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-
Enrico Ferri Registrant
DECISION AND ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: June 19, 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 ) Brad Alton, Representative Enrico Ferri, Registrant ) Barry Wadsworth, Representative
Allegations
A hearing into a Notice of Proposed Order dated March 19, 2009 to revoke the registration of ENRICO FERRI (the "Registrant"), 154 Goulding Avenue, North York, Ontario, M2M 1L7, file number 114440, as an OLG Security Officer, in the class of gaming employee, on the basis 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 his past conduct, was held by teleconference on June 8, 2009, in the City of Toronto.
Brad Alton, 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:
On June 20th, 2008, the Registrant was on strike and picketing at Woodbine Racetrack.
When a vehicle attempted to drive through the picket line, the picketers, including the Registrant, detained the vehicle.
The Registrant spoke to the occupants of the vehicle on two occasions.
The Registrant was charged with threatening bodily harm contrary to section 264.1(1)(a) of the Criminal Code of Canada.
The charges were withdrawn by the Crown as a result of the Registrant accepting Diversion involving a Peace Bond in relation to the driver of the vehicle.
The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.
The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months between September and November 2008.
The Registrant inadvertently failed to disclose four convictions under the Highway Traffic Act which ought by right to have been disclosed when renewing his registration.
The Registrant now understands that such offence convictions must be disclosed during registration renewals.
The Registrant has no prior record of suspensions with the Alcohol and Gaming Commission.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of ENRICO FERRI, 154 Goulding Avenue, North York, Ontario, M2M 1L7, in the class of gaming employee, be suspended for TWO (2) weeks (14 consecutive days) to commence on Monday, August 17, 2009 and to end on August 30, 2009, inclusive.
DATED AT TORONTO THIS 19th DAY OF June, 2009.
PATRICIA MCQUAID, VICE-CHAIR
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 ENRICO FERRI REGISTRATION NUMBER 114440
AGREEMENT
The Registrant, having consulted legal counsel, and the Registrar's Counsel agree to the following:
Agreed Statement of Facts
On June 20th, 2008, the Registrant was on strike and picketing at Woodbine Racetrack.
When a vehicle attempted to drive through the picket line, the picketers, including the Registrant, detained the vehicle.
The Registrant spoke to the occupants of the vehicle on two occasions.
The Registrant was charged with threatening bodily harm contrary to section 264.1(1)(a) of the Criminal Code of Canada.
The charges were withdrawn by the Crown as a result of the Registrant accepting Diversion involving a Peach Bond in relation to the driver of the vehicle.
The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.
The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months between September and November 2008.
The Registrant inadvertently failed to disclose four convictions under the Highway Traffic Act which ought by right to have been disclosed when renewing his registration.
The Registrant now understands that such offence convictions must be disclosed during registration renewals.
The Registrant has no prior record of suspensions with the Alcohol and Gaming Commission.
Joint Submission Regarding Disposition
- The Registrant shall serve a three week suspension of his gaming registration, in the class of gaming employee, to commence Monday, August 17th, 2009 and to end on August 30th, 2009, inclusive.
Dated this 4th day of June, 2009
Enrico Ferri Brad Alton Registrant For the Registrar of Alcohol and Gaming