Courts have thrown out a Toronto-area police service’s attempt to hide two employment investigations from the public record amid disciplinary proceedings against its boss and accusations of a “poisoned” work environment.
In filings with the Ontario Superior Court of Justice last week, the Durham Regional Police Service (DRPS) attempted to suppress the two reports from public release, arguing the documents were privileged and confidential.
The application was made as part of an ongoing disciplinary case against the service’s deputy chief, Dean Bertrim, who was charged with deception under the Police Services Act in 2023.
The Ontario Civilian Police Commission charged Bertrim following an investigation into allegations that he made a false statement while testifying as part of a motion to dismiss Police Services Act charges against two officers in 2018.
A year earlier, Bertrim had asked a professional standards investigator to conduct a review of the two officers’ conduct and submit documentation before notifying them of a hearing, according to OCPC. It is alleged, however, that the investigator never provided the report to Bertrim, because Bertrim never requested it.
While testifying about the matter in 2018, Bertrim swore that the report had been reviewed by now-retired Chief Paul Martin during an August meeting, as required by the police disciplinary process.
Disciplinary proceedings against the two officers were suspended in June 2018 because Martin had not been provided a written report, according to the notice.
As part of the investigation into Bertrim’s alleged deception, the commission requested to receive two workplace investigation reports written by outside counsel.
It is these workplace investigation results that Durham Police first objected to handing over, according to the document. However, at a hearing in October, DRPS lawyers agreed to turn over the reports to the commission “on the condition that [they] are not disclosed, disseminated or made available to the public due to confidentiality issues.”
Lawyers for the commission rejected that submission in its entirety and argued that transparency was important to protect employees from “harassment and a poisoned work environment,” the document states.
After hearing the parties’ submissions, presiding judge Justice Julia Shin Doi ruled in favor of the commission and ordered Durham Police to hand over the reports without restriction.
“There should be no restrictions on the production of either [report]“Shin Doi wrote in his decision, stating that he was not concerned about a possible breach of confidentiality.
“There is also a greater public interest and benefit in unrestricted disclosure to protect employees from harassment and a toxic workplace, as the Association advocates,” the judge continued.
When contacted for comment, a DRPS spokesperson described the motion as “an aspect related to the overall OCPC investigation that has been ongoing for many years.”
Once the matter is concluded, that service will provide comments.