Roughly 30 federal prosecutions have been affected by criminal charges against Toronto Police Service officers allegedly tied to a sweeping police corruption probe, according to the Public Prosecution Service of Canada.
The PPSC confirmed the number of affected cases after The Globe and Mail obtained internal e-mails through an access to information request, which included lists of cases involving officers who were charged in connection to the Project South probe.
The records provide an early look at the effects of the allegations against the officers, which could sink federal prosecutions.
Criminal charges or allegations of misconduct against a police officer can disrupt prosecutions that depend on the officer’s testimony and reliable evidence.
York Regional Police announced charges in February against seven serving Toronto Police officers and a retired officer, as well as 19 civilians, on an array of allegations, including a plot to murder a corrections officer, bribes and drug trafficking. Investigators said members of organized crime were buying data and addresses from police officers, which were then used to co-ordinate shootings and other crimes.
Calls grow for Toronto police review after history of data breaches at 12 Division revealed
On Feb. 4, the day before that announcement, Carolyn Hayes, deputy chief federal prosecutor at the PPSC, informed colleagues of the charges, according to e-mails obtained by The Globe.
“As a result of arrests, we fairly urgently need an iCase search or searches done to identify files involving the following officers,” she wrote. (iCase is a web-based application the PPSC uses for case management.)
The majority of the PPSC’s files were classified as drug cases, according to a recent annual report.
Often lengthy and legally complex, drug investigations can rise or fall on officer credibility. The PPSC stayed charges in six cases after a Toronto Police detective, who resigned in 2021, admitted he repeatedly stole drugs from evidence lockers while managing an addiction to pain medication, according to media reports at the time.
The e-mails Ms. Hayes and her colleagues exchanged contained various lists of cases that are organized under the names of officers arrested in connection with Project South and vary in size. The spreadsheets attached to the e-mails The Globe obtained are heavily redacted.
Alleged drug trafficker in Project South probe has $1.5-million bail revoked
In an e-mail on Feb. 5, Ms. Hayes said work was underway to identify files, including active cases, and offered to send colleagues “the full list now, complete with closed files.”
“You can go ahead and send it now and I’ll work through it,” replied Bari Crackower, senior counsel and team leader for the PPSC.
Ms. Hayes attached a spreadsheet listing around 300 cases to a subsequent e-mail.
She declined to comment for this story when reached by phone. Ms. Crackower did not respond. Initially, the PPSC declined to provide the number of cases affected by the allegations in Project South.
However, when pressed about the hundreds of cases that prosecutors appeared to flag in the spreadsheets, spokeswoman Alessia Bongiovanni said, “The number of PPSC cases impacted is approximately 30.”
She did not say whether that includes closed cases.
“The data that appears on the list was extracted as part of a general search that would have included information unrelated to the original query,” she said.
Toronto Police division at core of Project South probe has history of data breaches
Ontario’s Ministry of the Attorney General, which prosecutes a wide range of offences, including murder, robbery and assault, declined to say how many of its prosecutions are linked to officers arrested in Project South, because the matters are before the courts.
Allegations of police criminality may lead to charges being stayed or withdrawn in cases linked to officers or serve as ammunition for defence counsel looking to discredit police witnesses.
“At the end of the day, it becomes fodder for cross-examination,” said Maija Martin, a defence lawyer and vice-president of the Criminal Lawyers’ Association.
Closed cases may also require review, as allegations of police corruption can be the basis for an offender to introduce new evidence and appeal their conviction, according to defence lawyer Adam Boni.
“These types of knock-on effects can be substantial and far-reaching,” Mr. Boni said.
Court upholds bail denial for Toronto Police officer charged in Project South probe
Calvin Barry, a lawyer for Constable John Madeley Jr., who is among the officers accused in Project South, said his client is innocent. Lawyers for the other officers - Constable Timothy Barnhardt; Sergeant Robert Black; Sgt. Carl Grellette; Constable Saurabjit Bedi; Constable Derek McCormick; Constable Elias Mouawad; and retired constable John Madeley Sr. - declined to comment or did not respond.
The accused officers have been suspended without pay.
None of the allegations outlined in Project South have been tested in court.
In a statement sent before the PPSC confirmed the number of affected cases, Toronto Police spokesperson Stephanie Sayer said the service was “not aware of either the Public Prosecution Service of Canada or the Ministry of the Attorney General determining that the Project South charges have impacted any specific prosecution.”
Clayton Campbell, president of the Toronto Police Association, a labour organization, said it was too early to know how the allegations against the officers could affect prosecutions.
“If any of the allegations in Project South are found to be true and serious charges against violent offenders are withdrawn as a result, we suspect there will be many members of the Toronto Police Service who will be very disappointed that their hard work was for nothing,” he said.