The appellant, a licensed thoroughbred trainer, appealed a Stewards' Ruling suspending him for 45 days and fining him $1,500 after a horse he trained tested positive for the Class III drug Acepromazine.
The appellant argued his Charter rights were violated because the blood sample sent to an independent laboratory arrived frozen and could not be tested.
The Ontario Racing Commission dismissed the Charter motion, finding the appellant was not denied the opportunity to make full answer and defence.
The Commission upheld the penalty, emphasizing the strict trainer responsibility rule and finding the appellant failed to properly guard the horse, as the drug was found in his unlocked tack room.