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-
Kimberley Ann Davidson
Registrant
DECISION
Panel: Beryl Ford, Board Member
S. Grace Kerr, Board Member
Decision Date: August 15, 2011
Hearing Location: Toronto, 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
Kimberley Ann Davidson
Page 2
Appearances
Registrar, Alcohol and Gaming Commission ) Daniel Alakas, Representative
Kimberley Ann Davidson, Registrant ) On her own behalf
Allegations
A hearing into a Notice of Proposed Order dated October 13, 2010 (“the NOPO”) to revoke the registration of KIMBERLEY ANN DAVIDSON, 56 Roehampton Avenue, Unit 19, St. Catharines, Ontario, L2M 7W9 as a gaming assistant in the class of gaming employee under the Gaming Control Act, 1992, registration number 77848, file number 73467, on the basis that she is disentitled to registration or renewal of registration under section 10 or 11 of the Gaming Control Act, 1992, (the “GCA”), was held on April 13, 2011 in the City of Niagara Falls and on July 28, 2011 in the City of Toronto, Ontario.
The proceedings were simultaneously translated for Ms Davidson through American Sign Language interpreter, Ms Romi Donergan.
Ms Davidson was advised of her right to legal representation, and waived that right.
Reasons
The Board notes that Ms Davidson’s first name is misspelled at various times in the NOPO, the Notices of Hearing, the Board’s Order dated May 12, 2011, and the Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1). The Board finds that Ms Davidson’s first name is misspelled as “Kimberly”, when the correct spelling is “Kimberley”, according to both the Registrant’s Request for a Hearing form, dated October 18, 2010, and her signature on page 3 of Exhibit #1.
Pursuant to Rule 1.5 of the Board’s Revised Rules of Practice (“the Rules”), no proceeding is invalid by reason only of a defect or other irregularity in form. In the Board’s view, the misspelling of Ms Davidson’s first name is a defect or other irregularity in form. Also, Rule 2.6 of the Rules allows the Board to correct any typographical or other technical errors made in its orders, which includes the Board’s order dated May 12, 2011.
Furthermore, Daniel Alakas, Registrar’s Representative, and Ms Davidson, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1), which form part of this decision. It was agreed and admitted as follows:
- “Kimberley Ann Davidson has been registered as a gaming assistant in the class of gaming employee since July 6, 1999. She is currently employed at Fallsview Casino as an Environmental Services Associate.
Kimberley Ann Davidson
Page 3
Kimberley Ann Davidson submitted her annual renewal application form on June 23, 2010.
Kimberley Ann Davidson answered “no” to question #6 of her annual renewal application which asks: 6) Have you been charged, found guilty or convicted of any offence in any jurisdiction in the last year.
Kimberley Ann Davidson had been charged, under the Controlled Drugs and Substances Act, on September 10, 2009 with Possession of a Controlled Substance for the Purpose of Trafficking and Production of a Controlled Substance.
Kimberley Ann Davidson failed to disclose these charges to the Deputy Registrar on the annual renewal application as required.
The aforementioned charges resulted from an investigation by the Niagara Regional Police in which a Controlled Drugs and Substances Act search warrant was executed at Kimberley Ann Davidson’s residence on September 10, 2009.
Upon entering the residence officers detected a strong odour of marijuana coming from the main floor laundry room and access to the basement was blocked by a locked door. Upon forcing entry to the basement through the locked door, Police discovered a marijuana grow operation.
Further search of the residence revealed a large, visible, venting tube running up from the basement, through the main floor laundry room and up through the attic of the residence.
A search of Kimberley Ann Davidson’s purse, incident to the arrest, revealed that she had the keys to the locked basement door in her possession. A further search of the residence revealed drug paraphernalia associated with marijuana use in Kimberley Ann Davidson’s bedroom.
On May 18, 2011 a male individual associated with Kimberley Ann Davidson’s daughter, who resided with her, provided a sworn affidavit to the Crown stating that the marijuana grow operation was his and that he was responsible for it.
Based on the aforementioned facts, Kimberley Ann Davidson admits to not having disclosed her criminal charges on her annual review application as she was required to do and to not having acted as a gaming assistant with honesty, integrity or in accordance with the law.”
Order
In this case, the Board exercises its authority under Rules 1.5 and 2.6 to correct the spelling of the Registrant’s first name so that it reads “Kimberley” throughout these proceedings.
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that:
- the registration as a gaming assistant of Kimberley Ann Davidson shall be subject to the following Terms of Registration:
Kimberley Ann Davidson
Page 4
Kimberley Ann Davidson shall advise the Deputy Registrar, in writing, within five days, of any and all incidents occurring at her place of employment that result in any disciplinary documentation, including documented written or verbal warnings, counselling, penalties or suspensions.
Kimberley Ann Davidson shall advise the Deputy Registrar, in writing within five days, of any and all charges (including the issuance of any appearance notice and/or summons), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
- the registration of KIMBERLEY ANN DAVIDSON, 56 Roehampton Avenue, Unit 19, St. Catharines, Ontario, L2M 7W9 as a gaming assistant in the class of gaming employee, shall be suspended for nine 12-hour shifts, to be served on the dates as follows: August 22, 23, 26, 27, 28, 31, 2011, September 1, 5 and 6, 2011 inclusive.
DATED AT TORONTO THIS 15th DAY OF August , 2011.
BERYL FORD, BOARD MEMBER S. GRACE KERR, 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
AS A GAMING ASSISTANT OF
KIMBERLEY ANN DAVIDSON
AGREEMENT
The Registrant, has been advised of the Registrant’s right to consult independent legal counsel, prior to entering into this Agreement.
Agreed Statement of Facts
The Registrant and Registrar’s Counsel agree to the following facts:
Kimberley Ann Davidson has been registered as a gaming assistant in the class of gaming employee since July 6, 1999. She is currently employed at Fallsview Casino as an Environmental Services Associate.
Kimberley Ann Davidson submitted her annual renewal application form on June 23, 2010.
Kimberley Ann Davidson answered “no” to question #6 of her annual renewal application which asks: 6) Have you been charged, found guilty or convicted of any offence in any jurisdiction in the last year.
Kimberley Ann Davidson had been charged, under the Controlled Drugs and Substances Act, on September 10, 2009 with Possession of a Controlled Substance for the Purpose of Trafficking and Production of a Controlled Substance.
Kimberley Ann Davidson failed to disclose these charges to the Deputy Registrar on the annual renewal application as required.
The aforementioned charges resulted from an investigation by the Niagara Regional Police in which a Controlled Drugs and Substances Act search warrant was executed at Kimberley Ann Davidson’s residence on September 10, 2009.
Upon entering the residence officers detected a strong odour of marihuana coming from the main floor laundry room and access to the basement blocked by a locked door. Upon forcing entry to the basement through the locked door, Police discovered a marihuana grow operation.
Further search of the residence revealed a large, visible, venting tube running up from the basement, through the main floor laundry room and up through the attic of the residence.
As search of Kimberley Ann Davidson’s purse, incident to arrest, revealed that she had the keys to the locked basement door in her possession. A further search of the residence revealed drug paraphernalia associated to marihuana use in Kimberley Ann Davidson’s bedroom.
On May 18, 2011 a male individual associated to Kimberley Ann Davidson’s daughter, who resided with her, provided a sworn affidavit to the Crown stating that the marihuana grow operation was his and that he was responsible for it.
Based on the aforementioned facts Kimberley Ann Davidson admits to not having disclosed her criminal charges on her annual review application as she was required to do and to not having acted as a gaming assistant with honesty, integrity or in accordance with the law.
Kimberley Ann Davidson has accepted responsibility for her actions and has expressed both remorse and a commitment to exercise a greater level of responsibility and judgement in the future.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant Kimberley Ann Davidson jointly submit that the following disposition is appropriate in the circumstances:
The Registrant hereby withdraws the request for a hearing into this matter.
The Registrant agrees that the registration as a gaming assistant of Kimberley Ann Davidson shall be subject to the following Terms of Registration:
Kimberley Ann Davidson shall advise the Deputy Registrar, in writing, within five days, of any and all incidents occurring at her place of employment that result in any disciplinary documentation, including documented written or verbal warnings, counselling, penalties or suspensions.
Kimberley Ann Davidson shall advise the Deputy Registrar, in writing within five days, of any and all charges (including the issuance of any appearance notice and/or summons), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
The Registrant, Kimberley Ann Davidson shall serve 9 – 12 hour shifts suspension of her registration as a gaming assistant.
The agreed suspension dates are as follows: August 22, 23, 26, 27, 28, 31, 2011, Sep 1, 5, 6, 2011
Dated this 23 day of June 2011.
_________________________ June 23/2011
Kimberley Ann Davidson Date
___________________________ June 23/2011
Daniel Alakas Date
Counsel to the Registrar, AGCO