“Extreme and disparaging remarks” on a GoFundMe account created by Greater Sudbury Police Const. Robert Rheaume are at the centre of his second of three disciplinary hearings.
Rheaume appeared before a disciplinary hearing Wednesday. He pleaded not guilty to two counts of discreditable conduct and one count of insubordination stemming from the GoFundMe account he created on Sept. 23, 2018, titled “Keeping them Honest.”
No witnesses were called through the day-long hearing, which comes on the heels of Rheaume being found guilty of misconduct for critical comments he made in 2018 on social media posts about members of Greater Sudbury Police Service who were included in the province's annual Sunshine List.
On his GoFundMe page, Rheaume says he is attempting to raise money to help pay his legal fees to fight the charges against him. However, he posted accusations of illegal and unethical conduct by members of the Greater Sudbury Police Service and, in particular, chief Paul Pedersen and deputy chief Sheila Weber.
David Migicovsky is handling the prosecution for Greater Sudbury Police Service. He said Rheaume is a “disgruntled officer, who has shown defiance and a lack of respect for the service, and, in particular, the chief of police.”
Rheaume's GoFundMe account contravenes the service's social media policy, as well as his duty of loyalty to his employer, Migicovsky argues.
“He openly and directly challenges the integrity and morals of (Police Chief) Paul Pedersen, the service and its board,” Migicovsky said. “He intended his comments to discredit his employer and has demonstrated to the public he has no regard to this process or the service.”
On the page, Rheaume accuses Pedersen and the service of using “Gestapo” techniques to intimidate him. He accuses Pedersen of “corrupt practices.”
Creating the page and the comments he has made resulted in the discreditable conduct charges and are in clear breach of the service's communications and social media policy, said Migicovsky.
In an audio recording from Oct. 12, during a compelled interview, Rheaume is given an order to take down the GoFundMe page. Instead of agreeing, he tells the interviewer he's going to put even more information on his page. He is charged with insubordination as a result.
A second compelled interview took place Nov. 28, 2018. Rheaume told the interviewer at that time he no longer recognizes the authority of Chief Paul Pedersen.
Rheaume was served with his notice of hearing on Jan. 30.
Defence lawyer Peter Brauti is once again representing Rheaume. Their defence for the charges of discreditable conduct is based on the same principles they used in the previous hearing, that being Rheaume's comments are protected under the Freedom of Speech in the Charter of Rights and Freedoms.
“(My client) believes he is being persecuted,” Brauti said.
As for the third charge of insubordination, it will be up to the hearing officer to determine if the order to take down the page was a lawful one. If it's deemed unlawful, then the charge can't be upheld. If it's deemed lawful, then his client is guilty, Brauti said.
The communications and social media policy is essentially a “gag order” on officers, and the way it's written means officers shouldn't be able to post anything about anyone or anything, regardless of whether it's praise or criticism.
“This policy offends (my client's) constitutionally held rights,” Brauti said. “This isn't about restraint, it's a complete gag order. This policy, quite frankly, is out of line.”
He reiterated Rheaume's claim on his GoFundMe account that this case is a David vs. Goliath scenario. He said his client was attempting to raise funds to fight his case, but in order to do so, he needed to give a reason as to why he was being charged in the first place.
Rheaume was challenging the “misuse of governmental authority,” he said.
“If you can't speak out about it, how can you ever bring attention to it.”
Presiding over the case is hearing officer Peter Lennox, a retired superintendent with the Toronto Police Service.
“I have a great deal of material to go through, and a great deal of thinking to do,” Lennox said, following a six-hour hearing.
Rheaume was suspended from duty in May 2018. He is scheduled to appear before the tribunal again on Aug. 15 to face a charge of breach of confidence on an unrelated matter.
He will be appealing the guilty verdict issued by Greg Walton in his previous hearing. His punishment has yet to be handed down, and once that is made available, they will be appealing that, as well, said Brauti.
