How Const. Kelly kept his job

The 14 conditions under which an undercover Toronto police officer who developed a cocaine addiction was allowed to return to work

Below is what the Ontario Civilian Commission on Police Services ordered in the case of an undercover Toronto police officer who developed a cocaine addiction.

The commission said Const. Robert Kelly should be able to keep his job subject to the conditions below. The conditions represent what was proposed in a joint submission by Toronto Police and Kelly. (For more information about Kelly’s case, click on the related article link at the bottom of this article.)

The joint submission

1. Const. Kelly will not possess or use any substance included in Schedule I, II or III of the Controlled Drugs and Substances Act. However, he will be permitted to handle these substances as required in the performance of his duties.

2. Const. Kelly will be subject to random drug testing for illegal substances at management’s sole discretion and for as long as he is employed by the Toronto Police Service.

3. Refusal to provide a sample for drug testing or testing positive for a substance included in Schedule I, II or III of the Controlled Drugs and Substances Act will result in a prosecution for insubordination under the Police Services Act in which the Toronto Police Service will seek his dismissal.

4. Const. Kelly will be required to undergo substance abuse assessments and psychiatric assessments at management’s discretion.

5. Const. Kelly will be required to undergo substance abuse assessments and psychiatric assessments at management’s discretion.

6. Const. Kelly will provide Medical Advisory Services of the Toronto Police Service with all medical records relating to his substance abuse problem and treatment to date.

7. Const. Kelly will provide Medical Advisory Services with complete access to all of his medical records for as long as he is employed with the Toronto Police Service.

8. Const. Kelly is to be demoted to fourth-class constable for the period of one year. Upon receiving favourable performance appraisals he will be eligible for reclassification to third-class constable. Upon receiving favourable performance evaluations he will be eligible for reclassification to second-class constable then to first-class constable, subject to same conditions.

9. Const. Kelly will not carry a firearm.

10. Const. Kelly will work in uniform and be placed on shift for an inside job within the service.

11. Conditions 9 and 10 do not preclude Const. Kelly from progressing to a position that requires outside work, after a period of one year has elapsed. Should he progress to a position requiring outside work, conditions 2 and 3 will be removed, provided he meets all other qualifications of a police officer.

12. Const. Kelly will not perform paid duties.

13. Condition 12 will be removed if Const. Kelly is permitted to carry a firearm.

14. In the event that Const. Kelly breaches any of the above conditions, he will be prosecuted for insubordination under the Police Services Act and the Toronto Police Service will seek his dismissal.

Related article

Addiction in the workplace

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