Officer's inaccurate testimony 'will undoubtedly tarnish the image of the Toronto Police Service:' police tribunal

A Toronto Police Service logo patch is shown in Toronto, on Tuesday, Sept. 5, 2023. THE CANADIAN PRESS/Spencer Colby

A Toronto cop who “derailed” a criminal investigation by “inaccurately” testifying that he saw drugs in plain view inside a suspect’s car has been demoted for two years after pleading guilty to discreditable conduct, a decision from the police tribunal read.

In the decision released this week, the tribunal ruled that Const. Richard White’s rank of First Class Constable will be reduced to Second Class Constable for a period of two years, one of the highest available penalties short of dismissal.

“The effect of Constable White’s conduct will undoubtedly tarnish the image of the Toronto Police Service, which we strive so hard to uphold and undoubtedly cause the public to also question the integrity of the Service,” Insp. Suzanne Redman, the hearing officer, wrote in her decision.

White, who has worked for the Toronto police for 18 years, has spent nearly his entire career at 12 Division and was working as part of the neighbourhood enforcement unit when the misconduct occurred.

In an agreed statement of facts, White admitted that he “failed to make appropriate notes” in his memo book on at least 20 occasions between April 5, 2017 and July 20, 2017. This included “large gaps” in his notes that related to an investigation on May 23, 2017.

Drugs were in 'plain view,' officer falsely testified

The statement of facts say that the 2017 investigation led to criminal charges being laid against a suspect but due to “deficiencies” in White’s notes, an “inaccurate record of events was created.”

White stated that he observed drugs in plain view inside the accused’s car when they were not in fact in plain view, according to the agreed facts.

The tribunal decision goes on to say that the officer did not make notes about a search involving the suspect’s vehicle and White “did not accurately testify about the circumstances of the arrest” during a preliminary hearing in February 2018. The charges against the accused were subsequently dropped.

“Failing to keep notes of his interactions with the public on multiple occasions and then testifying inaccurately causing a Criminal/CDSA [Controlled Drugs and Substances Act ] case to become no longer viable does such a disservice to the public, as a possible criminal did not have to answer for his/her alleged crimes and was allowed to return to society possibly to re-offend and further victimize,” Redman added.

White and another officer were criminally charged in 2019 with theft and perjury in connection with the same investigation after they were accused of failing to “account for a portion” of money that was seized during a search. They were also accused of providing false or misleading testimony during the preliminary inquiry. Those charges were later withdrawn by the Crown in 2023, according to multiple media reports.

In her submissions to the tribunal, White’s lawyer stated that the officer was working long hours at the time and struggled to balance his workload, which led to him failing to keep appropriate notes and prepare for the preliminary hearing.

Termination on the table if 'further misconduct' reported

Redman wrote that White, who is currently suspended with pay, “appears to recognize the seriousness of the misconduct” and “shows remorse,” adding that he demonstrated this with his guilty plea and “acceptance of such a significant penalty.”

She added that the officer was previously disciplined by the tribunal in relation to a 2013 conviction of insubordination that involved misuse of police databases.

“Constable White is an experienced officer who undoubtedly now knows better, and should he find himself before the Tribunal again he will no doubt face an even more significant penalty, possibly even termination,” Redman wrote.

“Given the potentially dire consequences of further misconduct, I believe this will also serve as a reminder to Constable White to exercise better judgment going forward.”