Registrar, Alcohol and Gaming Commission of Ontario v. Ivan John Brkic, 2009 CanLII 20259

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-

Ivan John Brkic Registrant

DECISION AND ORDER

Panel: Patricia McQuaid, Vice-Chair, AGCO Dianne Axmith, Board Member

Decision Date: March 31, 2009 Hearing Location: Toronto, 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: Sujin Chan, Representative Ivan John Brkic, Registrant: Barry Wadsworth, Representative

Allegations

1. A hearing into a Notice of Proposed Order dated November 20, 2008 to revoke the registration of IVAN JOHN BRKIC (the "Registrant"), 1211 – 85 Emmett Avenue, York, Ontario, M6M 5A2, in the class of gaming employee, registration number 87531, on the basis of section 12 of the Gaming Control Act, 1992 ("GCA") that there are reasonable grounds to believe that the Registrant will not act as a gaming assistant in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct, was held by teleconference on March 18, 2009, in the City of Toronto.

2. Sujin Chan, Registrar's Representative, and Barry Wadsworth, Registrant's Representative, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:

3. On June 8th, 2008, the Registrant was on strike and was picketing at Woodbine Racetrack.

4. When a vehicle attempted to drive through the picket line, the Registrant confronted it. The driver of the vehicle was an elderly male and alone at the time of the incident. The Registrant frightened the driver with aggressive behaviour.

5. The Registrant was charged with committing mischief under $5000. The charges were withdrawn as a result of the Registrant accepting Diversion involving 10 hours of community service and reimbursement for the damage of the vehicle.

6. The Registrant answered "No" and failed to provide disclosure to question 10(a) on his applications in January 2004 and January 2008 which required disclosure of all convictions to date.

7. The Registrant answered "No" and failed to provide disclosure to question 5 on his Casino Employee Disclosure Forms in January 2003, February 2005 and January 2006 which required disclosure of charges and convictions in the last year.

8. The Registrant had been convicted of four Highway Traffic Act offences, in 2002 (twice), 2004 and 2005.

9. The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.

10. The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months in 2008.

11. The Registrant previously served an Immediate Suspension in January 2001, and a subsequent 8 week suspension from March 21st – May 15th, 2001 of his gaming registration for providing a minor with his own identification to facilitate the minor gaining access to the gaming floor at Casino Niagara.

Order

3. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of IVAN JOHN BRKIC, 1211 – 85 Emmett Avenue, York, Ontario, M6M 5A2, in the class of gaming employee, be suspended for THREE (3) weeks to commence on July 1, 2009 and continue until July 21, 2009, inclusive.

DATED AT TORONTO THIS 31st DAY OF MARCH, 2009.

PATRICIA MCQUAID, VICE-CHAIR, AGCO DIANNE AXMITH, BOARD MEMBER

Attached

IN THE MATTER OF THE GAMING CONTROL ACT, 1992, S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED

AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION OF IVAN JOHN BRKIC

AGREEMENT

The Registrant, having consulted legal counsel, and the Registrar's Counsel agree to the following:

Agreed Statement of Facts

1. On June 8th, 2008, the Registrant was on strike and was picketing at Woodbine Racetrack.
2. When a vehicle attempted to drive through the picket line, the Registrant confronted it. The driver of the vehicle was an elderly male and alone at the time of the incident. The Registrant frightened the driver with aggressive behaviour.
3. The Registrant was charged with committing mischief under $5000. The charges were withdrawn as a result of the Registrant accepting Diversion involving 10 hours of community service and reimbursement for the damage of the vehicle.
4. The Registrant answered "No" and failed to provide disclosure to question 10(a) on his applications in January 2004 and January 2008 which required disclosure of all convictions to date.
5. The Registrant answered "No" and failed to provide disclosure to question 5 on his Casino Employee Disclosure Forms in January 2003, February 2005 and January 2006 which required disclosure of charges and convictions in the last year.
6. The Registrant had been convicted of four Highway Traffic Act offences, in 2002 (twice), 2004 and 2005.
7. The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.
8. The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months in 2008.
9. The Registrant previously served an Immediate Suspension in January 2001, and a subsequent 8 week suspension from March 21st – May 15th, 2001 of his gaming registration for providing a minor with his own identification to facilitate the minor gaining access to the gaming floor at Casino Niagara.

Joint Submission Regarding Disposition

1. The Registrant shall serve a three week suspension of his gaming registration to commence on July 1st, 2009 and to end on July 21st, 2009, inclusive.

Dated this 09 day of March, 2009

Ivan John Brkic Registrant

Sujin Chan Counsel for the Registrar, AGCO