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

Standardbred Owner/Trainer/Driver Jean Chretien (Licence #535914) appealed the Executive Director's Revised Standardbred Ruling SB31(a)/2005 dated February 17, 2005, wherein Jean Chretien was found to have violated Rule 6.47.3(a) and (b) of the Rules of Standardbred Racing by failing to report the deaths of the standardbred horses ARMBRO MIRACLE and DON'T ASK CHRIS, of which horses Jean Chretien was trainer of record at the time of their deaths on or about September 7, 2004, and wherein Jean Chretien was suspended as driver, owner and trainer for six months, from February 17, 2005 until August 16, 2005, inclusive, and fined the sum of $5,000.00 payable prior to the conclusion of the suspension and prior to Jean Chretien being permitted to participate directly or indirectly in racing.

On August 22, 2005, a Panel of the Commission consisting of Chair Lynda Tanaka and Commissioners Jane Garthson and David Gorman, convened to hear the appeal. Brendan Van Niejenhuis acted on behalf of the Administration. Gary Guzzo acted on behalf of Jean Chretien.

On hearing the evidence of Jeremy Locke, Stephanie Auger, Jean Chretien and Paul Belanger, and on reading the exhibits filed, the Panel dismissed the appeal on liability but allowed the appeal on penalty, in part, by substituting the following penalty:

(a) Jean Chretien's trainer's licence is suspended for a period of six (6) months, less ten (10) days credit to account for the suspension already served prior to a stay being granted of the original Ruling, commencing September 1, 2005 and ending February 19, 2006;

(b) Jean Chretien's owner's licence is suspended for a period of six (6) months, less ten (10) days credit to account for the suspension already served prior to a stay being granted of the original Ruling, commencing September 30, 2005, and ending March 30, 2006;

(d) Jean Chretien is fined the total of $5,000.00, subject to paragraphs (e) and (f);

(e) Of the total fine of $5,000.00, the requirement to pay $2,500.00 of that amount is hereby stayed for the period of one year, after which that amount owing shall be vacated, but if within one year of the date of this Ruling, Jean Chretien is found to have violated any of the rules relating to the protection of the horse, including the whipping rule, and the rule requiring both of the driver's feet to be in the stirrups, that amount of $2,500.00 shall become immediately due and payable;

(f) Of the remaining, unstayed fine of $2,500.00, Jean Chretien shall pay that amount by September 30, 2005;

(g) Prior to the conclusion of his suspension, Jean Chretien shall go before the Judges, and the Judges shall orally brief Jean Chretien on the Rules of Standardbred Racing with respect to all matters ordinarily covered as part of the Trainers' Examination and with due regard to his relative fluency in English and French.

The Commission’s Reasons for Decision form part of the transcript of the hearing and are attached to this Ruling.

DATED this 29^th day of August, 2005.

John L. Blakney

Executive Director

IN THE MATTER OF STANDARDBRED OWNER/DRIVER/TRAINER

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

L. Tanaka Chair

J. Garthson

D. Gorman

B. Van Niejenhuis Counsel for the Administration

Garry Guzzo For the Appellant

Upon resuming on August 22nd, 2005, 3:55 p.m.

THE CHAIR: I see I have an exhibit stamp here. There are 5 photographs that are identified individually as 2(a) through to (e). The balance of the photographs will be simply marked, Exhibit 2.

The panel has been able to come to a unanimous decision in this case and these are the reasons:

Mr. Chretien is before us, charged with a violation of Rule 6.47.3, which provides that if a horse dies after 14 days but within 60 days of it being entered or qualified to race, the trainer of record at the time of the death of the horse shall inform the Director of Racing of the death of the horse and provide copies of any reports prepared by the veterinarians.

A notice of revised Standardbred Ruling, No. SB 31(a)/2005, dated February 17, 2005 was provided to us at tab 3 of Exhibit 1. It was issued February 17, 2005 and alleged a violation of this rule and Rule 6.47.3(b), which I've referred to with respect to two horses, ARMBRO MIRACLE and DON'T ASK CHRIS. The ruling was of an immediate suspension, commencing February 17, 2005, for a period of 6 months with a $5,000.00 fine. Mr. Chretien secured a stay of that ruling in Standardbred Ruling 41/2005.

We find on the evidence that Mr. Chretien has violated the rules as alleged by the Administration. The obligation to report the death of the horse is clearly on the trainer of record and the rule indicates the obligation continues to exist unless and until the identity of the trainer of record is changed with Standardbred Canada within the time frame of the rules. We believe it is the trainer's obligation to change the trainer identity and the owner's to ensure the owner's identity is changed. Those licensees can, acting reasonably, take steps to discharge its obligations.

In this case, we do not accept that ownership had changed of the two horses when they were given over to Mr. Vis to truck to the sale. In any event, the rule violation relates to Mr. Chretien's position as trainer of record and not as owner. No adequate explanation has been given as to his diligence or lack of it with regard to his obligation to report the death of the two horses.

We adopt the wording of the panel in the Skelhorn matter, Ruling No. SB COMMISSION 008/2004, dated February 20th, 2004, that the death registry and its requirements are an important and significant tool to ensure that the race horses, which are at the centerpiece of horseracing in Ontario, are properly protected and safeguarded. Further, we adopt the ruling that the dictates of the rules must be observed by all participants in the industry so that the Commission in its regulation of horseracing can protect the equine athlete to the fullest extent that may be possible.

With respect to penalty, the Administration has requested a $5,000.00 fine and 6 month suspension of all three categories of license: owner, trainer, and driver. Our main concern in this case is to address the protection of the horse. Mr. Chretien has failed to discharge his trainer's obligation properly and we do not hesitate to suspend that licence for 6 months, less the 10 days he has already served, commencing September 1, 2005 to allow him to finish his discharge of his obligations that he's already undertaken in that regard.

With respect to the owner's licence, because of the obligation on owners and the ability of an owner to direct the care of the horse, and because it was as owner that he gave the horse to Mr. Vis without regard to the potential that the horses might be injured on the way to the sale, we suspend his owner's licence as well but we defer the commencement date of the suspension period, again with the credit of the 10 days served, to September 30, 2005. In that period prior to September 30th, Mr. Chretien cannot acquire any new ownership interests. We are simply providing a time-period in which he can sell his ownership interest.

With respect to the driver's licence we do not suspend that licence on the basis that his involvement with horses will be public and under the supervision of trainers, owners, and the Standardbred judges.

With respect to the fine of $5,000.00 we order that $2,500.00 of that penalty be stayed for a period of one year. If in the course of that year Mr. Chretien violates any rules relating to the health and welfare of the horse, including the whipping rule and the rule requiring that he keeps both feet in the stirrups, then the $2,500.00 will be immediately payable in addition to any other penalty imposed by the judges. We give him until September 30th to pay the other $2,500.00, that's September 30, 2005.

The reason we are modifying the monetary penalty is that the penalty of $5,000.00 was intended to be a punishment significant to the trainer in question. If $5,000.00 was significant to a trainer of the earnings of William Robinson, then the same penalty would be too harsh for someone of more limited resources such as Mr. Chretien.

Finally, Mr. Chretien has apparently been in the industry for decades. The issue of Mr. Chretien's illiteracy and his inability to keep up to date with the rules of racing have been front and centre in these proceedings. Indeed, it was said that he did not know about the new rule concerning the dead horse registry, therefore, before Mr. Chretien's licence suspension as trainer and owner is lifted, Mr. Chretien must attend before a panel of the Ontario judges. The judges are to review, orally, with Mr. Chretien, those matters that would normally be covered in the trainer's examination by Standardbred Canada. Accommodation for his French language fluency, as compared to his English language fluency, must be made in the course of this. That is our ruling.

Are there any questions?

MR. VAN NIEJENHUIS: Not on my behalf.

THE CHAIR: That's clear enough for you?

MR. GUZZO: Will we receive that in writing?

THE CHAIR: The transcript is normally ordered, sir. That is usually ordered by the Administration, and that will be attached to the formal ruling which is signed by the executive director and sets out the terms so that both Mr. Chretien can understand clearly and also the judges at each of the racetracks will understand the limited extent of Mr. Chretien's ability to participate.

MR. GUZZO: You did say September 30th?

THE CHAIR: September 30th for his owner's licence. September 1st for the trainer's. September 1st is a week from Thursday, so it's 10 days, anyway, for him to deal with his other obligations he's got as trainer.

MR. GUZZO: Thank you.

THE CHAIR: Thank you very much. We appreciate very much the assistance of counsel today.

‑‑‑ Whereupon proceedings adjourned at 4:01 p. 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

Jean Chretien, 2005 CanLII 81020

Case Summary

Garry Guzzo For the Appellant

I HEREBY CERTIFY THE FOREGOING