AMENDED RULING NUMBER COM SB 042/2010
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 25, 201
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE REQUEST FOR REINSTATEMENT HEARING
BY STANDARDBRED LICENSEE RICHARD TURCOTTE
Standardbred Licensee Richard Turcotte (“Turcotte”), is licensed by the Ontario Racing Commission (“ORC”) as a driver/trainer, licence number 7082M8.
On June 30, 2010, Turcotte refused to provide a urine sample in accordance with his post-violation agreement, in violation of Rule 36.07(g) of the Rules of Standardbred Racing (“the Rules”).
On July 7, 2010, the Executive Director issued Ruling SB 125/2010 wherein Turcotte was suspended and ordered to appear before the Commission, pursuant to Rule 36.07(g).
On August 25, 2010, a Panel of the ORC consisting of Chair Rod Seiling was convened to hear the Turcotte matter.
Angela Holland appeared as counsel for the Administration. Turcotte appeared and was self-represented.
Upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the Administration and the submissions of Turcotte, the Panel ordered as follows:
i. Turcotte is fined $1,000;
ii. Turcotte is suspended for 60 days, but the suspension is stayed on the condition that if there is any further violation of the ORC’s drug and alcohol policy the stay is automatically lifted;
iii. Turcotte is on probation for a period of 2 years with the condition that he must keep the peace and be of good behaviour:
iv. Turcotte is to enroll in an after-care program suitable to the Substance Abuse Professional (SAP).
v. Turcotte must attend Cocaine Anonymous meetings a minimum of twice per week, and must provide monthly confirmation of attendance to the ORC; and
vi. Turcotte will enter into a new post-violation agreement for a period of 2 years.
The Transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 25th day of August, 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
RE: STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF RICHARD TURCOTTE
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: RICHARD TURCOTTE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 25th day of August, 2010.
Appearances:
Angela Holland,
counsel for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully considering the evidence and submissions made, Mr. Turcotte, I am accepting part of Ms. Holland's recommendation. I am going to vary it somewhat. You are fined $1,000.00. You are suspended 60 days but I'm going to stay that suspension and I will get to the condition on that later. You are put on probation for two years with the usual terms and conditions. You must enroll in a suitable after care program. Approval of that program will be by our SAP official. You must attend Cocaine Anonymous meetings a minimum of twice per week and must provide monthly confirmation of your attendance to the Commission. So you can work out with the official how you are going to do that. You must also sign a new post violation agreement. Regarding your stay, if there is any further violation of the Commission's drug and alcohol policy the stay automatically is lifted.
Tampering with a sample is a very serious offence. The Commission wants to help you but we can't help you unless you are prepared to help yourself and I think it is apparent that you are not there yet.
MR. TURCOTTE: Well, I'm not.
MR. CHAIRMAN: And I am going to put you on notice right now you are running out of chances, sir. So I suggest that you; this hearing is concluded but just confirm what you need to do. You have a quick chat with our officials when I leave this room.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths