Lafrance PSA matter adjourned (Updated)

Cst. Christi Lafrance (C) is surrounded by family and friends outside the North Bay Police Service station.
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Police Services Act charges against Cst. Christi Lafrance will not proceed until after criminal charges against her have been heard.

Lafrance has been charged with assault in connection with an incident in which a prisoner in custody was allegedly struck in the head area by a North Bay police officer.

She was also to have had her hearing today on charges of discreditable conduct and unlawful or unnecessary exercise of authority under the Police Services Act of Ontario, which stemmed out of the original event.

But last week Lynda Bordeleau, the Ottawa lawyer hired to prosecute the PSA case, informed Lafrance’s lawyer, Andrew Perrin, that the provincial charges have been staid until the assault matter has been dealt with in the courts.

Charges would not proceed
Lafrance and Perrin were at the North Bay police station this morning at the scheduled time, accompanied by Lafrance’s partner and family and friends.

Perrin informed the adjudicator in the case, Supt. Blair Foley, of the Peel Region Police Service, that the charges were to be stayed.

Insp. Mark Montgomery, of the North Bay Service, who has been appointed co-prosecutor, then provided Foley with a letter from North Bay Crown attorney John Holland confirming the charges would not proceed.

Ultimately agreed
The letter also stated that Tom Fitzgerald the director of Crown operations, North Region, would prosecute the criminal matter.

Foley then tried to read the PSA charges into the record, but was stopped by Perrin.

“I don’t think they should be put on the record until the prosecution is prepared to proceed,” Perrin said.

Foley ultimately agreed not to read the charges and instead entered into the record the notice of disciplinary hearing sent to Lafrance.

No knowledge
Perrin was also concerned he and his client hadn’t yet received any disclosure on the PSA matter.

“Cst. Lafrance has no knowledge of the case being made against her,” Perrin said.

Montgomery said he expected the disclosure material to be ready this week, but added he hadn’t yet spoken to Bordeleau.

Perrin asked that the disclosure also include photocopies of Lafrance’s memo books, particularly those dealing with the incident in question.

A conference call among Foley, Montgomery, Perrin and Bordeleau was scheduled for June 1 if disclosure hasn’t been completed by then.

Into the vapours
Lafrance and Perrin spoke to reporters following the adjournment, touching on the issue of the PSA charges.

"It's a good thing the charges have been stayed and it's unfortunate that there was, again, another procedural error by the North Bay Police Service in presenting these charges ahead of the criminal charges, and, as I said earlier in talking to the media, they don't follow the proper procedure," Lafrance said.

"And now they've been forced to follow the proper procedure as far as in what order these charges should be heard."

North Bay Police Chief Paul Cook said Lafrance was "inaccurate" in her remarks.

"Nothing untoward has happened here and it's the norm not only in North Bay but across the province to have Police Act charges stayed until the criminal matter has been dealt with," Cook said.

"And it's normal at a first appearance in a PSA matter for the Crown to request a stay of proceedings in fairness to the process and the accussed."

Long process
Perrin then reiterated to reporters his concern that Foley was about to read the charges into the record.

“If they’re going to be stayed, they’re going to be stayed, so there would have been no reason to read them into the record,” Perrin said, “and for the time being at least they’ve gone up into the vapours.”

At the same time the North Bay Police Service gave no indication it wouldn’t continue the PSA hearing, Perrin said.

“And I have a sense the Police Services Act is going to be looming in Sr. Cst Lafrance’s life after we’ve dealt with the Criminal Code charges, so this is going to be a long process for her,” Perrin said.

Psychological pressure
He also found the lack of disclosure “troubling.”

“These charges have been looming over my client’s head for sometime now, and any lack of movement on the part of the prosecution only prolongs what I believe to be an intense amount of psychological pressure placed on Christi,” Perrin said.

“We want this matter in front of the tribunal.”

Insp. Montgomery said he was only appointed co-prosecutor Friday, but added he will be submitting a brief to Bordeleau this week regarding finalizing the disclosure package.

Fairly and equitably
Perrin also applauded Fitzgerald’s deployment as prosecutor of the criminal matter.

“That’s the administration of justice operating fairly and equitably,” Perrin said.

Lafrance has been involved with the police service as an officer and a witness on criminal proceedings, Perrin said.

“I think quite frankly this was the prudent thing to do,” Perrin said.

“I know Mr. Fitzgerald to be a competent counsel and I expect him to carry on with that tradition.”

Lafrance makes her first court appearance May 25.