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No Charges in Possible Breach of Court Order
On March 4, 2015, SiRT received a referral from the Halifax Regional Police (HRP) about one of their members who may have violated the conditions of a court order. As a result of SiRT’s investigation, it was learned the male officer in question was subject to certain court conditions that included not being in an establishment licensed to serve alcohol unless it held an eating establishment licence.
It was confirmed this officer had been in Casino Nova Scotia on February 26th and 28th, in an area of the casino licenced to only sell alcohol. However, other areas of the casino were licenced to sell food, and patrons were able to order and receive food in the area the officer was in.
On both occasions, the officer was in compliance with other conditions of his order, including a condition not to consume any alcohol. To be in violation of his order the facts need to show the officer knew he was in violation of the court order. In these circumstances one could very reasonably believe the area of the casino in question held an eating establishment licence. After receiving advice from the Public Prosecution Service, it was determined that these facts were not capable of showing that Officer 1 was knowingly in a place that was only licenced to sell alcohol. Therefore no charges will be laid against Officer 1.
The full report is available at http://sirt.novascotia.ca.
SIRT is responsible for investigating all serious incidents involving police in Nova Scotia. Investigations are under the direction and control of independent civilian director Ron MacDonald, who is solely responsible for decisions respecting the laying of any charge.
Ron MacDonald, QC