Labour Ministry not satisfied with Sarnia Police response to officer’s claim of assault, harassment

Journal Staff Sarnia Police has failed to comply with provincial orders issued six months ago to protect a female officer alleging violence and harassment in the workplace.

Journal Staff

Sarnia Police has failed to comply with provincial orders issued six months ago to protect a female officer alleging violence and harassment in the workplace.

Ontario’s Labour Ministry issued new orders April 20 that state Sarnia Police had not completed, as required, a risk assessment or safe back-to-work plan for the officer, Staff Sgt. Jamie McCabe-Wyville.

The Ministry also called a workplace report police commissioned into her complaint, known as the Daniel Report, “not appropriate.”

While witnesses for the alleged harasser were interviewed, six witnesses that might have corroborated McCabe-Wyville’s complaint were not interviewed and did not provide statements, said the Ministry, which wants to know why.

The Ministry also said the Daniel report “misapplied” the definition of workplace violence, which does not require intent.

McCabe-Wyville alleges she was assaulted in the gym at the Sarnia Police headquarters on Christina Street and subsequently harassed and bullied by the same higher-ranking officer.

Police brass say the 182-page Daniel Report – which has not been released – found no evidence of assault or harassment.

Lawyer Gary Bennett, who represents McCabe-Wyville, called it “extremely disappointing” that Sarnia Police would pay $70,000 for a flawed report used to discredit his client while she remains off work, at home, and without pay.

“The level of unfairness and inappropriateness of the investigation report shows the length the Sarnia Police Service will go to squash the legitimate complaints of violence and harassment made by female officers in the workplace,” he said.

Sarnia Police did not immediately respond to requests for comment.

Sarnia mayor Mike Bradley, who chairs the Police Board, referred inquiries to David Logan, Sarnia’s director of corporate services.

In a statement, Logan said the city will respond to the ministry orders and defended Helen Daniel, report’s author.

“Ms. Daniel is a very experienced and respected investigator and had complete independence with respect to the investigation and the ability to interview any and all relevant witnesses,” Logan said.

“She is also a highly respected lawyer and it remains our position that she appropriately and correctly applied the workplace violence definition under OHSA (Occupational Health and Safety Act).

If the Ministry is not satisfied with Sarnia’s response it may consider appealing the orders, he added.

The Labour Ministry field report states one witness for McCabe-Wyville was interviewed, one member of the public declined, and a third was referenced throughout the report but no statement was taken from him or her.

The ministry has demanded Sarnia Police explain, in writing, why six witnesses for McCabe-Wyville were not interviewed or statements taken.

A 2020 Windsor Police Service investigation into McCabe-Wyville’s allegations stated “reasonable grounds have been satisfied to believe (the male officer) committed the offences of assault and criminal harassment.”

However, after consulting with the Crown, the investigator did not recommend criminal charges.