Registrar, Alcohol and Gaming Commission of Ontario v. Hassan Akil, 2008 CanLII 91812

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Gaming Control Act, 1992, as amended

B E T W E E N:

Registrar, Alcohol and Gaming Commission of Ontario (Registrar)

-and-

Hassan Akil o/a 2154495 Ontario Inc. Shell Canada and Hassan Akil o/a 1561643 Shell Canada (Registrant)

DECISION AND ORDER

Panel: Allan Higdon, Board Member Joan Lougheed, Board Member

Decision Date: October 24, 2008 Hearing Location: Ottawa, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission: Daniel Alakas, Representative Hassan Akil, Registrant: James Foord, Representative

Allegations

1A hearing into a Notice of Proposed Order dated June 3, 2008, to refuse the application for registration of Hassan Akil (the “Applicant”), operating as 2154495 Ontario Inc. Shell Canada and to revoke the existing registration of Hassan Akil operating as 1561643 Ontario Inc. Shell Canada, 3726 Richmond Road, Ottawa, Ontario, K2H 5B9, as a gaming supplier, in the class of lottery retailer, file numbers 147733 and 158828, on the basis of section 12 of the Gaming Control Act, 1992, that there are reasonable grounds to believe that he will not act as a gaming supplier in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct, was held on September 10, 2008, in the City of Ottawa.

Preliminary Matters

2Daniel Alakas, Registrar's Representative, requested a brief adjournment to discuss preliminary issues with James Foord, Registrant's Representative.

3Upon resumption, Mr. Alakas informed the panel the Ontario Lottery and Gaming Corporation (“OLG”) had terminated the Applicant’s contract. As the OLG action removed the Alcohol and Gaming Commission of Ontario from jurisdiction in the matter, Mr. Alakas withdrew the Notice of Proposed Order to refuse registration of Hassan Akil operating as 2154495 Ontario Inc. Shell Canada as a gaming supplier, in the class of lottery retailer.

4Mr. Alakas advised that he would proceed with the Notice of Proposed Order to revoke the registration of Hassan Akil operating as 1561643 Ontario Inc. Shell Canada as a gaming supplier, in the class of lottery retailer.

Registrar's Evidence

5Mr. Alakas submitted, as Exhibit #1, Registrar’s Book of Documents.

6Mr. Alakas stated that Mr. Akil has been registered as a gaming supplier, in the class of lottery retailer under the Gaming Control Act, 1992 since December 17, 2007. His registration was subject to terms and conditions on his application as a gaming supplier to which he signed his consent on November 23, 2007.

7The document, Application for Registration as a Break Open Ticket Seller and/or Lottery Retailer (Tab 2, Exhibit #1), which Mr. Akil signed on August 2, 2007 states:

“I further declare that all the answers provided in this application, as well as all the information contained in the documents and materials submitted with it, are to the best of my knowledge and belief, true and complete.”

8Mr. Akil has been registered as a gaming supplier in the class of lottery retailer since December 17, 2007. On that date he consented to terms stating he had read, and understood his responsibilities under the Gaming Control Act, 1992 and Regulations.

9In addition, he undertook that his corporation would “advise the Deputy Registrar in writing within ten (10) days of any and all charges, convictions and findings of guilt, against it or any of its directors, officers, shareholders or employees..., of any charges under any legislation in any jurisdiction (including but not limited to the Criminal Code of Canada and the Ontario Highway Traffic Act”.

10On his Application for Registration as a Break Open Ticket Seller and/or Lottery Retailer for his company, 2154495 Ontario Inc. dated November 23, 2007, the Applicant marked “Yes” to question 7 (c):

“Has the applicant or individual ever been refused a licence or registration or had a licence or registration suspended, revoked or cancelled under any other Act, in any other jurisdiction?”

11The Applicant noted that his driver’s licence had been suspended due to a car accident.

12The Applicant also responded “Yes” to question 9 (a):

“Has the applicant or individual ever been found guilty or convicted of an offence under any law, including provincial and criminal offences?”

13The Applicant noted that he had been convicted due to a “driving act (accident).”

14The Deputy Registrar conducted an investigation and found undeclared convictions by a person with the same name and date of birth under the Criminal Code of Canada:

• July 31/07 Obstruct a Peace Officer
• January 9/07 Dangerous Driving

15Mr. Akil failed to disclose his July 31, 2007 conviction on both of his applications for registration and did not disclose them in a previous interview for registration on November 22, 2007.

16Further investigation revealed the following convictions and suspensions registered against Mr. Akil under the Highway Traffic Act:

• February 2/00 Fail to come to a stop
• July 24/00 Fail to have insurance card
• September 1/00 Unnecessary noise
• April 23/01 Failure/Improper use of seat belt
• October 2/01 Fail to have insurance card
• October 24/01 Speeding 130 km in 100 km zone
• August 29/02 Disobey traffic signal light – red
• October 29/02 Fail to produce driver’s licence
• November 25/03 Fail to have insurance card
• November 25/03 Demerit point total – Suspension until Dec. 25/02
• December 10/07 Fail to display plates, no driver’s licence, no insurance card
• September 23/04 Speeding 80 km in 50 km zone
• November 22/04 Speeding 142 km in 100 km zone
• October 25/05 Failure/improper use of seat belt
• November 20/06 Removed/modified/inoperative seat belt
• January 9/07 Dangerous driving
• February 20/07 Speeding 86 km in a 60 km zone

17Mr. Akil failed to disclose the above convictions on his applications for registration. His driver’s licence is under suspension as he failed to complete the required remedial program.

18The Applicant has on three separate occasions failed to complete full disclosure as required.

19Mr. Akil’s deceptiveness, lack of honesty, and lack of adherence to regulations and law enforcement procedures is of significant concern to the Registrar.

20The record of this individual provides sufficient belief that he will not conduct himself in accordance with the law or in the public interest.

21For the reasons cited, the registration of Mr. Akil should be revoked.

Registrant’s Evidence

22Mr. Foord acknowledged and AGREED that the convictions noted by Mr. Alakas were true and were registered against the Applicant, Mr Akil.

23Mr. Foord stated the concerns of the Registrar are well founded; perhaps conditions could be imposed that would address any apprehensions.

24It is true that Mr. Akil reacted to questions in a way that generates worry and apprehension.

25This process has shown him that he has put himself in a serious situation and brings home to him he took steps that made it worse for himself.

26Non-disclosure does cause concern that needs to be addressed. However, the Applicant has no record of theft. He owns two gas stations and is an employer.

27This process will have a negative economic effect on him and he is remorseful for his poor judgment. He realizes now he should have talked with a lawyer before filling out his applications.

28His client has never operated his terminal in an incorrect manner. He has not breached the terms of his agreement. What he did wrong was at the beginning of the process.

29Mr. Foord asked the Board to consider strict conditions that would allow Mr. Akil to continue as a lottery retailer. He could perhaps report once a month by sworn affidavit. He could commit to signing a bond, even making a cash deposit.

30Mr. Akil would be willing to consider any conditions set by the Board that would allow him to continue to operate his lottery business.

Registrar’s Reply

31Mr. Alakas acknowledged the Applicant has committed no new breaches of the law.

32However, the lengthy record of infractions he committed under previous conditions does not provide confidence that different conditions would result in consistent, responsible and lawful behaviour by Mr. Akil.

Analysis and Reasons

33The Board was presented with Exhibit #1, Registrar’s Book of Documents, which outlined the breaches of the Criminal Code of Canada and the Highway Traffic Act committed by the Registrant.

34Licensee's Counsel agreed the convictions and suspensions noted on pages 4 and 5 of Tab #1, Exhibit #1 were registered against Hassan Akil.

35The Board normally considers several aspects when presented with evidence of this nature. Such potential mitigating factors as time passed since the latest conviction, seriousness of offence, period of time over which the offences took place, and repeated offences could be significant.

36In the case of Mr. Akil, his latest offence on July 31, 2007, was the obstruction of a police officer while on probation in that he falsely identified himself to a police officer contrary to Section 129, clause A, of the Criminal Code of Canada.

37This was not an isolated incident. Exhibit #1 documents approximately twenty convictions and suspensions registered against the Applicant beginning in February 2000 and spanning a period of seven years.

38The volume of offences is significant. Equally worrying is the repetition of speeding, failure to produce a driver’s licence, and failure to have an insurance card. This persistent behaviour indicates an obvious contempt for the law.

39The repeated convictions appear to indicate an attitude that laws apply only to other people and are made to be broken. It is not an attitude wanted in a lottery retailer who plays a vital role in maintaining the reputation of a multi-million dollar public enterprise.

40Added to the convictions is the incomplete disclosure by Mr. Akil of these offences despite the importance of full disclosure having been made clear to him on at least three occasions. This further reinforces the perception of lack of honesty and respect for the law indicated by his numerous and repeated offences.

41Registrar's Counsel argued Mr. Akil should not be entitled to registration as a lottery retailer and his licence should be revoked because there are reasonable grounds to conclude he will not act in accordance with law, or with honesty, integrity, or in the public interest.

42The Board agrees Hassan Akil does not meet the standard of honesty and integrity required of a lottery retailer given his lengthy record of convictions and suspensions over a prolonged period of time and his incomplete disclosure of offences as required by law.

Decision and Order

43The Board therefore ORDERS that the registration for Hassan Akil as a gaming supplier, in the class of lottery retailer, operating as 1561643 Ontario Inc Shell Canada, 3726 Richmond Road, Ottawa, Ontario, K2H 5B9, be REVOKED immediately.

DATED AT TORONTO THIS 24th DAY OF October, 2008.