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Decision on Disposition and Penalty

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Decision on Disposition and Penalty OTTAWA POLICE SERVICE DISCIPLINE HEARING IN THE MATTER OF ONTARIO REGULATION 268/10 MADE UNDER THE POLICE SERVICES ACT, RSO 1990, AND THE AMENDMENTS THERETO; THE OTTAWA POLICE SERVICE AND CONSTABLE JAMES MONROE #2120 DECISION ON DISPOSITION AND PENALTY Appearances: Counsel for the Prosecution: Mr. Shawn Cléroux Non-Legal Representation for the Defence: Mr. Pat Laflamme Before: Superintendent Mark Patterson Ottawa Police Service Designated Hearing Officer January 8th, 2021 1 Before commencing with my decision and penalty regarding this matter I would like to thank Mr. Pat Laflamme, the non-legal representative for Constable Monroe and Mr. Shawn Cléroux, the Service prosecutor for their submissions as to penalty and exhibits tendered and all the work that went into the agreed statement of facts. I have taken all into consideration which has assisted me in reaching my decision. This decision is parsed into the following parts: PART I: OVERVIEW PART II: SUMMARY OF MISCONDUCT PART III: ANALYSIS PART IV: DISPOSITION ON PENALTY Part I: OVERVIEW Allegations and Particulars of Misconduct include the following; Constable Monroe did commit discreditable conduct by being found guilty of a criminal offence that is an indictable offence or an offence punishable upon summary conviction, namely, in that on October 15, 2020 he was convicted of Operating a Conveyance with a blood alcohol concentration over 80 mgs of alcohol in 100 ml of blood, contrary to Section 320.14(1)(b) of the Criminal Code of Canada, before the Honourable Justice J.S. Brunet, Ontario Court of Justice, thereby constituting an offence against discipline as prescribed in Section 2(1)(a)(xi) of the Code of Conduct, Ontario Regulation 268/10, as amended, and therefore contrary to Section 80(1) of the Police Services Act, R.S.O. 1990, as amended. Plea A Hearing was held on Friday December 11th, 2020 in which Constable Monroe pleaded guilty to one count of discreditable conduct. As the Hearing Officer I accepted the guilty plea on clear and convincing evidence. As a result of this plea, a joint submission on penalty was submitted in which both parties agreed that the appropriate disposition would be a demotion, for Constable James Monroe, from the rank 2 of First-Class Constable to the rank of Second-Class Constable for a period of twelve (12) months in accordance with section 85(1)(C) of the Police Services Act. Further Constable James Monroe, paired with an impaired driving educational professional, will speak to the next three (3) successive classes of new recruits at Ottawa Police Service on the perils and repercussions of drinking and driving as a member of the Police Service in accordance with section 85(7)(C) of the Police Services Act. Part II: Summary of Misconduct The following exhibits / evidence were tendered: 1. Designation Order Superintendent Patterson 2. Designation Order Lara Malashenko 3. Designation Order Shawn Cléroux 4. Designation Order Christine Huneault 5. Notice of hearing dated May 28th , 2020 6. Notice of increase of penalty dated May 28th , 2020 7. Letter for charges to be stayed 8. Letter non-legal defence representation by Patrick Laflamme for Constable Monroe 9. Notice of 2nd hearing dated Nov 26th , 2020 10. Notice of increase of penalty dated Nov 26th ,2020 11. Agreed Statement of facts 12. Joint submission on penalty 13. Book of authorities 14. Letter to Chief Sloly from Constable James Monroe Agreed Statement of Facts An agreed statement of facts (Exhibit #11) was presented and read on record by the prosecutor, Mr. Cléroux, at the December 11th, 2020 hearing and as follows; 3 1. The subject officer, Constable James Monroe (cadre #2120) is a sworn member of the Ottawa Police Service (OPS). Constable Monroe has been a police officer with the OPS since 2009. 2. On May 4th, 2020, at approximately 1:42 p.m., a witness called 911 to report a possible impaired driver. That driver was later identified as Constable James Monroe of the OPS. 3. On May 4th, 2020, Constable James Monroe was off-duty and operating his own personal motor vehicle in the area of Old Montreal Road and Dairy Drive in the City of Ottawa. 4. Constable James Monroe was observed by witnesses driving westbound on Old Montreal Road erratically, swerving in and out of oncoming traffic, and going over the shoulder of the roadway. 5. Constable James Monroe was then observed to have turned into the Cardinal Creek New Homes Subdivision located off Old Montreal Road, hitting the right-hand shoulder and stopping briefly, then making a U-turn over the centre median and into the garden area of the subdivision. Constable James Monroe then backed up into the garden, returned to the roadway and continued westbound on Old Montreal Road. 6. Constable James Monroe was later observed turning north onto Dairy Drive, briefly stopping, and almost driving into the ditch on the east side of the roadway. A second witness called 911 to report that the vehicle had stopped at this location, where Constable James Monroe was eventually found by police. 7. During the responding officer’s roadside investigation, Constable James Monroe showed many signs of impairment, such as the odour of alcohol emanating from his breath, glossy eyes, very slow movements, and difficulty keeping his upper body and head steady. 8. When asked to remove his seatbelt, Constable James Monroe had difficulty taking it off and repeatedly tangled it up with the hand-break of his vehicle located in the centre console. 4 9. While stepping out of the vehicle at the request of police, Constable James Monroe was unsteady on his feet and had to be helped by officers to stand up. While standing up, he had to rely on his vehicle to prop up his body. 10. The responding officer formed reasonable grounds to believe that Constable James Monroe was operating a motor vehicle while his abilities were impaired by alcohol. 11. Constable James Monroe was arrested for impaired operation of a conveyance and was transported to the Ottawa Police Service Central Division cellblock, located at 474 Elgin Street in Ottawa, where he provided two suitable breath samples. 12. Constable James Monroe provided his first suitable breath sample, which registered 198 milligrams per 100 milliliters of blood. Shortly thereafter, Constable James Monroe provided his second suitable breath sample, which registered 200 milligrams per 100 milliliters of blood. 13. Constable James Monroe was criminally charged with operating a motor vehicle while impaired contrary to section 320.14(1)(a) of the Criminal Code of Canada, and with having a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 milliliters of blood within two hours after ceasing to operate a conveyance, contrary to section 320.14(1)(b) of the Criminal Code of Canada. 14. On October 15th, 2020, before the Honourable Justice J.S. Brunet of the Ontario Court of Justice, Constable James Monroe pled guilty to, and was found guilty of, the section 320.14(1)(b) charge under the Criminal Code of Canada and received a $2600 fine as well as a one-year driving prohibition. Attached to this Agreed Statement of Facts and marked as Appendix “A” is a transcript of Justice J.S. Brunet’s decision. 15. Constable James Monroe cooperated fully throughout both the criminal matter and the Ottawa Police Service Professional Standards Section investigation. 5 Part III: Analysis 1. As a starting point it is important and most helpful to clearly state the objectives of police discipline, which are to: i) Correct unacceptable behaviour; ii) Deter others from similar behaviour; iii) Assure the public that the police are under control. To cover these objectives, I will speak directly to the eight of the established 15 disposition considerations that were argued by the prosecutor, Mr. Cléroux, during his submissions, being: Public interest • Seriousness of misconduct • Recognition of the seriousness of misconduct • Potential to reform the officer • Specific and general deterrence • Damage to the reputation of the police service / effect of publicity • Employment history • Consistency of disposition Public Interest 2. Police officers are held by the public at a higher level of trust and accountability. Unprofessional conduct by an officer, both on and off duty, damages the public trust in confidence in the individual officer as well at the police service. For this very reason the penalty in which I impose on Constable Monroe must impress upon the public that his misconduct draws upon appropriate sanctions under the Police Services Act. Constable Monroe’s conduct on May 4th, 2020 fell well below the expectation that the public holds on police officers. The Ottawa Police Service (OPS), like all others, takes intoxicated driving offences quite seriously and in doing so engages in numerous traffic safety initiatives and campaigns, like that of RIDE (Reduce Impaired Driving Everywhere) program. When Constable Monroe an Ottawa Police Officer consumed a level of alcohol and made the decision to drive, he committed a serious criminal act putting public safety at risk and showing no regard for the law in which Constable Monroe took an oath to uphold. When Constable Monroe committed this criminal act it certainly damages the aforementioned safety programs that the Ottawa Police Services proudly partakes in. 6 Seriousness of the Misconduct 3. Mr. Cléroux, the assigned prosecutor, submitted that Constable Monroe’s behaviour placed himself and members of the public at risk. Constable Monroe was observed by members of the public driving erratically in and out of oncoming traffic, going over the shoulder of the roadway, and later, driving into the garden area of a subdivision. Upon being stopped by police Constable Monroe exhibited many signs of impairment, had difficulty removing his seatbelt and required assistance both to exit the vehicle and to remain standing.
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