On the day when Barrie police Sgt. Bruce Gardiner’s trial date was scheduled to be set, all charges against the former National Hockey League player were suddenly dropped by the Crown this morning.
The veteran Barrie police officer, now 53, had been charged with criminal harassment and extortion on Feb. 4, 2022.
Both the Crown attorney and Gardiner’s defence team were to appear virtually on Wednesday in a Barrie courtroom to set a date for the trial to begin.
Gardiner’s defence lawyer, Kim Schofield, confirmed the charges against him had been dropped.
“In light of all the evidence the Crown heard, they exercised their discretion and withdrew the charges,” she said in a phone interview.
Several adjournments over the past month had delayed the start of the trial.
Court documents had alleged Gardiner harassed and, “without reasonable justification or excuse and with intent to obtain compliance,” threatened to release "sensitive photographs" of the complainant, contrary to the law.
When the charges against Gardiner were announced in February 2022, Barrie police said the alleged events occurred while he was off duty between March 2016 and January 2018, and stemmed from conduct toward another member of the city's police department.
In July 2021, Barrie police chief Kimberley Greenwood, who has since retired, said she learned of the allegations and ordered an investigation into Gardiner’s conduct. He was immediately suspended from duty with pay.
An investigation by the police department’s Professional Standards Unit resulted in the two charges being laid. No other details have been released about the allegations.
There is a publication ban on information that could identify the complainant, as well as any information heard at the preliminary inquiry.
A spokesperson for the city's police department declined to comment on what transpired this morning.
“The Barrie Police Service reserves the right to comment with regards to what transpired this morning at the Ontario Court of Justice, and respectfully directs any inquiries to the Office of the Crown Attorney," said Peter Leon, communications co-ordinator for Barrie police.
An email to the Crown attorney’s office was directed to their lawyer on the case, but they did not respond to questions prior to publication.
“There are some very concerning aspects of this case, with respect to higher-ranking members of the Barrie Police Service and the prosecution of Bruce Gardiner,” said Schofield. “There is an ongoing OPP investigation into that.
“I think the decision to proceed and to make complaints internally against Bruce was not motivated by the complainant herself,” she added.
Schofield called the whole situation "problematic."
“These allegations arose in 2016 to 2018, so why in heaven's name is this being brought up now? So that is the question that the OPP is looking into, and the role that senior members of Barrie police played in that decision to pursue charges."
Schofield also confirmed the Gardiner case is tied to the ongoing Police Services Act tribunal involving Barrie police Insp. Valarie Gates, who is the wife of Barrie Police Chief Rich Johnston. Gates faces two counts of discreditable conduct.
Schofield said the OPP is looking into how the allegations against Gardiner were handled, with "potential issues" related to conflict of interest.
"We’ll wait and see what the findings are, but I don’t think it’s going to paint Barrie police in a positive light, let’s put it that way," she said.
Schofield also said there was no deal brokered that led to the charges against Gardiner being dropped today.
“The case against Bruce suffered frailties from the beginning that we repeatedly had been bringing to the Crown’s attention," she added. "And to their credit, the Crown attorney’s office, they listened to us … and they withdrew the charges.”
Schofield also said the allegations against Gardiner, and the numerous court appearances, "destroyed" his life for the past two-and-a-half years.
"It has brought shame upon his family and it’s very difficult for them to deal with," she said.
“He’s a prominent member of the community. The fact that we pay lip service for the presumption of innocence, except when it comes to charges like this, because he has been prevented from participating fully in his community as a result of this," the lawyer added.
Whether Gardiner continues his career with the Barrie Police Service remains to be seen, but Schofield said his biggest concern is being an active member of the community and restoring his reputation.
Gardiner played in 312 NHL games, scoring 34 goals and adding 54 assists during stops in Ottawa, Tampa Bay, Columbus and New Jersey between 1996-97 and 2001-02. He was selected in the sixth round (131st overall) of the 1991 NHL Entry Draft by the St. Louis Blues.
He also played with the Barrie Colts Junior B team in the late 1980s, when they were in the Central Ontario Hockey League, before playing college hockey with Colgate University in Hamilton, N.Y.
Gardiner’s hockey career also included stops in the Russian Super League and Finland. His professional hockey career ended in the 2004-05 season with the Adirondack Frostbite of the United Hockey League.
Gardiner came up through the Barrie Minor Hockey Association and was inducted in the Barrie Sports Hall of Fame in 2017.
