A Greater Sudbury Police officer and his wife say they will continue fighting as he faces disciplinary action as a result of their relationship.
Const. Kyle Cartwright has been on suspension with pay since February 2021. He faces two counts of discreditable conduct, one for getting into a relationship with someone with whom he was dealing through the line of duty, the second for allegedly being belligerent towards an Indigenous homeless man, and one count of insubordination for his insufficient note-taking practices.
Cartwright started with Greater Sudbury Police in December 2019. At the time of the alleged misconduct, which began in November 2020, Cartwright was still on probation with GSPS.
Greater Sudbury Police Service was notified on Jan. 20, 2021 by the Office of the Independent Police Review Director of a complaint it had received against Cartwright, from his former partner, Nicole Mandy. Cartwright was notified of the complaint on that same day.
As Cartwright was still on probation, Police Chief Paul Pedersen sought to have Cartwright fired, however, the police services board denied the recommendation.
On May 28, 2021, a notice of a disciplinary hearing was issued to Cartwright. Attached was a letter telling him his employer may be seeking demotion or dismissal if he was found guilty.
Cartwright responded by filing a motion for an abuse of process. He argued it would be an abuse of process for the prosecution to seek dismissal based on the same set of facts considered by the police services board, after the board has determined dismissal is not appropriate.
He was seeking a stay of proceedings, or a declaration that he cannot be fired after the police services board denied Pedersen’s attempt to have his employment terminated.
Cartwright claimed Pedersen, unsatisfied with the decision of the board, is seeking to re-litigate the same issue already decided by the board before the tribunal to seek a more favourable result, and that that attempt ought to be deemed an abuse of process.
Hearing officer Greg Walton denied the motion.
“It is clear to me that the threshold amounting to an abuse of process has not been met,” Walton wrote in his decision. “The board’s decision does not impact this tribunal. (Const. Cartwright) conceded that the public complainant has standing and has the right to seek dismissal. To suggest then that the employer could not seek dismissal because the board found the officer suitable for employment is illogical.”
The next hearing date takes place in February.
The charges
The first count of misconduct stems from Cartwright’s now relationship with a woman who had called police to report her ex was in violation of the conditions of his release on a prior criminal charge relating to domestic violence.
During the course of their interaction, Cartwright and the woman, Miranda (now Cartwright) engaged in a relationship, which progressed to the point they are now married.
Furthermore, the couple kept their relationship secret while the criminal charges against Miranda’s ex were going through the court system. Cartwright did not disclose the existence of their relationship to the Crown attorney.
Greater Sudbury Police alleges Cartwright acted in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the Greater Sudbury Police Service, thereby constituting an offence against discipline.
Cartwright’s second count of misconduct relates to an incident involving an Indigenous homeless man known to the new police officer.
It is alleged that at some point in October 2020, Cartwright, while off duty, shouted obscenities and derogatory and insulting comments out of his car window at the man. Several individuals were in the vehicle with Cartwright at the time.
Specifically, Cartwright called the man “f--k face,” Greater Sudbury Police alleges in the claim. Cartwright used a number of other insults in addressing the man, calling him a “f--king loser,” telling him to “go get a job,” and asking him, “what are you on.”
His final count, insubordination, has to do with Cartwright’s note-taking practices. Greater Sudbury Police says a review of Cartwright’s notebooks between the period of Nov. 2, 2020, and Feb. 5, 2021, established Cartwright did not comply with procedures in at least 22 of the 39 shifts he worked. Cartwright’s notes were incomplete and lacking information on many occasions, said GSPS.
Cartwright and his wife are adamant he did nothing wrong.
‘We will continue to keep fighting’
“No matter the outcome of this hearing, Kyle has been extremely resilient and remains positive,” said Miranda in an email to Sudbury.com. “He takes care of our family every day and creates an extremely positive environment for us, despite the negative and stressful light that has been put on him in this process.
“We continue to thrive every day in hopes that they will give him a second chance as he has done nothing wrong. We love Kyle. He’s a good man and we support him every step of the way. We will continue to keep fighting.”
Under advisement from counsel, Miranda did not want to comment on any of the specifics of the disciplinary hearing.
In an email statement, Greater Sudbury Police said as the matter is before the tribunal, it cannot provide any comments at this time.
Arron Pickard court, police services and general news for Sudbury.com.
