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 Ontario
Registrar
-and-
Kristopher David Boland
Registrant
DECISION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: November 4, 2009
Hearing Location: Niagara Falls, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Phillip Morris, Representative
Kristopher David Boland, Registrant ) On his own behalf
Allegations
1A hearing into Notice of Proposed Order (“NOPO”) dated May 25, 2009 to revoke the registration of KRISTOPHER DAVID BOLAND, (the “Registrant”) 64 Dunvegan Road, St. Catharines, Ontario, L2P 1H6, as a gaming assistant, in the class of gaming employee, registration number 66854, on the basis the Registrant is not entitled to registration under section 11 of the Gaming Control Act (the “Act”) as there are reasonable grounds to believe that the Applicant 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, and the Registrant is carrying on activities that are in contravention of the Act or regulations, or the terms of the registration, was held on September 25, 2009 in the City of Niagara Falls.
Decision
2After considering all the evidence and submissions the Board REVOKES the registration of Kristopher David Boland as a gaming assistant, in the class of gaming employee. Reasons follow.
Preliminary Matters
3The Registrant appeared without counsel or a representative. He was advised he had a right to counsel. However, Mr. Boland stated he wished to proceed without counsel.
4The Registrant raised no preliminary issues.
5Registrar's Counsel introduced three exhibits:
Updated conviction record of Kristopher David Boland
OPP Occurrence Summary for KDB dated Sept 24/09
Registrar’s Book of Documents
6The Registrant agreed and admitted that the facts contained in these three exhibits were true.
Registrar’s Evidence
7Jeff Longhurst is Manager of Gaming Registration at the Alcohol and Gaming Commission of Ontario (“AGCO”). He has held this position for 10 years.
8The witness stated Kristopher David Boland was registered as a gaming assistant under the Gaming Control Act on March 19, 1998. The registration for such positions is renewed every four years.
9Mr. Boland, on April 23, 1998, signed and consented to terms attached to his registration, including the condition that he informs the Deputy Registrar within five days of any charges, convictions, finding of guilt or other disposition of any charges under any legislation. This was done due to previous convictions under the Highway Traffic Act.
10On June 4, 2003, Mr Boland was convicted of impaired driving and received a one year licence suspension, a $900 fine and was ordered to have an Alcohol Ignition Device installed in his vehicle.
11Following that conviction, on June 28, 2003, Mr. Boland consented to inform the Deputy Registrar in writing within 10 days of any charges or convictions under any legislation.
12On August 3, 2003, Mr. Boland was charged with assault on his wife. On September 15, 2003 he was convicted of assault and received a conditional discharge and 15 months probation.
13On January 2, 2004, Mr. Boland again consented to advise the Deputy Registrar in writing within 10 days of any charges or convictions under any legislation.
14On July 16, 2006, Mr. Boland was charged with Level 1 Assault and convicted of such on November 23, 2006. He received a suspended sentence and three years probation.
15On October 6, 2006, Mr. Boland was arrested and on April 23, 2007, convicted of impaired driving and two counts of Fail to Comply for which he received a jail term of several days and a $250 fine.
16Mr. Boland was prohibited from driving and his licence is under suspension until April 23, 2010.
17On April 5, 2007, Mr. Boland was charged with assault, breach of recognizance and consumption of alcohol in violation of court conditions. He was sentenced to 18 days detention and received a $250 fine.
18Further investigation revealed the Registrant had six other convictions under the Criminal Code of Canada between September 2003 and April 2007 which had not been disclosed to the Registrar.
19In addition, the Registrant was found to have 18 convictions or suspensions under the Highway Traffic Act between May 1990 and April 2007, also undisclosed to the Registrar.
20On January 4, 2008, the Deputy Registrar issued an NOPO to revoke the registration of Mr. Boland and to refuse to renew his registration due to the convictions registered against him under the Criminal Code of Canada and Highway Traffic Act.
21On March 16, 2009, Mr. Boland plead guilty to Assault, contrary to the Criminal Code of Canada and his conditions of probation.
22Another charge was registered against Mr. Boland on July 4, 2009, for driving while disqualified, a criminal charge. He has not contested this allegation.
23Mr. Longhurst testified that very high standards of honesty and integrity are required in the gaming industry in order for the public to be assured that gaming facilities are operated in accordance with the law and in the public interest.
24An NOPO to revoke Mr. Boland’s registration was prepared in early 2008. A hearing was held on May 15, 2008 but the panel accepted the Deputy Registrar’s request to withdraw the Proposed Order based on Mr. Boland consenting to extensive counselling.
25However, further infractions since May 2008 have made Mr. Boland’s employment as a gaming assistant untenable.
26The witness stated the Registrant’s past conduct is not good and there appears to be no end in sight to this destructive pattern of behaviour.
27The witness requested that Mr. Boland’s registration be revoked as he has not acted in accordance with the law and appears to lack sufficient personal integrity given his conduct over the past several years.
28The Registrant declined to conduct a cross-examination.
Registrant’s Evidence
29Kristopher Boland testified that he has no excuses for his behaviour. He has tried counselling before but it has not worked. He has a new counsellor now but the sessions are expensive. He agreed the evidence against him looks terrible.
30On cross-examination the witness acknowledged his conduct in the last year has been getting worse, not better. In fact, his latest offence was committed within the last two months.
31The witness stated the domestic abuse is a product of his alcohol abuse.
Registrar’s Submissions
32Registrar's Counsel noted the Gaming Control Act outlines the standard by which registration as a gaming assistant can be refused.
33The most important provision is that candidates must be able to perform their duties with honesty and integrity and in accordance with the law.
34The evidence presented at the hearing of frequent convictions under the Criminal Code of Canada and the Highway Traffic Act demonstrates convincingly that the Registrant does not meet this required standard.
35In addition, the Registrant has breached conditions of parole in 2007 and 2009.
36The Registrant was given a chance at an AGCO hearing in 2008 to mend his ways and keep his job. The evidence presented shows he did not live up to the commitment he made at that hearing. In fact, his reckless and criminal behaviour is accelerating and getting worse.
37The gaming industry has very high standards. It is a cash intensive industry and the public demands the highest levels of integrity.
38It is clear a person with Mr. Boland’s problems should not be in this industry.
39Nothing Mr. Boland has said today can give any confidence that his behaviour will change.
40The Registrar therefore requests that the registration of Mr. Boland to be a gaming assistant be revoked.
Registrant’s Submissions
41Mr. Boland stated he will try to improve. He hopes his treatment will work this time.
Registrar’s Reply
42There was no reply submission from Registrar's Counsel.
Analysis and Reasons
43The Book of Documents (Exhibit #3) placed into evidence by Registrar's Counsel outlines a series of Criminal Code of Canada and Highway Traffic Act convictions over a number of years. Some of the convictions are recent.
44The Registrant acknowledged the facts as presented were all true. He stated he had no excuse for his behaviour and indicated that alcohol abuse was behind much of his problems.
45The Registrant was given an opportunity in 2008 at an AGCO hearing to mend his ways and thereby keep his job. He was not able to abide by his undertaking and committed further offences.
46The Registrant was unable to offer any indication that his unlawful and destructive behaviour would change in the near future.
47The Board recognizes the obligation of the Registrar to ensure that only persons of honesty and integrity capable of operating within the law and in the public interest are employed in the casino of the province.
48The evidence presented clearly demonstrates that Kristopher David Boland does not meet this mandatory requirement for employment.
49Given the facts above, the Board FINDS that Kristopher David Boland does not meet the standards of honesty and integrity required by the Gaming Control Act for employment as a gaming assistant in the province of Ontario and hereby revokes his license to operate in that capacity.
Order
50For the above reasons, the Board REVOKES the registration of KRISTOPHER DAVID BOLAND, 64 Dunvegan Road, St. Catharines, Ontario, L2P 1H6, as a gaming assistant, in the class of gaming employee, registration number 66854, effective immediately.
DATED AT TORONTO, THIS 4th DAY OF November , 2009.
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER