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-
Wilson Joseph Fernandes o/a Michels Tobacco & Variety
Applicant
DECISION
Panel: Beryl Ford, Board Member Alex McCauley, Board Member
Decision Date: September 2, 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 ) Daniel Alakas, Representative
Wilson Joseph Fernandes, Applicant ) On his own behalf
Allegations
- A hearing into a Notice of Proposed Order (“NOPO”) dated April 21, 2009 to refuse the application for registration by Wilson Joseph Fernandes operating as MICHELS TOBACCO & VARIETY (“Applicant”) as a gaming supplier, in the class of lottery retailer, file number 7912, on the basis of paragraph 10(b) of the Gaming Control Act (“GCA”) that the Applicant will not act as a gaming supplier in accordance with law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on August 12, 2009, in the City of Toronto.
Decision
- After considering all the evidence and submissions the Board REFUSES the application for registration as a gaming supplier by Wilson Joseph Fernandes operating as Michels Tobacco & Variety. Reasons follow.
Preliminary Matters
The Applicant appeared on his own behalf and waived the right to be represented by a barrister and solicitor.
As admitted, Mr. Fernandes failed to answer honestly questions about previous criminal charges on two separate applications dated August 16, 2007 and September 18, 2008.
A due diligence investigation conducted November 26, 2008 revealed Mr. Fernandes had a number of Criminal Code convictions registered against him which include offences for possession of marijuana, forged documents regarding counterfeit Transpo bus tickets and possession of non-duty alcohol.
In 2008 Mr. Fernandes was charged with theft of newspapers at his business. The charges were withdrawn.
The parties agreed to the facts as outlined in the NOPO. The Applicant admitted to the facts as presented and wanted only to make submissions as to why he should be registered as a gaming supplier.
The facts as outlined in the NOPO were accepted by the Board.
The official transcript of the criminal record of Wilson Fernandes (Exhibit 1), the Registrar’s Book of Documents (Exhibit 2), copies of the Retailer Training Certificate and the Lottery Retailer Scorecards, dated October 31, 2008 and June 7 (year absent) (Exhibit 3), as well as copies of sales records for 2007/2008 (Exhibits 4a and 4b) were all entered into evidence.
Applicant’s Submissions
Wilson Joseph Fernandes stated that he has been a licensed supplier since 1988. As evidenced by Exhibits 3 and 4, he is a successful supplier and has stood up to the scrutiny of “mystery shoppers”, individuals who make purchases surreptitiously in order to ensure that the retailer is conducting themselves lawfully.
Mr. Fernandes maintains that despite his criminal record he is an honest man who works long hours and has never compromised his position as a gaming supplier. He exceeds expectations with his sales.
He stated that he plead guilty to his criminal offences on the advice of his lawyer in order to save money.
Mr. Fernandes stated he was sorry and asked for a second chance.
Registrar’s Submissions
The Registrar’s Representative submitted that the Registrar is tasked with safe guarding the public and the integrity of the lottery system. The corner stone in all of this is the honesty and integrity of registrants.
The Applicant failed to disclose both his criminal convictions and the charges. He was not honest on his application. He was afraid of losing his licence.
The criminal code conviction and charges are not isolated incidents. There were 15 charges overall for a number of offences, many of which took place at the Applicant’s place of business and had a business theme, such as forgery in relation to the Transpo tickets as well as the newspaper thefts.
There appears to be a pattern where the Applicant is not operating in accordance with law. Integrity in the lottery system is a fragile matter.
The Applicant has failed the honesty test on many levels. He had the opportunity to act in accordance with the Act but chose not to.
Based on all the factors it is reasonable to believe that the Applicant will not act with honesty and with integrity as required and the Registrar is asking that registration be refused.
Reasons and Analysis
The Board has carefully considered the evidence and submissions of the Applicant and of the Registrar’s Representative.
The Applicant admitted to committing the offences as outlined in the NOPO. Further, the Applicant clearly chose to deceive the licensing authority by answering the key questions regarding charges and criminal convictions dishonestly.
The Board is very concerned with the types of criminal offences and charges against the Applicant. All were in relation to his business practices. The Board sees a pattern of a retailer that does not hesitate to ignore the law in order to make a profit. The Applicant further exacerbated his problems by attempting to deceive the licensing authority by lying on the application form as it related to his criminal past.
The Board agrees with the Registrar that gaming, as a regulated industry in Ontario, requires the utmost honesty and integrity be demonstrated by a registered gaming supplier in order to maintain the confidence of the public in the regulation of gaming operations.
The Board would be very concerned if this Applicant were to be registered based on his previous criminal conduct, not even considering his deceit in relation to the application form.
For the above noted reasons the Board orders that the application of Wilson Joseph Fernandes be refused.
Order
- For the above reasons the Board finds that there are reasonable grounds to believe that the Applicant will not act as a gaming supplier in accordance with law, or with integrity, honesty, or in the public interest, having regard to his past conduct and therefore ORDERS that the application for registration as a gaming supplier by Wilson Joseph Fernandes operating as MICHELS TOBACCO & VARIETY be REFUSED.
DATED AT TORONTO THIS 2nd DAY OF SEPTEMBER, 2009.
BERYL FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER