More than two years after a Toronto police officer pleaded guilty to impaired driving, disciplinary charges against his superior are raising questions about the night of the collision and the integrity of one of the force’s investigative drug teams.
Then-Det.-Const. Jason Boag was arrested after a collision north of Toronto early in the morning of Jan. 31, 2023.
He pleaded guilty to impaired driving that April. Then, in November 2023, he pleaded guilty to one count of professional misconduct before the Toronto Police Service’s disciplinary tribunal, where a hearing officer described the case as an “off-duty” incident.
But that’s not the case, according to pending disciplinary charges against Boag’s superior, Det. Mark Beson.
CBC News attempted to contact Beson by phone and email. A representative for the Toronto Police Association said Beson was aware of this story before its publication, but the officer had no comment.
Beson — who is not currently suspended and next appears before the tribunal on Aug. 26 — faces seven disciplinary charges for allegedly spending Jan. 30, 2023 at a Buffalo Wild Wings, where he and the five detective constables under his supervision drank alcohol on-duty.
More concerning though, say criminal defence lawyers, are the allegations that Beson later falsified records to conceal his team’s misconduct.
A finding that Beson altered paperwork would “be substantial fodder for any criminal defence lawyer” who encounters the detective, defence lawyer Craig Zeeh said.
“You have an officer who’s willing to lie — why not willing to lie under oath? Why not willing to lie in court?” said Zeeh.
“If you have an officer willing to fudge records to support his narrative, that can undermine many investigations, depending on his role in them.”
Adam Weisberg, vice-president of the Criminal Lawyers’ Association, agreed.
“If there’s a lot of meat to this allegation … I wouldn’t be surprised if a lot of charges get stayed wherever this officer’s evidence is key,” Weisberg said.
The Public Prosecution Service of Canada declined to say how many charges, if any, have been dropped because of the allegations against Beson.
Toronto police are “not aware of any” cases that ended as a result of Beson’s charges, spokesperson Nadine Ramadan said via email.
Officers spent 8 hours at Wild Wings, docs suggest
On Jan. 30, 2023, Beson, supervisor for a “Clandestine Lab Team,” arrived at the Wild Wings inside an arena at 11:59 a.m., according to Toronto police tribunal records. His team was scheduled to work from 10 a.m. to 6 p.m., according to tribunal documents.
Beson and the five detective constables under his supervision allegedly drank alcohol.
“Surprise, surprise,” said James Lowry, a former Toronto police officer who investigated allegations of drug squad corruption.
Lowry, now a Winnipeg defence lawyer, said officers in specialized and plainclothes units have more autonomy than their uniformed colleagues.
“You should be professional, and you’ve got a fair bit of service, so you shouldn’t need to be babysat,” he said.
However, that freedom can entail opportunities for misconduct.
“You’d never do it in uniform,” Lowry said of the alleged on-duty drinking. “Not that it hasn’t happened, but I’d be very surprised.”
Beson and Boag left the restaurant shortly after 8 p.m and drove in a police vehicle to the drug squad building, according to tribunal documents. Around 10:25 p.m., a “highly intoxicated” Boag left the drug squad building and drove away.
A Newmarket court heard that OPP officers dispatched to a collision in Township of King, north of Toronto, shortly after midnight on Jan. 31 found Boag in a sedan against the centre barrier of Highway 400.
According to tribunal records, Boag had struck a dump truck.
Boag, who identified himself as a police officer, had urinated on himself, according to a court transcript. When an officer asked for Boag’s licence, he presented his debit card.
Knowing the TPS professional standards unit would investigate following Boag’s collision, Beson allegedly changed his and his teammates’ shift times on a sign-in sheet to indicate the group started and finished work earlier than they actually had, so it would appear the group had not been drinking on duty.
Beson initialed the sheet for his entire team, according to tribunal documents.
Only 1 disciplinary case mentions drinking ‘on duty’
It’s not clear why Boag’s impaired driving disciplinary charges were treated as an “off-duty” incident given the accusation that Boag, Beson and four others were drinking on duty.
The sentencing decision, written by Supt. Shane Branton, does not mention when, where, or with whom Boag became intoxicated. Branton did not respond to requests for comment.
“In any case brought before the tribunal, the prosecutor evaluates the available evidence and lays the charges they determine to be most appropriate,” Ramadan said in an email.
A summary of the prosecution submissions in the same ruling also does not mention the time Boag spent drinking on duty, as described in documents outlining Beson’s pending charges.
Reached by phone and asked why Boag did not face discipline for on-duty conduct, Insp. Lisabet Benoit, who prosecuted the case, said she would review her notes.
“I will endeavour to get some clarity for you,” Benoit said. Hours later, she texted a CBC News reporter declining further comment.
Boag’s lawyer Sandip Khehra declined to comment specifically on the tribunal’s decision to treat the officer’s misconduct as off-duty.
“When you’re working out resolutions with prosecutors, there’s a little bit of give and take,” he said.
“Sometimes they massage the facts.”
‘Too early to tell’ possible sanctions
It’s not clear if any of the other four officers on Beson’s team have faced discipline in connection with the case.
“Only disciplinary matters that appear before the tribunal are made public,” Ramadan, the Toronto police spokesperson, said.
Officers found guilty at the disciplinary tribunal can be fired, but a hearing officer will weigh several factors when deciding on a penalty, according to Ian Johnstone, a lawyer who has prosecuted cases for police services, including Toronto’s.
“It’s too early to tell with just the charge,” Johnstone said.
Beson’s matter has been repeatedly rescheduled, according to a review of public tribunal schedules.
