More complainants come forward in case against OPP officer charged with using false evidence to issue tickets

LEAP reported earlier this week that Ontario Provincial Police officer Sergeant Dennis Mahoney-Bruer had been charged with three counts of breach of trust and one count of attempting to obstruct justice, after he allegedly falsely charged three drivers with speeding in the past month. Since the Toronto Star reported the story, other complainants have come forward.

This morning, the Star reported that Farzooq Sayed was pulled over by Mahoney-Bruer last Halloween and was ticketed for driving 156 km/hr. Sayed agrees that he was speeding, but alleges that he was not going as fast as 156 km/hr. Sayed recalls: “[t]he police officer came up to my window and the first thing he asked me was, ‘[w]hose car is this?’” Sayed is a 23-year-old racialized man, a student at Centennial College, and drives a Porsche Carrera 4S.

Ismet Breznica, another alleged victim of Mahoney-Bruer’s alleged arbitrary ticketing, was informed earlier this week that the two charges laid against him have now been stayed. Breznica reports that when he inquired with Mahoney-Bruer as to why he was being pulled over, the officer responded by saying “[t]oday I’m only picking white cars.” Breznica was driving a white 2008 Mercedes-Benz. In the Star this morning, Breznica is quoted saying “[s]ometimes it makes me wonder if I want to live my whole life in this country. Don’t treat me like a criminal. I’m not a criminal…”

According to the Star, since Mahoney-Bruer’s charges were reported last week, as many as 250 provincial charges laid by him are now under review. One of the most integral questions to be asked will be why Mahoney-Bruer was doing this, if it is found that he was. Did the race of the drivers play a role? After Sayed’s report it is now clear that at least one complainant is racialized. Is this the case for all of the alleged false arrests? As more people come forward, this information may be unveiled. In the meantime, LEAP hopes that the OPP will consider the role that race may have played during their investigation.

Posted by Ashley Paterson (Law II) (LEAP Summer Intern)

OPP officer charged after allegedly using false evidence to lay speeding charges

Ontario Provincial Police officer Sergeant Dennis Mahoney-Bruer has been charged with three counts of breach of trust and one count of attempting to obstruct justice, after he allegedly falsely charged three drivers with speeding in the past month, the Toronto Star reported today.

The alleged false charges have led the OPP to begin a review of traffic stops and some criminal cases. Prosecutors and the OPP will review Mahoney-Bruer’s past cases to see if there is any evidence of other suspicious activity, but the police have not determined nor disclosed how in depth or far-reaching this investigation will be. However, Mahoney-Bruer has worked for the OPP for 12 years.

Thus far the response of the OPP is positive, as it was quick to initiate the investigation. At this point no motive for the alleged false charges has been disclosed, but in order to restore public confidence in OPP officers involved in highway traffic enforcement, one may be required. OPP commissioner Julian Fantino wrote in a statement regarding the charges "I believe that the public trust is a fundamental cornerstone of the OPP and policing."

Posted by Ashley Paterson (Law II) (LEAP Summer Intern)

Lawsuit filed against OPP officers who tasered a 14-year-old Aboriginal girl in her jail cell

The family of a 14-year-old Aboriginal girl, identified as Jane Doe, has filed a lawsuit against two OPP officers for tasering her in the leg while she was in her jail cell because, according to the lawsuit, she refused to stop chipping the paint off the wall. According to the lawsuit, she was at the OPP detachment following an arrest for drunk and disorderly conduct. The lawsuit claims that the incident was recorded on videotape. It also contains a statement from a doctor who reported observing twin burn marks on her thigh. In addition to damages, the family is seeking an order prohibiting the use of tasers on minors except in cases where life is at risk. According to the OPP, its professional-standards bureau conducted an investigation into the incident. It acknowledged that the girl was tasered. It also cleared the officers of any wrongdoing.

This summer, Michael Langan, a 17-year-old Aboriginal boy was tasered and killed in Winnipeg. He was a suspect in a theft. He is the youngest person to be killed by a Taser in Canada.

These and other cases has led to a call for a moratorium on the use of tasers on teenagers. See "Youth Moratorium" Globe and Mail (4 February 2009).