LEGAL LIMIT FOR COPS

Bills Won't Be Paid Where There Are 'Conclusive Criminal Allegations'

The Toronto police board has refused to pay the legal bills of former drug
squad officers named in civil lawsuits where there are "conclusive criminal
allegations," the board's chairman said yesterday.

These officers allegedly were not "operating in good faith" while on the
job, Norm Gardner said yesterday in an interview.

Fearing it will be on the hook for what could be massive legal costs, the
Toronto Police Association has threatened to tell its members to avoid
situations that could result in false allegations and civil court action.

It has offered the slogan: "No contact, no complaint equals no civil suit."

The police union said insurance has been denied 30 officers named in seven
separate civil suits.

The former central field command drug squad has been the focus of an
RCMP-led internal affairs probe into allegations of thefts of cash and drugs.

Sources claim the secretive probe has found evidence of wrongdoing, that
charges are inevitable and the emerging scandal could cost Toronto
taxpayers "millions" in legal costs and settlements.

Many lawsuits have been filed against drug squad officers and the board in
the past few years. Some have been settled without assessing fault, while
others are still active.

None of the allegations in the lawsuits have been tested in court.

Gardner said not all 30 officers ultimately will be denied coverage.

"A lot of the ones we are talking about are going to be winding up getting
some coverage ... Only a handful of officers are involved in situations
where the allegations are quite strong," he said.

"The thing is, you cannot buy insurance to cover criminal acts."

Furious with the insurance withdrawal, police association brass wrote in an
April 15 ultimatum that if the board does not resolve the issue and cover
everyone, an extraordinary general meeting will be held and job action urged.

Warning its 5,000-odd members that "numerous civil suits, current and
pending" will take up to 10 years to conclude and will cost "huge sums of
money," the association board of directors wrote it is "unacceptable" that
officers be left hanging amid "bald, unsubstantiated, unproven allegations,
entirely without foundation or merit, and completely untruthful.

"We will be advising you to take every precaution available to avoid
placing yourself in a position of jeopardy ... where these types of
allegations could be forthcoming. No contact, no complaint equals no civil
suit," the association wrote. A special meeting is tentatively scheduled
for May 13.

The association letter does not link the insurance coverage controversy
with the drug squad scandal, but instead warns its members that they are
all at risk.

Gardner said he understands the union's "posturing" because it is an
election year. He said the union and the board have met several times, as
recently as yesterday morning.

Gardner said that in the past, 99.5% of officers who went to civil court
were covered by insurance.

"I am sure that our officers will be comfortable knowing that we cover them
99.5% of the time. It is the rare exception that the officers allegedly go
well beyond the performance of their duty and good faith," he said.

Toronto Police Chief Julian Fantino said he believes the issue has been
"blown out of proportion" and there has been much misunderstanding.

Fantino said the union, the board and the brass are anxious to resolve the
problem.

"I am very confident we are trying to do our job as we always have,
faithfully and honourably ... and our people will be looked after when they
do right ... and we will deal with exceptions as what they are --
exceptions," Fantino said.

"In my view, the people who work honourably, ethically and professionally
should not have to worry about these issues," he said.

Requests for an interview with union president Craig Bromell were referred
to Toronto lawyer Timothy Danson. Danson could not be reached for comment.