Ontario Racing Commission
RULING NUMBER COM SB 021/2010
COMMISSION HEARING TORONTO, ONTARIO – APRIL 22, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE RICHARD TURCOTTE
Richard Joseph Turcotte (“Turcotte”), is licensed by the Ontario Racing Commission (“ORC”), as a Driver/Trainer/Owner for Standardbred racehorses, licence #7082MB.
A random test saliva sample, taken from Turcotte, on May 30, 2009, at 2058 hours, at Sudbury Downs Raceway by Ontario Racing Commission Investigator, James Richard Frye, was verified as positive for cocaine on June 6, 2009.
Standardbred Ruling Number SB 73/2009, dated June 8, 2009, ordered, inter alia, as follows:
(i) a $500.00 fine; and
(ii) a 15-day suspension of both his Driver’s and Trainer’s licenses;
(June 6, 2009 to June 20, 2009, inclusive).
A return to duty urine sample, taken from Turcotte, on July 17, 2009, at 1130 hours, was verified as negative on July 22, 2009.
Standardbred Ruling Number SB 105/2009 ordered the reinstatement of both the Driver’s and Trainer’s licenses of Turcotte.
A Post-Violation Agreement was entered into between Turcotte and the ORC on July 25, 2009.
A follow-up urine sample, taken from Turcotte, on February 26, 2010, at 1430 hours, pursuant to the Post-Violation Agreement, was verified as positive for cocaine on March 4, 2010.
Standardbred Ruling Number SB 54/2010, dated March 5, 2010, ordered, inter alia, as follows:
(i) that Turcotte is suspended from performing the duties for which he is licensed; and
(ii) that Turcotte is referred to the Commission, pursuant to Rule 36.08 (c) (ii), of the Rules of Standardbred Racing.
A return to duty urine sample, taken from Turcotte on March 29, 2010, at 1000 hours, was verified as negative.
Turcotte prepared an Application for Reinstatement Hearing. (undated)
A Notice of Hearing was issued on April 8, 2010 for April 22, 2010, at 1300 hours, before a Panel of the ORC.
On Thursday, April 22, 2010, a Panel of the ORC consisting of the Chair, Rod Seiling, was convened to hear this matter.
Turcotte appeared in person. Turcotte was self-represented. Anthony Williams appeared as counsel for the Administration.
Upon hearing the allegations against Turcotte, and upon hearing the admissions by Turcotte, and upon reading the exhibits filed, and upon hearing the submissions of both Turcotte and counsel, the Panel found as follows:
(i) that Turcotte violated Rule 36.08 (c) (ii) of the Rules of Standardbred Racing (“subsequent offence”), in that his follow-up urine sample taken on February 26, 2010, tested positive for cocaine;
(ii) that Turcotte violated mandatory condition (vi) of his March 4, 2010 Post-Violation Agreement (“commit no further violations of the Alcohol and Drug Policy”).
In view of the circumstances surrounding these violations, including a suspension of 48 days (a suspension that has already been served), and a recognition by Turcotte that he has a substance abuse problem, the Panel ordered as follows:
(i) Turcotte must enroll in a substance abuse program that is approved by the ORC;
(ii) Turcotte must complete the approved substance abuse program;
(iii) Upon completion of this program, Turcotte is eligible to apply for reinstatement of his licenses upon the following conditions:
(a) that Turcotte enroll in a substance abuse after-care program, approved by the ORC, of 12 months duration;
(b) that Turcotte is placed upon probation for a period of 12 months upon the following conditions:
(1) that he keep the peace and be of good behaviour;
(2) that he enter into a Post-Violation Agreement with the ORC;
(3) that any further violation of the alcohol and drug rules will result in an automatic suspension and a referral to the Director.
A Transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED this 26th day of April 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF RICHARD TURCOTTE,
Held Before: Rod Seiling, Chairman
These are the proceedings in the above mentioned matter held before 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 22nd day of April, 2010.
Appearances:
Anthony Williams, for the Ontario Racing Commission Administration
INDEX OF EXHIBITS
Exhibit No. Page No.
Administration factum 4
Administration book of documents 5
Hearing commenced:
MR. CHAIRMAN: All rise. Please be seated. This is a hearing under the Racing Commission Act in the matter of a request for hearing by Richard Turcotte. I do apologize for being a little bit tardy. I had a Board meeting that went passed its allotted time.
MR. WILLIAMS: Thank you, sir and good afternoon. For the purposes of the record my name is Anthony Williams. I appear as counsel for the Administration. Mr. Richard J. Turcotte is present before the Commission. I am assuming Mr. Turcotte is without legal representation or agent on his behalf?
MR. TURCOTTE: Yes, sir.
MR. CHAIRMAN: And you are aware, Mr. Turcotte, that you are entitled to legal representation?
MR. TURCOTTE: Yes.
MR. CHAIRMAN: Thank you.
MR. WILLIAMS: Sir, Mr. Turcotte and I exchanged a very few words of a pleasant nature just before the hearing commenced. I asked if he had the two packages of material that we provided and he has just received them. He indicated that the materials were sent to him to his mailbox in Chelmsford?
MR. TURCOTTE: Chelmsford.
MR. WILLIAMS: So I don't know if he would need some time to take a view of what is in there?
MR. TURCOTTE: No.
MR. CHAIRMAN: Mr. Turcotte, would you like to take a short recess and look at the materials?
MR. TURCOTTE: No, no. We looked at it briefly for the last couple of minutes.