'A lack of judgement': Off-duty Toronto cop who drove through police blockade while impaired demoted

A Toronto Police Services logo is shown at headquarters, in Toronto, on Friday, August 9, 2019. THE CANADIAN PRESS/Christopher Katsarov

An off-duty Toronto cop who drove through a police blockade while impaired last year has been temporarily demoted, according to a recent tribunal decision.

The ruling against Const. Kirk Ramphal – a demotion from rank of First Class Constable to Second Class Constable for 15 months – was handed down by Insp. Suzanne Redman, the hearing officer, on Tuesday.

“In the matter before me, the misconduct of PC Ramphal was serious and the circumstances surrounding his actions warrant a serious penalty. His actions demonstrated a lack of judgement and were not in keeping with the expectations of a police officer,” Redman wrote in her disposition.

According to an agreed statement of facts, Ramphal, who joined 22 Division when he was 30 years old, was off duty and driving his personal vehicle in Etobicoke at approximately 5 a.m. on Sept. 2, 2023.

At that time, two Toronto police cruisers in the area were blocking off a section of Kipling Avenue, south of Evans Avenue, as officers investigated a deadly car crash. The tribunal document noted that the two cruisers had their emergency lights on to prevent motorists from entering the area.

Ramphal missed the blockade and continued to drive towards the crash scene, the decision noted. The officers blocking the road then had to activate their “full emergency equipment” to warn the investigators at the site of the collision of the incoming vehicle, that the prosecution added was travelling at a high rate of speed at the time.

“PC Ramphal was stopped by police just prior to reaching the area where the officers were conducting their investigation, and his vehicle stopped just at the feet of one of the investigating officers,” the decision read.

After police spoke with Ramphal, they observed a “strong” odour of alcohol on his breath and found that his eyes were bloodshot. Ramphal admitted to the officers that he had consumed alcohol earlier in the evening. After failing a roadside screening test, he was arrested.

Ramphal then provided two additional breath samples, the first reading 187 mgs/100 ml of blood and the second reading 182 mgs/100 ml of blood, which the tribunal decision noted is at least twice the legal limit.

He was charged with impaired operation, driving with a blood alcohol over 80 mg, and dangerous operation. After pleading guilty to the charge of over 80 on Feb. 16, 2024, his driver’s licence was suspended for 12 months, and he received a fine of $3,000.

In April, Ramphal also pleaded guilty to discreditable conduct, the charge at the heart of the Toronto police disciplinary hearing.

'Objectively very dangerous': prosecutor

Matthew Capotosto, the prosecutor for the Toronto Police Service, called Ramphal’s driving “objectively very dangerous” and said that he “obviously” breached the public trust through his actions.

He noted that there were a number of aggravating factors in this case and that was Ramphal was “lucky” not to have struck one of the officers at the scene.

“Mr. Capotosto submitted that there were many aggravating factors in this case that put it at the serious end of the spectrum of impaired driving, first the officer was impaired to such a degree that he blew by a police barricade meant to keep the road clear for the investigation, and not only did the officer drive past, but he failed to recognize what he had done and had to be stopped by the police with full emergency equipment and he did not stop until he reached the feet of one of the investigating officers,” Redman wrote.

Ramphal’s defence, Sandy Khehra, agreed that there was “no denying” that alcohol played a part in Ramphal’s actions, but argued the officer was not oblivious to the blockade, but instead “curious” about the police activity, given that he lived in the division.

“…this was not a case where he was impaired to such an extent where he didn’t know what he was doing and drove right through and endangered his fellow 18 colleagues, and that he appreciated that at first glance that would be what people think, but that was not the case.”

The tribunal decision noted that Ramphal had been out for drinks with his friends before he was dropped off at his home prior to the Sept. 2 incident. Khehra said Ramphal “had no intentions” of operating a vehicle, but later decided to drive to get food, which Khehra conceded was an “error in judgement.”

Ramphal issued an apology to the tribunal and promised: “you will not see me here again.”

In addition to the demotion, Ramphal must also attend the Toronto Police Service’s Wellness Unit for treatment within 60 days of the tribunal’s decision.