Ontario Racing Commission v. Sandy Jones, 2005 CanLII 81012

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

The licence of driver/trainer Sandy Jones was suspended pursuant to Rule 6.38.05(iii) of the Rules of Standardbred Racing (ruling number SB 253/2005), pending (i) provision of a negative urine sample at his expense and (ii) an appearance before the Ontario Racing Commission, after testing positive for THC CARBOXYLIC ACID on October 27, 2005.

Mr. Jones provided a negative sample on November 4, 2005. On November 22, 2005, Chair Lynda Tanaka, sitting alone, convened to hear the matter.

Mr. Jones appeared on his own behalf and counsel Aaron Dantowitz appeared for the Administration.

Upon reviewing the exhibits filed and upon hearing the evidence of Mr. Jones and the submissions of the parties, the Commission ordered as follows:

The suspension of Mr. Jones' licence as a driver is continued until February 22, 2006;
Mr. Jones' licence as a trainer will be suspended commencing January 1, 2006 and continuing until February 22, 2006. Mr. Jones is prohibited from post-parading and warming up from November 22, 2005 till February 22, 2006, inclusive.
Following these suspensions, Mr. Jones shall be on an 18-month probation period (February 23, 2006 until August 22, 2007, inclusive). During both the suspension period and the probation period (November 22, 2005 until August 22, 2007, inclusive), the following conditions shall apply:

(a) Mr. Jones shall enroll in and attend a rehabilitation program satisfactory to the Director of Racing;

(b) Mr. Jones shall present himself to the drug unit to provide a urine sample whenever random testing is being carried out under Rule 6.28 at a racetrack where he is programmed to be present;

(c) Should Mr. Jones fail to provide a sample when required, or should he provide a positive, improper and/or unacceptable sample during this period, Mr. Jones will be fully suspended, commencing immediately and continuing until August 22, 2007.

The Commission gave oral reasons for its decision which form part of the transcript.

DATED this 12^th day of December 2005.

John L. Blakney

Executive Director

Hearing conducted in the Hearing Room of the Ontario Racing Commission, 7th Floor, 20 Dundas Street West, Toronto, Ontario, on Tuesday the 22nd day of November, 2005.

L. Tanaka Chair

Aaron Dantowitz Counsel for the Administration

Appellant For Himself

--- Upon resuming at 9:54 a. m.

REASONS FOR DECISION

THE CHAIR: The concerns with respect to drugs around the racetrack are multifaceted. There are many aspects to it. When you were caught these last two times, you were there to drive.

MR. JONES: Yes.

THE CHAIR: So you presented yourself as someone who was fit to drive and fully in command of his senses and able to respond to whatever emergency might present itself in the course of the race, with your reflexes fully alive to all the issues and the fact that other race participants are counting on you to be on your toes, and rather than that, you had drugs in your system. So you presented a danger and we don't have a testing system yet that can get you off the track if you present yourself with drugs in your system before you race, but you raced and there's no evidence before me there were any accident so I guess you got away with it. But the problem is that there is a real issue with respect to the safety of the race participants including the horses with respect to the use of these drugs. Whether you actually use them or bring them onto the racetrack.

MR. JONES: I wasn't being smart when I said that.

THE CHAIR: No, I understand that. Now, there's a real issue, here, when you were being monitored, if I can put it that way, in terms of a rehabilitation program. In the period after 2002 you seemed to be able to pull yourself out of it and we have two incidents, now, within the last 24 months in which you've had personal stress. You have not been supported in a rehabilitation program or counselling. You may have heard all of the things the rehabilitation people have to say, but you were not getting that support and while I appreciate your dedication to going to church, that is not counselling. That is not rehabilitation support.

I also understand the issues of the financially implications, but there is a real safety issue here and I find it preferable to take you off the race course so that you have some time to think about this because I'm not satisfied that you've yet got the point. I don't want to have other drivers or horses injured so that they're off the racetrack because of an injury because you couldn't respond quickly enough.

So what I'm going to do, I appreciate the financial situation is very difficult. I'm going to give you a three months suspension as a driver and commencing today. I'm going to give you a suspension of your trainer's licence starting January 1, '06.

So he will be suspended as a driver from November 22nd until February 22nd. Suspension as a trainer, as well, from January 1, '06 to February 22nd, '06. So there's a period of time when you're not doing either. Probation period, 18 months, during which period, both of the suspension and probation, you will enroll and attend a rehabilitation program satisfactory to the Director of racing.

Also, during the period of probation and I guess the suspension period, because there will be a brief period of about a month and a week when you could be a trainer but not a driver, if the test unit is at the track where you're programmed as a trainer then you will undergo the testing.

And finally, if you provide a positive, improper and/or unacceptable urine sample, then during that 18 months, or during that suspension period, then again, you'll have an immediate and full suspension for the remainder of the probation.

A ruling will be issued by the Executive Director, containing those terms. Are you clear on the terms.

MR. DANTOWITZ: Can you just clarify one term? The condition of the probation that requires Mr. Jones to appear when the drug unit is at the track, is that the only when he's programmed as a trainer?

THE CHAIR: No. There will be a period of suspension when he can be a trainer. The period between November 2nd and January 1, '06, he could be at the track as a trainer, then there'll be a period when he can't be at the track at all, January 1, '06 to February 22nd, '06, because both licenses are suspended, and then we get into the 18 month probation period. Is that clear enough?

The reason I'm delaying suspension of your trainer's license is to give you an opportunity to deal with your percentage ownership without being under as much time stress as you would be if I said you're suspended today for all purposes. So that gives you a window of opportunity. Racing will slow down a bit, now. Maybe you can deal with your assets as well as you can in that period without too much pressure. That's about five or six weeks to deal with that issue. January 1st until February 22nd is the total suspension. All right?

MR. DANTOWITZ: My apologies, Madam Chair, does the training suspension also include a prohibition on warming up and parading?

THE CHAIR: I see. Is he's attending as trainer, warm-up, post-parade, etcetera? I think the idea is to keep him separated from physically being on the track so that, assuming the trainer's license allows him to do the warming up and parading, then that prohibition should be there.

MR. DANTOWITZ: Along with driving.

THE CHAIR: Along with the driving. Yes. If you're a trainer, you can't drive, right? He's not licensed as a driver to compete in a race. That's my expectation: He will not be on the racetrack in the sulky behind a horse that is programmed to race. Thank you.

--- Whereupon proceedings adjourned at 10:01 a. m.

I HEREBY CERTIFY THE FOREGOING

to be a true and accurate transcription

of a cassette tape recording

to the best of my skill and ability.

MAUREEN BYNOE, Stenomask Reporter

B. A., Commissioner of Oaths