More than a dozen Peel cops were found guilty of crimes since 2017, records
show. None lost their jobs
Weapon charges, fraud among offences committed by Peel officers, CBC analysis of
disciplinary rulings shows
Apr 06, 2023
Michelle O'Neill's ex-boyfriend, veteran Peel Regional Police officer Amarjit
Rehan, pleaded guilty in July 2020 to a criminal charge of being unlawfully in
her home. Peel police confirmed in November that Rehan was still a member of the
service on regular duties. (Hugo Levesque/CBC)
When Michelle O'Neill awoke in the middle of the night in July 2019, she thought
she was imagining the figure she saw in the darkness.
Instead, Amarjit Rehan, her ex-boyfriend and a veteranPeel
Regional Police officer, was sitting on her bed, holding her phone, and speaking
incoherently. He had broken in through her window.
"I was absolutely, 100 per cent, afraid for my life," O'Neill told CBC Toronto
in a recent interview.
Rehan was one of dozens named in a collection of recent disciplinary tribunal
rulings released to CBC Toronto.
Last August, CBC Toronto requested all Peel police disciplinary findings since
2017. The service released more than 40 rulings, detailing hearings under
Ontario's Police Services Act.
The records show morethan a dozen
officers were found guilty of criminal offences before being convicted at the
disciplinary tribunal. Those offences span a variety of crimes, including
drinking and driving offences, forgery,weapons
offences, andmultiple officers found
guilty of criminal assault.
None of those officers were fired.
Other officers were charged with criminaloffencesand
then acquitted, or found guilty under legislation like the Highway Traffic Act.
Three officers named in the records lost their jobs.One,
with a history of misconduct, was found to have repeatedly lied to a superior
and neglected workplace duties, including attending court. Another made several
false benefits claims. A third appealed his dismissal for sexual misconduct, but
retired before the matter was completed.
One case recently posted on Peel's website, which was not included among the
records previously released to CBC Toronto, describes a fourth officer being
ordered to resign or be dismissed. Some of the rulings reviewed by CBC Toronto
contain apparent references to other cases that Peel police did not release.
'There is a double standard': advocate
Abby Deshman, former director of the Canadian Civil Liberties Association's
criminal justice program, said she does not believe every officer convicted of a
crime should lose their job. But she said it is clear a criminal conviction is a
larger obstacle for an ordinary citizen than a police officer.
"There is a double standard," Deshman said. "Many people are summarily
dismissed… even on… the basis of a criminal allegation that hasn't been
proven."
An officer's positive employment history and acceptance of responsibility for
misconduct can mitigate their penalty before a disciplinary tribunal. Past
misconduct and other factors can have the opposite impact on an officer's
penalty.
Ottawa lawyer Joël Dubois, who has worked for multiple police services,
including Peel police, said tribunals see charges that contradict an officer's
duty to uphold the law as particularly serious. These include charges connected
to dishonesty and criminal convictions, Dubois said.
When a tribunal is considering dismissal, Dubois said, it asks whether an
officer is still useful to the service and the public.
"The analysis is whether or not, taking into consideration all of the sentencing
factors … that police officer can still be,if
you will, quote-unquote useful," Dubois said.
Victim says she 'second-guessed' herself
Like most of the officers named in the records released to CBC Toronto, Rehan
pleaded guilty rather than contest the charge against him in his subsequent
internal disciplinary hearing.
He was arrested and pleaded guilty in 2020 to a criminal charge of being
unlawfully in O'Neill's home. Brian Micner, Rehan's criminal lawyer, declined to
comment.
Rehan's rank was reduced to second-class police constable for eight months after
a disciplinary hearing, and he was ordered to complete a "partner assault
response program," among other conditions. His representative at the tribunal
said the penalty would entail $13,500 in lost salary, according to hearing
records.
Peel Regional Police confirmed in November that Rehan was still a member of the
service on regular duties but said it couldn't comment further on individual
cases.
It did say the disciplinary process is aimed at corrective action against
officers whenever possible.
"While there are certainly some instances of serious misconduct that can be
aggravating enough, on their own, that they warrant dismissal, the Police
Services Act also requires hearing officers to treat the respondent police
officer with a view to fairness and a focus on corrective discipline as opposed
to punitive discipline," Sgt. Jennifer Trimble said in an email.
The night of the break-in, O'Neill said she had fallen asleep while compiling
records of her communications with Rehan.
During the course of their on-and-off relationship, O'Neill said Rehan was often
verbally abusive, "volatile," and threatened to use his police powers to have
her arrested and destroy her career as a naturopath.
"He told me on numerous occasions he wanted to watch me die," O'Neill said.
O'Neill said she doesn't recall what she said to convince Rehan to leave after
the break-in. She said she remained calm as Rehan, whom she described as
"visibly impaired," stumbledthrough
her home, telling her she should have remembered to lock her door.
"Single female — I live alone. I've never not locked my door," O'Neill said. "I,
again … for the hundredth time in our relationship, second-guessed myself."
Police repeatedly kicked impaired driving suspect
Other disciplinary records include a ruling for Const. Sunny Mukhi, found guilty
of criminal assault alongside Const. Roman Marchyshyn in 2021. A tribunal
ordered Mukhi's rank reduced from first- to second-class constable for six
months. Both officers received conditional discharges, according to tribunal
records.
The assault involved a driver named Conan Hamdani.
Hamdani was intoxicated when he ran a red light in front of Mukhi before
speeding away in a Land Rover, according to a judge's ruling from the criminal
proceeding. Mukhi followed Hamdani, who leapt from the vehicle while it was
still moving, and the chase continued on foot.
Surveillance video filed in court and viewed by CBC Toronto shows the officers
finding Hamdani hiding underneath a backyard barbecue. They beat him as he lays
on the ground.
Surveillance video captures the arrest of Conan Hamdani by Peel
Regional Police officers in 2021. Hamdani had fled from the officers
after driving through a red light while intoxicated, according to a
judge’s ruling from a criminal proceeding. Two officers, Const.
Sunny Mukhi and Const. Roman Marchyshyn, were found guilty of
assault for their role in the arrest.
A Peel spokesperson said
that Marchyshyn pleaded guilty to one count of discreditable conduct in
February, but a penalty decision had not been released.
Both Mukhi and
Marchyshyn remain employed with the force as constables on regular
duties, the spokesperson said.
CBC News contacted both
officers by email but did not receive a response.
As a result of the
assault, Hamdani and his wife filed a lawsuit against the officers, Peel
police officials, and the police service board. Hamdani's lawyer, DarrenSederoff, said
the lawsuit was eventually settled and aconfidentiality
agreementprevented him from
sharing details.
Hamdani's own charges
were withdrawnat the request
of the Crown, according to the statement of claim.
Officer assaulted man
with mental health issues
In May 2021,
Const. Abdul Deffie escorted a suspect experiencing mental health issues
arrested for mischiefto the
Brampton Civic Hospital.
When the suspect grabbed
paperwork from Deffie and ripped it up, the officer held him down on a
bed "and delivered multiple closed fist strikes," according to a
tribunal ruling.Deffie
stopped when a nurse intervened.
Citing several
mitigating factors, including Deffie's employment history, a hearing
officer ordered him to forfeit 10 eight-hour days' pay and complete
additional training.
Deffie too remains
employed as a constable with Peel police on "regular duties," a
spokesperson said.
CBC News contacted
Deffie by email but did not receive a response.
Yet another one of the
officers named in the documents may have avoided dismissal by retiring.
According to a summary of tribunal testimony, Cst. Timothy Brooks
entered a room at a Brampton Motel 6 where a sex worker had just
finished meeting with a client. The woman testified that she was
partially covering herself with a small towel when she answered a knock
at her door. The woman and Brooks spoke at her door, and the officer
entered the room when the woman went to answer her phone.
Brooks, touched the
woman's thigh and shoulders, and asked her what she charged for oral
sex, the summary said. He said he would return when his shift ended,
according to a summary of the woman's testimony.
The woman reported her
interaction with Brooks after she and her boyfriend were arrested later
that day.
The tribunal also heard
Brooks was previously disciplined for sexual misconduct, including
downloading and viewing pornography on duty, in a case reported by the Toronto
Star in 2015.
The veteran officer was
dismissed for one count of discreditable conduct related to the
interaction at theMotel 6,
and received a forfeiture of eight days' pay for a second charge related
to note-taking.
Brooks appealed to the
Ontario Civilian Police Commission, but a ruling posted online says he
retired before the matter was completed.
Brooks denied the
woman's story in an interview with internal affairs detectives, saying
he never touched her, asked about oral sex, or became aroused. Brooks
also said the woman was worried someone would see them speaking, and
asked the officer to step into the hotel room. He said he also suggested
she put some clothing on, according to an interview transcript reviewed
by CBC Toronto.
Officer bears '100%
responsibility,' says victim
Lawyer Maureen Salama
said she has seensome cases
of misconductthat could be
attributed to serious mental health issues, including post-traumatic
stress disorder (PTSD), often as a result of officers' work.
Salama said she
represented an officer who was ordered to resign or be dismissed for
misconduct that included repeatedly lying about working unpaid days.
She said the officer was diagnosed with an adjustment disorder after
"several losses … in a very short amount of time, including a
miscarriage."
The tribunal heard
testimony from a psychologistand
psychiatrist who had treated and assessed the officer.
"Disability is
considered a sentencing factor,"Salamasaid."I
don't know that it's often given the weight it deserves."
For her part, O'Neill
continues to work as a naturopath and is establishing a clinic devoted
to treating first responders.
She says Rehan was on
mental health leave during their relationship. He also abused alcohol
andhad sought treatment for
post traumatic stress, according to a summary of his representative's
tribunal submissions.
But while O'Neill
believes sleep deprivation, danger and other parts of an officer's work
have powerful psychological impacts, she was unequivocal about where she
lays the blame for the break-in that made her leave her old home, and
left her with long-term sleep problems, persistent fear and post
traumatic stress.
"He bears 100 per cent
responsibility for his actions," she said.
Commentary by the Ottawa
Mens Centre
First notice
how CBC refuse to allow anyone to comment on this story, its the
establishment engaging in censorship and in this case apparently afraid
of the Police.
CBC has a very long
history of censorship, political correctness in protecting police from
comments about their criminal conduct.
This particular offense
is relatively minor compared to the cases that the Police cover up.
Take the case of Ottawa
Police now Sargent Peter Van Der Zander who personally fabricated
evidence to obstruct justice. His fabricated written report was the
direct opposite of a police interview.
Its enough to make
you want to puke.
Police Forces like Peel
and Ottawa operate like private corporations, or more to the point,
Criminal Organizations.