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News (Media Awareness Project) - CN QU: Quebec Police Ethics Commission Dismisses Complaint
Title:CN QU: Quebec Police Ethics Commission Dismisses Complaint
Published On:2004-07-23
Source:Eastern Door, The (CN QU)
Fetched On:2008-01-18 04:45:34
QUEBEC POLICE ETHICS COMMISSION DISMISSES COMPLAINT AGAINST ISAAC

Recognizes Grand Chief Gabriel Issued Criminal Badge, Pepper Spray

The Quebec Police Ethics Commission dismissed a complaint filed by former
Kanehsatake police officer Terry Cross against Terry Isaac concerning the
Richard Walsh case. Walsh was hired in 1997 to do undercover work for the
Kanesatake Mohawk Police even though he was never a sworn-in police officer.

In the complaint Cross alleged that Isaac provided confidential police
information to Walsh, who is a civilian, regarding himself and his brother
Tracey. This, the complaint alleged, was done in contravention to the Code
of Ethics of Quebec Police Officers. Under this code it is prhibited for
police officers to hand over to a civilian CPIC/QPIC (Canadian Police
Information Centre and Quebec Police Informatin Centre) statements from
police information centres.

The saga began when Walsh was hired in September 1997 by Gabriel to conduct
stakeout work for the Kanesatake Mohawk Police regarding the drug trade in
Kanehsatake. According to the Ethics Commission's jedgment, Walsh's hiring
was by a verbal agreement and he was paid by the Mohawk Council of
Kanesatake under the guise of environmental analysis work.

Over the course of 14 months Walsh was paid $111,000.

The judgment also stated, "Although Richard Walsh was never a sworn
Kanesatake Mohawk Police officer, a badge authorized by James Gabriel and
Barry Commando (the KMP Chief at the time) was delivered to him. Richard
Walsh was also handed a uniform and a weapon commonly referred to as
'pepper spray.'"

Then on May 6, 1999 Walsh was arrested in Kingston, Ontario by Constable
Balwant Dhillon of the Kingston Police Department. Three days later Ontario
Police searched Walsh's Kingston apartment and found several CPIC/QPIC
computer records concerning several individuals including Terry and Tracy
Cross. Most of these records indicated that a KMP officer wearing badge 12,
which was issued to Isaac, requested them.

Isaac told the Ethics Commission that Commando and Gabriel introduced Walsh
to him as a former RCMP officer who was mandated to investigate the drug
trade in Kanehsatake. Isaac also admitted to handing over to Walsh
CPIC/QPIC documents in March 1998.

Then in May or June 1998, Isaac said he and Commando learned from the RCMP
in Montreal that Walsh was the subject of criminal charges. At this point
Isaac was ordered to stop cooperating with Walsh. Walsh's criminal record
includes conviction in Ontario for fraud, identity theft as well as parole
violations.

In an SQ investigation, Commando provided his version of the facts of the
Walsh case. The judgment says that "although there are a number of
discrepancies between this version and that provided by Isaac, the former
chief confirms that Walsh was hired to carry out work related to the
illegal drug trade in Kanehsatake and that a badge was handed to him
without him being a sworn police officer."

Commando also confirmed that in the spring of 1998 he was informed that
Walsh had a criminal record. It was at this time that he told Isaac to stop
dealing with Walsh.

During the course of the Ethics Commission's investigation, Francois Sauve,
the head of the QPIC User Service, said he believes that Isaac was acting
in good faith when he handed the CPIP/QPIC material to Walsh and did not
contravene QPIC policies and guidelines.

"In this case that Isaac transmitted confidential documents to Walsh is an
undisputed fact," the judgment said. "However, this conclusion is not
sufficient to conclude to a deragatory act on the part of Isaac."

The Ethics Commission emphasized that it was not for personal purposes that
Isaac handed over CPIC/QPIC printed material to Walsh. It was for reasons
concerning police investigation procedures.

The jedgment also says that it is not disputed that Gabrield was the one
who promoted and authorized Walsh's employment with the approval or
collaboration of Commando. It also concluded in the judgment that it is
difficult to dispute the fact that Walsh was hired to help the Kmp fight
organized crime and the drug trade in Kanehsatake.

However, the Ethics Commission said that this is not the place to discuss
Gabriel's conduct in regard to the hiring of Walsh. The Ethics Commission
decided that since Isaac stopped working with Walsh when he discovered his
criminal background and worked with him only because he thought it was to
deal with police issues, the complaint against him should be dismissed.

Cross plans to take this case before a Quebec Court tribunal, where Cross's
lawyer says that they can prove that Walsh was not hired for "police
objectives."
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