Fantino fires back

January 23 2009

Posted By KAREN BEST, CHRONICLE STAFF WRITER

A Caledonia resident believes he has a strong grip on his rights as a citizen while maintaining his professional convictions.

Dave Hartless, who is a Hamilton Police Services officer, has been vocal about his concerns related to policing in his neighbourhood. He lives a few doors away from the former Douglas Street Estates subdivision.

That right was questioned twice by OPP Commissioner Julian Fantino.

In February 2007, the commissioner filed a formal complaint with Hamilton Police Services after a letter authored by Hartless was printed in a local newspaper.

The officer said only six words in the letter referred to OPP and the rest chastised the Liberal government for lack of action on Caledonia issues. When asked by investigators for witnesses to verify his concerns, Hartless photocopied the Caledonia section of the phone book and submitted it.

While investigation into his alleged discreditable conduct under the Police Services Act was underway, Hartless launched a personal lawsuit. He challenged the complaint based on the charter right of freedom of expression.

Hartless said, "I maintained as Fantino has, that just because I'm employed as a police officer doesn't mean I forgo every other right as a citizen."

In a Jan. 9 letter printed in the Stoney Creek News, Fantino said that when he picked up his badge, he did not surrender his rights as a Canadian to speak publicly about issues he cared about deeply. His letter was in response to an editorial criticizing his suggestion that drivers should be accountable for accidents caused during hazardous weather conditions.

For Hartless, his out of court settlement on the lawsuit required Hamilton Police Services to issue a press release announcing that no misconduct was found.

Fantino recently filed another formal complaint after Hartless signed an on-line petition asking for an inquiry into the actions and decisions of Fantino and the OPP. The Hamilton Police Services professional standards branch cleared Hartless of misconduct but that conclusion will be reviewed by the police chief, he noted.

As far as Hartless is concerned, his actions and words adhere to objectives of the police force including following high standards and voicing community concerns.

Hartless said he is compelled to speak out because police cannot intentionally suspend criminal law and provincial statues. "My job is to stand up for people unable or unwilling to protect themselves," he stated. "I swore an oath."

He added, "Just because at the end of the day I come home and take off my uniform, it doesn't relieve me of that."

In 2006, an informal complaint was filed by Haldimand County OPP after Hartless signed on on-line petition asking for the resignation of former OPP Commissioner Gwen Boniface.

Article ID# 1400861