the adjudicator was unfit to hear the case.
"The Divisional Court found that an informed person viewing the matter realistically and practically — and having thought the matter through — would not conclude there was any apprehension of bias on the part of the adjudicator," the Appeal Court ruled.
"I would go further and say that the events in this case fall far short of the type of conduct that would give rise to a reasonable apprehension of bias."
The adjudicator, retired justice Leonard Montgomery, had been hearing the disciplinary case against two senior officers Fantino charged with misconduct.
Fantino was under cross-examination last fall when he accused Montgomery of bias and pressed him to step down.
"This commissioner interrupted his cross-examination 13 months ago for what the Court of Appeal is basically saying was for meritless reasons," defence lawyer Julian Falconer said Friday.
"My clients are simply anxious to finish this case up. Enough is enough."
Fantino's lawyer Tom Curry expressed disappointment at the decision, adding that he would consider now trying to take the case to the Supreme Court of Canada.
"I certainly haven't ruled such a thing out," Curry said.
"I felt that the case did clearly meet the legal requirements for a finding of a reasonable apprehension of bias."
The defence in the misconduct case against Supt. Ken MacDonald and Insp. Alison Jevons has alleged that Fantino only laid the charges to appease the police union and because he suspected MacDonald of leaking information.
During the disciplinary hearings, Falconer has also accused Fantino of witness tampering and political interference.
"This is a political prosecution and nothing the commissioner has done in the last 13 months in front of the various judges … has done anything other than to simply further confirm their concerns," Falconer said Friday. Fantino has rejected allegations of any untoward conduct on his part.
The hearing saw Montgomery clash with Fantino and prosecutor Brian Gover, who said the provincial attorney general backed his request for the adjudicator to step down.
The bias allegation came when Montgomery expressed concerns after Fantino changed his evidence.
Montgomery in turn complained Gover was trying to intimidate him and decried any government involvement in the quasi-judicial process.
As of Sept. 11, 2009 the Ontario Ministry of Community safety and Correctional Services has spent more than $500,000 on all proceedings stemming from the affair, CBC News has learned.
The labyrinthine affair began in April 2004, when Susan Cole of Gananoque, Ont., called 911 to say her estranged husband, a provincial police sergeant, had taken a baseball bat to her car.
Cole complained the responding officers asked her to leave her home rather than arrest her spouse.
MacDonald and Jevons investigated Cole's complaint, and concluded the responding officers had not followed proper procedure.
CBC.CA
Ontario's deputy health minister resigns!
One of the last remaining figures in Ontario's eHealth controversy has resigned just weeks after he was grilled by a legislature committee about the $1 billion Ontario has spent so far on electronic health records.
Deputy health minister Ron Sapsford, who was appointed to the post in 2005, headed the largest bureaucracy in the Ontario government with a budget of more than $40 billion. He also oversaw the creation of eHealth and served as its interim CEO last summer.
Deb Matthews, the minister of health and long-term care, acknowledged the resignation Friday but didn't provide a reason for Sapsford's departure.
Instead, Matthews thanked Sapsford for his "dedicated commitment to improving the health care for Ontario families."
"As deputy minister of health, he has helped make measurable progress in the speed and quality of health care available to Ontarians," Matthews said in a statement, also crediting Sapsford for helping improve access to front-line health care.
The resignation is effective Jan. 3.
The opposition parties had demanded Sapsford quit for his role in the eHealth scandal, especially after David Caplan was forced to resign as health minister.
Scathing report
Caplan resigned last month, just one day before the auditor general released a scathing report detailing how little value Ontario got for the $1 billion spent trying to create electronic health records.
Former eHealth Ontario CEO Sarah Kramer and board chair Alan Hudson also resigned their positions in June.
Top officials from scandal-plagued eHealth, including eHealth Ontario chair Rita Burak and Sapsford, were called before the legislature's public accounts committee in October to explain the agency's use of outside consultants.
At that time, Burak said taxpayers deserved an apology for the scandal, which involved awarding of hundreds of millions of dollars in untendered contracts to consultants, but stopped short of actually providing one.
She also told the committee eHealth had trimmed the number of consultants to 286 in September from 385 last spring, and promised that number would be reduced to 160 by next spring.
Sapsford said then he didn't see any reason why he should resign, and noted the government was looking into only one contract, valued at $1 million.
He also took issue with opposition claims that all of the money spent so far on electronic health records has been wasted.
CBC.CA
Deputy health minister Ron Sapsford, who was appointed to the post in 2005, headed the largest bureaucracy in the Ontario government with a budget of more than $40 billion. He also oversaw the creation of eHealth and served as its interim CEO last summer.
Deb Matthews, the minister of health and long-term care, acknowledged the resignation Friday but didn't provide a reason for Sapsford's departure.
Instead, Matthews thanked Sapsford for his "dedicated commitment to improving the health care for Ontario families."
"As deputy minister of health, he has helped make measurable progress in the speed and quality of health care available to Ontarians," Matthews said in a statement, also crediting Sapsford for helping improve access to front-line health care.
The resignation is effective Jan. 3.
The opposition parties had demanded Sapsford quit for his role in the eHealth scandal, especially after David Caplan was forced to resign as health minister.
Scathing report
Caplan resigned last month, just one day before the auditor general released a scathing report detailing how little value Ontario got for the $1 billion spent trying to create electronic health records.
Former eHealth Ontario CEO Sarah Kramer and board chair Alan Hudson also resigned their positions in June.
Top officials from scandal-plagued eHealth, including eHealth Ontario chair Rita Burak and Sapsford, were called before the legislature's public accounts committee in October to explain the agency's use of outside consultants.
At that time, Burak said taxpayers deserved an apology for the scandal, which involved awarding of hundreds of millions of dollars in untendered contracts to consultants, but stopped short of actually providing one.
She also told the committee eHealth had trimmed the number of consultants to 286 in September from 385 last spring, and promised that number would be reduced to 160 by next spring.
Sapsford said then he didn't see any reason why he should resign, and noted the government was looking into only one contract, valued at $1 million.
He also took issue with opposition claims that all of the money spent so far on electronic health records has been wasted.
CBC.CA
Wednesday, November 11, 2009
Police officer charged in Sarnia
SARNIA, Ont. — A Sarnia police officer, already before the court on other criminal matters, has been arrested and charged with sexual offences.
The charges were laid following an investigation by Chatham-Kent Police Service, Sarnia police said Wednesday.
The unnamed officer is charged with two counts of sexual assault and two counts of sexual interference, a Criminal Code offence involving an alleged victim under the age of 14.
Sarnia police said the officer’s name has not been released to protect the identity of the alleged victims.
The officer has been remanded in custody and will appear for a bail hearing in Chatham, Ont. on Thursday.
The Sun
The charges were laid following an investigation by Chatham-Kent Police Service, Sarnia police said Wednesday.
The unnamed officer is charged with two counts of sexual assault and two counts of sexual interference, a Criminal Code offence involving an alleged victim under the age of 14.
Sarnia police said the officer’s name has not been released to protect the identity of the alleged victims.
The officer has been remanded in custody and will appear for a bail hearing in Chatham, Ont. on Thursday.
The Sun
$1M in untendered contracts tied to top health official
Tuesday, November 10, 2009 | 9:19 PM ET
The Canadian Press
Untendered contracts totalling $1 million were awarded by the province to a consulting firm whose top executive was later appointed as one of the government's top health bureaucrats, The Canadian Press has learned.
Helen Stevenson, the assistant deputy minister and executive officer of Ontario's Public Drug Programs, was hired as a consultant in 2005 by the Health Ministry when she was president of Savattuq Inc., a government spokesman confirmed late Tuesday.
Between June 2005 and June 2007, the government gave Savattuq three sole-sourced contracts totalling just over $1 million, according to the provincial public accounts.
Stevenson was hired, in her capacity as a consultant, to head up the province's drug system secretariat, whose purpose was to develop and implement new strategies to manage the province's drug costs, said Health Ministry spokesman David Jensen.
More specifically, the secretariat was charged with producing a "plan of action" that would set directions for the province's drug system, including the Ontario Drug Benefits Program, over five to 10 years, Jensen said in an email.
The three contracts to Savattuq were sole-sourced "given the urgent need to move forward with transformational changes to the drug program," he said.
Those changes led to legislation — the Transparent Drug System for Patients Act — which has saved the province almost $700 million over two years, he said.
Contracts allowed at the time, government says
At the time, untendered contracts were permitted, Jensen said.
Premier Dalton McGuinty changed those rules recently after millions in untendered contracts at eHealth Ontario were brought to light.
Stevenson was appointed assistant deputy minister on June 14, 2007, after an open competition, and took over the executive director job from deputy minister of health Ron Sapsford, Jensen said.
The contract with Stevenson, who makes $275,717 a year in her current job plus $473.28 in benefits, was cancelled after her appointment, he said.
Ivan Langrish, a spokesman for Health Minister Deb Matthews, acknowledged that the contracts were sole-sourced.
"I think it's actually really a good thing," he said.
"We took someone basically from the private sector, had them then join the public sector to undergo basically a transformation of our drug strategy and look what we've managed to do. What we've managed to do is save some $700 million."
News of this latest untendered contract comes in the aftermath of a spending scandal over electronic health records at eHealth, where millions of dollars went out the door in untendered contracts.
The government is also looking to cut costs in an effort to tame a projected $24.7 billion deficit this year — the largest in the province's history.
NDP pans consultant 'addiction'
The Savattuq contracts and Stevenson's promotion raise serious questions about whether the governing Liberals are hiding a secret agenda to slash drug benefits, said NDP Leader Andrea Horwath.
The government is still concealing an untendered, $750,000 report by McKinsey & Co. into cost-cutting for generic drugs, which could end up cutting drug benefits to seniors and welfare recipients, Horwath said.
"It seems to me that it's just another example of this addiction that the government has to hiring consultants," Horvath added.
Langrish insists the government isn't looking to cut drug benefits with the McKinsey report.
"It has nothing to do with that," he said. "It's really trying to reduce the costs of generic drugs, reducing those costs as much as we possibly can because we're paying too much for drugs here."
The governing Liberals may think the Savattuq contracts were good value for money, but taxpayers are tired of seeing them bend the rules, said Progressive Conservative health critic Christine Elliott.
"Everything in health can presumably be said to be urgent because there are many pressing matters," she said.
"But the rules still need to be followed. The end doesn't justify the means."
Matthews has declined to make the McKinsey report public, saying the gist of its findings can be found on slides posted on the her ministry's website.
Those are based on a July presentation by Sapsford, which talks about delivering value for money in the provincial drug system, but makes no reference to McKinsey or the agency's recommendations.
A call to Stevenson's office for comment was not immediately returned Tuesday
CBC.CA
The Canadian Press
Untendered contracts totalling $1 million were awarded by the province to a consulting firm whose top executive was later appointed as one of the government's top health bureaucrats, The Canadian Press has learned.
Helen Stevenson, the assistant deputy minister and executive officer of Ontario's Public Drug Programs, was hired as a consultant in 2005 by the Health Ministry when she was president of Savattuq Inc., a government spokesman confirmed late Tuesday.
Between June 2005 and June 2007, the government gave Savattuq three sole-sourced contracts totalling just over $1 million, according to the provincial public accounts.
Stevenson was hired, in her capacity as a consultant, to head up the province's drug system secretariat, whose purpose was to develop and implement new strategies to manage the province's drug costs, said Health Ministry spokesman David Jensen.
More specifically, the secretariat was charged with producing a "plan of action" that would set directions for the province's drug system, including the Ontario Drug Benefits Program, over five to 10 years, Jensen said in an email.
The three contracts to Savattuq were sole-sourced "given the urgent need to move forward with transformational changes to the drug program," he said.
Those changes led to legislation — the Transparent Drug System for Patients Act — which has saved the province almost $700 million over two years, he said.
Contracts allowed at the time, government says
At the time, untendered contracts were permitted, Jensen said.
Premier Dalton McGuinty changed those rules recently after millions in untendered contracts at eHealth Ontario were brought to light.
Stevenson was appointed assistant deputy minister on June 14, 2007, after an open competition, and took over the executive director job from deputy minister of health Ron Sapsford, Jensen said.
The contract with Stevenson, who makes $275,717 a year in her current job plus $473.28 in benefits, was cancelled after her appointment, he said.
Ivan Langrish, a spokesman for Health Minister Deb Matthews, acknowledged that the contracts were sole-sourced.
"I think it's actually really a good thing," he said.
"We took someone basically from the private sector, had them then join the public sector to undergo basically a transformation of our drug strategy and look what we've managed to do. What we've managed to do is save some $700 million."
News of this latest untendered contract comes in the aftermath of a spending scandal over electronic health records at eHealth, where millions of dollars went out the door in untendered contracts.
The government is also looking to cut costs in an effort to tame a projected $24.7 billion deficit this year — the largest in the province's history.
NDP pans consultant 'addiction'
The Savattuq contracts and Stevenson's promotion raise serious questions about whether the governing Liberals are hiding a secret agenda to slash drug benefits, said NDP Leader Andrea Horwath.
The government is still concealing an untendered, $750,000 report by McKinsey & Co. into cost-cutting for generic drugs, which could end up cutting drug benefits to seniors and welfare recipients, Horwath said.
"It seems to me that it's just another example of this addiction that the government has to hiring consultants," Horvath added.
Langrish insists the government isn't looking to cut drug benefits with the McKinsey report.
"It has nothing to do with that," he said. "It's really trying to reduce the costs of generic drugs, reducing those costs as much as we possibly can because we're paying too much for drugs here."
The governing Liberals may think the Savattuq contracts were good value for money, but taxpayers are tired of seeing them bend the rules, said Progressive Conservative health critic Christine Elliott.
"Everything in health can presumably be said to be urgent because there are many pressing matters," she said.
"But the rules still need to be followed. The end doesn't justify the means."
Matthews has declined to make the McKinsey report public, saying the gist of its findings can be found on slides posted on the her ministry's website.
Those are based on a July presentation by Sapsford, which talks about delivering value for money in the provincial drug system, but makes no reference to McKinsey or the agency's recommendations.
A call to Stevenson's office for comment was not immediately returned Tuesday
CBC.CA
Friday, October 30, 2009
Union barks back at SIU
Says watchdog charging more cops in '09 to look tougher
The province's Special Investigations Unit and its director Ian Scott are charging more cops across the province to "fulfil a political agenda," Toronto's police union boss charges.
An attempt to make it look like the SIU is tougher on cops after the provincial ombudsman called it a "toothless tiger" may have resulted in some officers being wrongly charged, Mike McCormack and union lawyer Peter Brauti argue.
McCormack, who was elected to lead the 8,300-member Toronto Police Association earlier this month, told the Sun yesterday that the union is now taking the "unprecedented step" of independently reviewing all cases of Toronto Police officers who have been charged in 2009.
After reviewing those cases, they'll decide if they want to investigate others.
The union's criticism of the SIU comes in a year that has so far seen six Toronto officers charged by the police watchdog compared to none last year.
"There's an appearance that our members, based on the information that we have right now, that they're being charged to fulfil a political agenda of the director, Ian Scott," McCormack said.
"We're concerned right now with the overcharging -- that there are already some officers wrongfully charged," Brauti said.
SIU spokesman Monica Hudon said SIU investigations are motivated only by evidence.
"With respect to the higher number of charges, the Special Investigations Unit approaches each investigation with objectivity and without a bias of criminality," Hudon said.
According to the SIU data cited by Hudon, no Toronto officers were charged in 2008, while two (one a former Toronto Police officer) were charged in 2007. No Toronto cops were charged by the SIU in 2006. One was charged in 2005 and one in 2004.
So far in 2009, 13 officers across the province have been charged by the SIU. That's compared to three in 2008, six in 2007, two in 2006, three in 2005 and three in 2004.
Scott, a former Crown and defence lawyer, took over in October 2008 from outgoing SIU director James Cornish, who had served since 2004.
Scott wasn't available to comment yesterday.
The cop union leaders believe Scott is trying to make the SIU look like it is cracking down after Ombudsman Andre Marin's September 2008 report raised questions of whether the SIU was too lenient on police.
"We believe the political agenda is to justify his leadership of the SIU and we also feel it's a knee-jerk reaction to the Marin report," McCormack said.
McCormack and Brauti refused to say which specific cases were fuelling their claims, saying they are before the courts.
The six Toronto officers charged by the SIU so far in 2009 include:
* Const. Allan Racette was charged with assault after a suspected car thief was allegedly injured during his arrest.
* Consts. Edward Ing and John Cruz were each slapped with a charge of assault causing bodily harm after Gerrard St. resident Richard Moore was hospitalized after an altercation with police.
* Const. Boris Petkovic was charged with aggravated assault and discharging a firearm with intent in connection with an incident involving Toronto man Phabien Rhodius. The SIU alleges that Petkovic fired his gun twice at Rhodius, who was injured as a result. He later turned himself into police and when released from custody, contacted the SIU.
* Const. Ricardo Gomez was charged after a police chase that sent three people to hospital.
* Const. Jason Goss was charged after a 30-year-old man was allegedly injured during an arrest at Bloor St. W. and St. Clarens Ave.
The SIU, a civilian law enforcement agency that reports to the attorney general, investigates cases involving police that have resulted in serious injury, sexual assault or death.
McCormack accused the SIU of laying charges against officers when there has been no civilian injury and no possibility of criminal wrongdoing.
He also said officers have had their charter rights violated, personal property seized without warrants, and investigators have entered homes without a search warrant or consent.
"We're concerned about the erosion of officers' rights because if you go from a starting point that an SIU investigation is a criminal investigation, then there's no reason why those officers involved in those investigations deserve any less rights than anyone else," Brauti said.
Both the Toronto Police Association and the Ontario Provincial Police Association said they respect the role of the SIU, although McCormack said Toronto cops are feeling "mistrust" and "frustration" toward the organization.
BRETT.CLARKSON@SUNMEDIA.CA
Toronto Sun
The province's Special Investigations Unit and its director Ian Scott are charging more cops across the province to "fulfil a political agenda," Toronto's police union boss charges.
An attempt to make it look like the SIU is tougher on cops after the provincial ombudsman called it a "toothless tiger" may have resulted in some officers being wrongly charged, Mike McCormack and union lawyer Peter Brauti argue.
McCormack, who was elected to lead the 8,300-member Toronto Police Association earlier this month, told the Sun yesterday that the union is now taking the "unprecedented step" of independently reviewing all cases of Toronto Police officers who have been charged in 2009.
After reviewing those cases, they'll decide if they want to investigate others.
The union's criticism of the SIU comes in a year that has so far seen six Toronto officers charged by the police watchdog compared to none last year.
"There's an appearance that our members, based on the information that we have right now, that they're being charged to fulfil a political agenda of the director, Ian Scott," McCormack said.
"We're concerned right now with the overcharging -- that there are already some officers wrongfully charged," Brauti said.
SIU spokesman Monica Hudon said SIU investigations are motivated only by evidence.
"With respect to the higher number of charges, the Special Investigations Unit approaches each investigation with objectivity and without a bias of criminality," Hudon said.
According to the SIU data cited by Hudon, no Toronto officers were charged in 2008, while two (one a former Toronto Police officer) were charged in 2007. No Toronto cops were charged by the SIU in 2006. One was charged in 2005 and one in 2004.
So far in 2009, 13 officers across the province have been charged by the SIU. That's compared to three in 2008, six in 2007, two in 2006, three in 2005 and three in 2004.
Scott, a former Crown and defence lawyer, took over in October 2008 from outgoing SIU director James Cornish, who had served since 2004.
Scott wasn't available to comment yesterday.
The cop union leaders believe Scott is trying to make the SIU look like it is cracking down after Ombudsman Andre Marin's September 2008 report raised questions of whether the SIU was too lenient on police.
"We believe the political agenda is to justify his leadership of the SIU and we also feel it's a knee-jerk reaction to the Marin report," McCormack said.
McCormack and Brauti refused to say which specific cases were fuelling their claims, saying they are before the courts.
The six Toronto officers charged by the SIU so far in 2009 include:
* Const. Allan Racette was charged with assault after a suspected car thief was allegedly injured during his arrest.
* Consts. Edward Ing and John Cruz were each slapped with a charge of assault causing bodily harm after Gerrard St. resident Richard Moore was hospitalized after an altercation with police.
* Const. Boris Petkovic was charged with aggravated assault and discharging a firearm with intent in connection with an incident involving Toronto man Phabien Rhodius. The SIU alleges that Petkovic fired his gun twice at Rhodius, who was injured as a result. He later turned himself into police and when released from custody, contacted the SIU.
* Const. Ricardo Gomez was charged after a police chase that sent three people to hospital.
* Const. Jason Goss was charged after a 30-year-old man was allegedly injured during an arrest at Bloor St. W. and St. Clarens Ave.
The SIU, a civilian law enforcement agency that reports to the attorney general, investigates cases involving police that have resulted in serious injury, sexual assault or death.
McCormack accused the SIU of laying charges against officers when there has been no civilian injury and no possibility of criminal wrongdoing.
He also said officers have had their charter rights violated, personal property seized without warrants, and investigators have entered homes without a search warrant or consent.
"We're concerned about the erosion of officers' rights because if you go from a starting point that an SIU investigation is a criminal investigation, then there's no reason why those officers involved in those investigations deserve any less rights than anyone else," Brauti said.
Both the Toronto Police Association and the Ontario Provincial Police Association said they respect the role of the SIU, although McCormack said Toronto cops are feeling "mistrust" and "frustration" toward the organization.
BRETT.CLARKSON@SUNMEDIA.CA
Toronto Sun
McGuinty defends $81M Windsor Energy Centre
Premier Dalton McGuinty is defending an untendered, $81-million contract for an energy centre built to power a casino in Windsor.
He says his government took the right steps when awarding the contract for the Windsor Energy Centre "under the circumstances," because it had to keep the lights on at Caesars Windsor.
McGuinty says he's ended the practice of giving out contracts without competitive bids and that handing a sole-sourced deal to a consulting firm to operate the power plant was a special case.
Finance Minister Dwight Duncan, who represents the riding of Windsor-Tecumseh, has come under fire in recent weeks for the soaring cost of the energy centre, which he admits came in way over budget.
The Opposition has suggested that the plant, which was commissioned by the Ontario Lottery and Gaming Corp., amounts to political pork-barrelling, which Duncan denies.
Buttcon Energy Inc., which operated the plant until recently, has filed a $355-million lawsuit against the OLG alleging breach of contract.
Angus Consulting Management Ltd. is currently operating the plant in the short term.
CBC.CA
He says his government took the right steps when awarding the contract for the Windsor Energy Centre "under the circumstances," because it had to keep the lights on at Caesars Windsor.
McGuinty says he's ended the practice of giving out contracts without competitive bids and that handing a sole-sourced deal to a consulting firm to operate the power plant was a special case.
Finance Minister Dwight Duncan, who represents the riding of Windsor-Tecumseh, has come under fire in recent weeks for the soaring cost of the energy centre, which he admits came in way over budget.
The Opposition has suggested that the plant, which was commissioned by the Ontario Lottery and Gaming Corp., amounts to political pork-barrelling, which Duncan denies.
Buttcon Energy Inc., which operated the plant until recently, has filed a $355-million lawsuit against the OLG alleging breach of contract.
Angus Consulting Management Ltd. is currently operating the plant in the short term.
CBC.CA
Thursday, October 29, 2009
DBRS Downgrades Province of Ontario to AA (low) and R-1 (middle) on Continued Fiscal Erosion
DBRS has downgraded the long-term rating of the Province of Ontario (the Province or Ontario) to AA (low) from AA as a result of the considerable erosion reported today in the Province’s already depressed debt and fiscal outlooks. While the trend on the short-term rating was held Stable when the long-term trend was revised to Negative last June, DBRS has also downgraded the short-term rating to R-1 (middle) due to the extent of the deficits now foreseen for the next three years and the pressure this is expected to place on the borrowing program, which will require a much greater use of short-term debt. The long-term ratings of the Ontario School Boards Financing Corporation, Ontario Power Authority, University Health Network, MaRS Development Trust and the Ontario Electricity Financial Corporation are also being downgraded by one notch given their strong ties to the Province. All trends are now Stable.
Based on the Q2 2009 update, the Province is now looking at a deficit of nearly $32 billion or 5.6% of GDP for this year on a DBRS-adjusted basis (including capital expenditures on a pay-as-you-go basis rather than as amortized), up 50% from the forecast available at the time of the budget. This also marks a notable deterioration from the Q1 2009 update released last June, which captured the effect of the auto sector bailout and rapidly declining tax revenues and led DBRS to change its trend on the long-term rating to Negative from Stable. The latest revisions are primarily the result of dampening tax collection due in part to the ongoing recession, and increased pressure on social program spending. Faced with a weaker-than-expected tax base, the Province has also trimmed its medium-term outlook, with DBRS-adjusted shortfalls of $27 billion to $30 billion now expected for the next two years, up from previous estimates of $17 billion to $21 billion.
Total debt as measured by DBRS is now projected to increase by 22% in 2009-2010 alone, and by 11% to 14% over the following two fiscal years. This will in turn boost Ontario’s debt-to-GDP-ratio from 29% at March 31, 2009, to approximately 37% by fiscal year-end, the third-highest level of all provinces, and to a peak as high as 43% by 2011-2012, well in excess of the level recorded at the onset of the early 1990s recession.
DBRS continues to take comfort in the scale and diversification of the provincial economy and expects Ontario to eventually regain its place among the provincial growth leaders. However, the uncertain pace of the global economic recovery still points to downside risk for the rest of the fiscal year, especially for Ontario given the adverse effect the strong Canadian dollar has on its large manufacturing base. More importantly, the limited success at containing in-year expenditure pressure raises considerable doubt about the Province’s fiscal resolve and ability to return to balance by 2015-16, as projected in the spring budget. Furthermore, the poor performance foreseen for the years to come will boost the debt burden to the highest level on record. As such, in the absence of notable tax increases or a meaningful effort to rein in expenditures, restoring the debt burden to the level enjoyed by the Province prior to the downturn could take more than a decade.
Notes:
All figures are in Canadian dollars unless otherwise noted.
The applicable methodology is Rating Canadian Provincial Governments, which can be found on our website under Methodologies.
This is a Corporate (Public Finance) rating.
For more information on this credit or on this industry, visit www.dbrs.com or contact us at info@dbrs.com.
DBRS.COM
Based on the Q2 2009 update, the Province is now looking at a deficit of nearly $32 billion or 5.6% of GDP for this year on a DBRS-adjusted basis (including capital expenditures on a pay-as-you-go basis rather than as amortized), up 50% from the forecast available at the time of the budget. This also marks a notable deterioration from the Q1 2009 update released last June, which captured the effect of the auto sector bailout and rapidly declining tax revenues and led DBRS to change its trend on the long-term rating to Negative from Stable. The latest revisions are primarily the result of dampening tax collection due in part to the ongoing recession, and increased pressure on social program spending. Faced with a weaker-than-expected tax base, the Province has also trimmed its medium-term outlook, with DBRS-adjusted shortfalls of $27 billion to $30 billion now expected for the next two years, up from previous estimates of $17 billion to $21 billion.
Total debt as measured by DBRS is now projected to increase by 22% in 2009-2010 alone, and by 11% to 14% over the following two fiscal years. This will in turn boost Ontario’s debt-to-GDP-ratio from 29% at March 31, 2009, to approximately 37% by fiscal year-end, the third-highest level of all provinces, and to a peak as high as 43% by 2011-2012, well in excess of the level recorded at the onset of the early 1990s recession.
DBRS continues to take comfort in the scale and diversification of the provincial economy and expects Ontario to eventually regain its place among the provincial growth leaders. However, the uncertain pace of the global economic recovery still points to downside risk for the rest of the fiscal year, especially for Ontario given the adverse effect the strong Canadian dollar has on its large manufacturing base. More importantly, the limited success at containing in-year expenditure pressure raises considerable doubt about the Province’s fiscal resolve and ability to return to balance by 2015-16, as projected in the spring budget. Furthermore, the poor performance foreseen for the years to come will boost the debt burden to the highest level on record. As such, in the absence of notable tax increases or a meaningful effort to rein in expenditures, restoring the debt burden to the level enjoyed by the Province prior to the downturn could take more than a decade.
Notes:
All figures are in Canadian dollars unless otherwise noted.
The applicable methodology is Rating Canadian Provincial Governments, which can be found on our website under Methodologies.
This is a Corporate (Public Finance) rating.
For more information on this credit or on this industry, visit www.dbrs.com or contact us at info@dbrs.com.
DBRS.COM
Monday, October 26, 2009
MPP faces charge after traffic accident
Monday, October 26, 2009
A member of the Ontario legislature is facing a charge after a traffic accident on Friday.
Liberal MPP Kuldip Kular, who represents the riding of Bramalea-Gore-Malton, northwest of Toronto, will be charged with leaving the scene of an accident, Peel regional police said.
Police say a car struck a pedestrian at about 7 p.m. Friday.
Witnesses told police the driver apparently got out of his car and spoke to the pedestrian, who was not seriously injured. A few minutes later the driver got back in his car and drove away.
Police say the driver did not provide all of the information required under the circumstances and will be charged with failing to remain.
The charge is not a criminal offence. Police say Kular will be issued a ticket with a court date.
If he is convicted, he could face a fine.
CBC.CA
A member of the Ontario legislature is facing a charge after a traffic accident on Friday.
Liberal MPP Kuldip Kular, who represents the riding of Bramalea-Gore-Malton, northwest of Toronto, will be charged with leaving the scene of an accident, Peel regional police said.
Police say a car struck a pedestrian at about 7 p.m. Friday.
Witnesses told police the driver apparently got out of his car and spoke to the pedestrian, who was not seriously injured. A few minutes later the driver got back in his car and drove away.
Police say the driver did not provide all of the information required under the circumstances and will be charged with failing to remain.
The charge is not a criminal offence. Police say Kular will be issued a ticket with a court date.
If he is convicted, he could face a fine.
CBC.CA
Toronto cops face assault charges
Monday, October 26, 2009
Two Toronto police officers are facing assault charges following an incident earlier this year.
Const. Edward Ing and Const. John Cruz, were dealing with an individual on Gerrard Street East on April 24, at about 11 p.m., when they were approached by Richard Moore.
Moore, 58, exchanged words with the officers. An altercation ensued and Moore was taken St. Michael's Hospital for treatment of injuries.
The province's Special Investigations Unit was called in to investigate and on Monday it issued a news release saying assault charges have been laid against Ing and Cruz.
The two officers will make their first court appearances in November.
CBC.CA
Two Toronto police officers are facing assault charges following an incident earlier this year.
Const. Edward Ing and Const. John Cruz, were dealing with an individual on Gerrard Street East on April 24, at about 11 p.m., when they were approached by Richard Moore.
Moore, 58, exchanged words with the officers. An altercation ensued and Moore was taken St. Michael's Hospital for treatment of injuries.
The province's Special Investigations Unit was called in to investigate and on Monday it issued a news release saying assault charges have been laid against Ing and Cruz.
The two officers will make their first court appearances in November.
CBC.CA
Saturday, October 24, 2009
Toronto police officer charged with drunk driving
Another booze cruising police officer, a police officer that can seize the automobile your driving for SEVEN days for allegedly anything he deems to be a stunt, before any court date, thanks to car crushing, bicycle crushing, whatever way you want to look a it, Michael Bryant
It's a good thing our police officer's don't make mistakes or we'd have a lot more then ELEVEN THOUSAND damn street racers in Ontario!
.....................................................
October 23, 2009 | 5:39 PM ET
Toronto police have charged one of their own with a drinking and driving offence.
Police allege a speeding car slid onto a front lawn yesterday when the driver tried to brake at an intersection in Toronto's east end.
Const. Matthew Allard, 28, is charged with driving over the legal blood-alcohol limit.
Allard is scheduled to appear in court on Dec. 14.
CBC.CA
It's a good thing our police officer's don't make mistakes or we'd have a lot more then ELEVEN THOUSAND damn street racers in Ontario!
.....................................................
October 23, 2009 | 5:39 PM ET
Toronto police have charged one of their own with a drinking and driving offence.
Police allege a speeding car slid onto a front lawn yesterday when the driver tried to brake at an intersection in Toronto's east end.
Const. Matthew Allard, 28, is charged with driving over the legal blood-alcohol limit.
Allard is scheduled to appear in court on Dec. 14.
CBC.CA
Wednesday, October 21, 2009
Canada's worst government!
Donna and Daddy Dalton at it again!
...........................................
Terence Corcoran, Financial Post
Published: Saturday, October 17, 2009
Every now and then a province falls into the hands of blundering politicians so inept that their government ends up deserving of the title "Canada's Worst Government." It's a rare award. At any time somebody has to be the worst, but no award for routine bottom-of-the-barrel performance seems necessary. Occasionally, however, the metric of incompetence is so large and conspicuousit demands special recognition. The Liberal regime of Ontario Premier Dalton McGuinty, now slipping into deep deficits that are likely to exceed $30-billion over two years and continue into the future, has hit the tipping point and triggered its candidacy as Canada's Worst Government.
The new deficit outlook, announced yes terday and to be documented in a fiscal statement next week, comes in the wake of Ontario's $1-billion eHealth fiasco. That followed the province's Green Energy Act, a plan to force electricity users to pay 80 cents for a kilowatt hour of solar power and subsidize scores of industrial rent seekers. The province is also a leading promoter of endless nanny state rules and regulations that serve no purpose except to give the premier an opportunity to issue a statement and deliver one of his patented sanctimonious speeches.
Below the radar of media attention, there is more. This is about one of those so-far unrecognized bits of McGuinty Liberal bungling. Next week, the Ontario legislature will begin taking another look at two monster pieces of legislation allegedly aimed at bringing new order to the province's shambling mining legislation. First is Bill 173, the Mining Amendment Act, which among other things is an attempt to bring Aboriginal communities into the administration of the province's scatter-brained mining laws. Second is Bill 191, the Far North Act. It also attempts to bring Aboriginal participaton into decision-making over resource development of Ontario's far north. What these two bills actually do, however, is trample on everybody's property rights, from First Nation rights to the rights of cottage owners caught in the murky legislation that sets out mineral rights across the province.
The only happy campers here are green activists -- theWorld Wildlife Fund, Environmental Defense, various Wildlands groups -- whose concern for property and other individual or corporate rights is as deep and sincere as a beer commercial. Under the Far North Act, all territory north of the 51st parallel -- a 450-square-kilometre mass of land north of Timmins and Thunder Bay that makes up about 40% of the province -- is set to become permanently out of bounds for all exploration and development. About half of that territory, 225,000 square kilometres, will be locked down as conservation lands. The other half will theoretically be open to exploration and development, but nobody looking at Bill 191 sees any hope that any mine or any other kind of development will ever take place.
Only about 24,000 people live in First Nation communities in Ontario's Far North. One of those First Nations, the Nishnawbe Aski, declared its total opposition to Bill 191 after it was introduced last summer. Grand Chief Stan Beardy called for immediate withdrawal of the bill. He said the 225,000-square-kilometre conser vation area, established without consultation or consent, will prevent his people "from achieving economic independence by preventing development needed to build our communities and strengthen the Ontario economy. "
Under Bill 191, in other words, Ontario confiscates half the far north and declares it a no-go zone, killing all development in the conservation area. But not much will happen on the other half of the far north territory under the convoluted "community-based land use planning" system set up under the draconian provisions of the bill. The province's mining groups say the planning structure is a perverse attempt to carry out convoluted legal provisions that guarantee First Nations be consulted before development takes place on Crown lands.
All of this is fallout from the Supreme Court's famous Haida decision and other rulings that force governments in Canada to consult with First Nations when dealing with the possible existence of treaty rights. Whatever the merits of those decisions, Toronto lawyer Neil Smitheman, with Fasken Martineau Du Moulin, says the Ontario government appears to be setting up structures that effectively allows the government to side step its duty and pass the burden of consultation on to the mining and mineral development industry. "To the extent that the legislative ammendments 'download' or delegate to industry what is properly the Crown's duty, the new legislation could be deemed ultra vires, or beyond the scope of the Province's legislative power. "
Industry officials say that under Bill 191 no exploration or development will ever take place in Ontario's far north. Jon Baird, executive director of the Prospectors and Developers Association, said yesterday "no self-respecting MPP should vote for this." Bill 191, and its sister Bill 173 (which applies to territory south of the far north region) grant massive arbitrary power to the Ontario Minister of Natural Resources and bureaucrats. Rulings are not appealable, no hearings need be called, environmental assessments are suspended.
The two bills are making their way through the legislature, with the government using closure to close down debate and bending the rules to get them through the legislative process. The Minister, Donna Cansfield, seems to be carrying out orders, even as nobody supports the bills except the greens and groups like the Canadian Borealis Initiative. They welcome the land set-aside as a new carbon sink, as one of the "largest ecosystems on earth" and the home of caribou and other wildlife.
The mining industry may not like that. On the other hand, the Canadian Mining Association is a member of the Canadian Borealis Initiative. No wonder Ontario's far north will soon be out of bounds.
National Post
...........................................
Terence Corcoran, Financial Post
Published: Saturday, October 17, 2009
Every now and then a province falls into the hands of blundering politicians so inept that their government ends up deserving of the title "Canada's Worst Government." It's a rare award. At any time somebody has to be the worst, but no award for routine bottom-of-the-barrel performance seems necessary. Occasionally, however, the metric of incompetence is so large and conspicuousit demands special recognition. The Liberal regime of Ontario Premier Dalton McGuinty, now slipping into deep deficits that are likely to exceed $30-billion over two years and continue into the future, has hit the tipping point and triggered its candidacy as Canada's Worst Government.
The new deficit outlook, announced yes terday and to be documented in a fiscal statement next week, comes in the wake of Ontario's $1-billion eHealth fiasco. That followed the province's Green Energy Act, a plan to force electricity users to pay 80 cents for a kilowatt hour of solar power and subsidize scores of industrial rent seekers. The province is also a leading promoter of endless nanny state rules and regulations that serve no purpose except to give the premier an opportunity to issue a statement and deliver one of his patented sanctimonious speeches.
Below the radar of media attention, there is more. This is about one of those so-far unrecognized bits of McGuinty Liberal bungling. Next week, the Ontario legislature will begin taking another look at two monster pieces of legislation allegedly aimed at bringing new order to the province's shambling mining legislation. First is Bill 173, the Mining Amendment Act, which among other things is an attempt to bring Aboriginal communities into the administration of the province's scatter-brained mining laws. Second is Bill 191, the Far North Act. It also attempts to bring Aboriginal participaton into decision-making over resource development of Ontario's far north. What these two bills actually do, however, is trample on everybody's property rights, from First Nation rights to the rights of cottage owners caught in the murky legislation that sets out mineral rights across the province.
The only happy campers here are green activists -- theWorld Wildlife Fund, Environmental Defense, various Wildlands groups -- whose concern for property and other individual or corporate rights is as deep and sincere as a beer commercial. Under the Far North Act, all territory north of the 51st parallel -- a 450-square-kilometre mass of land north of Timmins and Thunder Bay that makes up about 40% of the province -- is set to become permanently out of bounds for all exploration and development. About half of that territory, 225,000 square kilometres, will be locked down as conservation lands. The other half will theoretically be open to exploration and development, but nobody looking at Bill 191 sees any hope that any mine or any other kind of development will ever take place.
Only about 24,000 people live in First Nation communities in Ontario's Far North. One of those First Nations, the Nishnawbe Aski, declared its total opposition to Bill 191 after it was introduced last summer. Grand Chief Stan Beardy called for immediate withdrawal of the bill. He said the 225,000-square-kilometre conser vation area, established without consultation or consent, will prevent his people "from achieving economic independence by preventing development needed to build our communities and strengthen the Ontario economy. "
Under Bill 191, in other words, Ontario confiscates half the far north and declares it a no-go zone, killing all development in the conservation area. But not much will happen on the other half of the far north territory under the convoluted "community-based land use planning" system set up under the draconian provisions of the bill. The province's mining groups say the planning structure is a perverse attempt to carry out convoluted legal provisions that guarantee First Nations be consulted before development takes place on Crown lands.
All of this is fallout from the Supreme Court's famous Haida decision and other rulings that force governments in Canada to consult with First Nations when dealing with the possible existence of treaty rights. Whatever the merits of those decisions, Toronto lawyer Neil Smitheman, with Fasken Martineau Du Moulin, says the Ontario government appears to be setting up structures that effectively allows the government to side step its duty and pass the burden of consultation on to the mining and mineral development industry. "To the extent that the legislative ammendments 'download' or delegate to industry what is properly the Crown's duty, the new legislation could be deemed ultra vires, or beyond the scope of the Province's legislative power. "
Industry officials say that under Bill 191 no exploration or development will ever take place in Ontario's far north. Jon Baird, executive director of the Prospectors and Developers Association, said yesterday "no self-respecting MPP should vote for this." Bill 191, and its sister Bill 173 (which applies to territory south of the far north region) grant massive arbitrary power to the Ontario Minister of Natural Resources and bureaucrats. Rulings are not appealable, no hearings need be called, environmental assessments are suspended.
The two bills are making their way through the legislature, with the government using closure to close down debate and bending the rules to get them through the legislative process. The Minister, Donna Cansfield, seems to be carrying out orders, even as nobody supports the bills except the greens and groups like the Canadian Borealis Initiative. They welcome the land set-aside as a new carbon sink, as one of the "largest ecosystems on earth" and the home of caribou and other wildlife.
The mining industry may not like that. On the other hand, the Canadian Mining Association is a member of the Canadian Borealis Initiative. No wonder Ontario's far north will soon be out of bounds.
National Post
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No more taxes after HST...I promise!
They had No Choice!
They wore these or I took away thier toys for 7 days!
No kidding!
"Damn Street Racer"pays with Brusies
