IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 C. 20;
AND IN THE MATTER IN THE APPEAL OF
STANDARDBRED DRIVER/TRAINER LUC VIAU
Standardbred Driver/Trainer, Luc Viau was required to appear before the Ontario Racing Commission pursuant to Rule 6.38.05(iii) of the Rules of Standardbred Racing.
On May 11, 2006, Chair Lynda Tanaka of the Ontario Racing Commission convened to hear the appeal.
Mr. Viau appeared on his own behalf and counsel Patricia Latimer appeared for the Administration. A French language interpreter was present to assist Mr. Viau.
Upon hearing from the Administration and from Mr. Viau, upon reading the exhibits filed, and upon hearing submissions on behalf of the parties, the Ontario Racing Commission ruled as follows:
(a) Mr. Viau’s licence as a Driver/Trainer is fully suspended for a period of 9 months, commencing May 11, 2006 to February 10, 2007 inclusive;
(b) Mr. Viau shall provide to the Director of Racing proof in writing that he has completed a suitable drug rehabilitation program and regularly attended Narcotics Anonymous meetings; and
(c) Following the suspension, Mr. Viau shall be on a one-year probation, commencing February 10, 2007 to February 10, 2008 inclusive. The conditions of the probation are as follows:
(i) Mr. Viau shall continue to attend Narcotics Anonymous;
(ii) Mr. Viau shall present himself to the drug unit to provide a urine sample whenever random testing is being carried out under Rule 6.38 at a racetrack at which he is present or programmed to be present;
(iii) Mr. Viau shall abstain from using non-prescription drugs and provide a written undertaking to do so in language to the satisfaction of the Director of Racing; and
(iv) Should Mr. Viau provide a positive, improper and/or unacceptable urine sample or breach the Commission’s rules regarding the use of alcohol during the probation period, it will result in an immediate and full suspension for the remainder of the probation.
The Commission gave oral reasons for its decision which are part of the transcript attached hereto.
DATED at Toronto this 2nd day of June 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
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-and-
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6 IN THE MATTER OF: Standardbred Licensee LUC VIAU
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BEFORE: Lynda Tanaka Chair
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Hearing Conducted in the Hearing
14 Room of the Ontario Racing Commission, 10 Carlson
Court, Toronto, Ontario, M9W 6L2, on the 11th day
15 of May 2006.
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APPEARANCES:
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Patricia Latimer Counsel for the
19 Administration
20 Luc Viau Unrepresented
21 William Fines Supervisor Standardbred
Racing
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Patrick Allcock French Interpreter
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INDEX OF PROCEEDINGS
2 PAGE NO.
3 Opening Comments - Latimer 4
4 Case for the Administration - Latimer 8
5 Comments - The Chair 11
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LUC VIAU:
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Evidence 15
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Cross-exam - Latimer 19
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Questions from the Chair 20
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11 Submissions - Latimer 24
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Reasons - The Chair 28
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Reasons - The Chair - 28
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2 THE CHAIR: Thank you. Mr. Viau, it
3 is your opportunity to come forward and you
4 should stand up by the microphone and tell me
5 what your response is with respect to these
6 conditions that are requested?
7 THE INTERPRETER: He is telling me that
8 he would say the same thing that he already told
9 you when he was there.
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11 THE CHAIR: All right. Mr. Viau,
12 you've been given the Cullen decision from
13 September 2004 and in that case Mr. Cullen
14 tested positive in August 2004 and we had a
15 hearing September 2004 and the Commission
16 ordered that he be suspended until the end of
17 June. So, he was suspended for September
18 through to December, which is four months, and
19 then five months to the end of June and he was
20 put on 18 month probation. He had previously
21 taken -- do you want to just translate that for
22 him?
23 All right, Mr. Cullen had taken
24 counselling on substance abuse. He had
25 discontinued it.
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Reasons - The Chair - 29
1THE INTERPRETER: Sorry? He had
2 discontinued the program?
3 THE CHAIR: The counselling, yes. And
4 he had served a six month suspension in the
5 previous year. Mr. Cullen had no other source
6 of income than his driver's licence and he
7 received 18 months probation as compared to the
8 one year that you have; that is suggested for
9 you.
10 I regard your efforts to get treatment
11 as a very important thing for you personally to
12 do. Can you translate that for me?
13 My job is to make the decisions here
14 in the public interest. I have to bear in mind
15 the need to protect the other drivers and the
16 horses. I have to keep in mind the issues of
17 protection of the betting public as well and
18 those are the priorities.
19 We impose serious penalties with
20 respect to the use of cocaine around -- by those
21 who are around horses and around the race track.
22 There is also an important principle
23 that those who violate rules should be treated
24 in the same way or at least very -- in a way
25 that is very similar one to the other.
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Reasons - The Chair - 30
1 I think it is important for you to
2 continue with your construction job, to help you
3 with your sense of self-worth that you are
4 contributing to society in a very important way
5 and looking after yourself and your family
6 albeit from a distance at this time.
7 But, bearing in mind the requirements
8 of the statute for horse racing and that a
9 licence to participate is a privilege, I am
10 going to suspend the licence for the nine months
11 requested.
12 At the end of the nine months, you
13 must provide to the Director of Racing proof in
14 writing that you have completed a substance
15 abuse program and that you have regularly
16 attended the Narcotics Anonymous meetings.
17 I am going to impose a one year
18 probationary period. During that probationary
19 period, you will continue to attend the
20 Narcotics Anonymous meetings and you will attend
21 and present yourself for testing at -- when
22 you're at the race track working, you'll present
23 yourself for testing when the human drug testing
24 team is on the track.
25 You will also abstain from
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Reasons - The Chair - 31
1 non-prescription drug use and provide a written
2 undertaking to that effect in language
3 satisfactory to the Director of Racing.
4 And if, during that probationary
5 period, there is a future positive drug test, or
6 a future violation of the rules with respect to
7 alcohol use, then the remainder of the
8 probationary period will be served by you as a
9 suspension.
10 And I wish you good luck and that you
11 achieve your goals through your rehabilitation
12 and your counselling. All right. Is that
13 clear? Thank you very much. Thank you Mr.
14 Viau.
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Reasons - The Chair - 32
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5 I hereby certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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11 _____________________________
12 Christine McAlister, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 - 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364-2065
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