Cpolice Conduct

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Constable John McA1ister in. Ch.

engaged in sexual misconducton a four-year-oIdboy?A. No, f'm not.O. Andhow.didyou feel being accused of sexual

misconducton a four-year-oldboy?

A. Well,the allegation v/as - vras baseless so fwasn't so concerned about those allegations other than j-tcould impactmycareer if you know it became a trueinvestigation. Itwas just more a concern about this personobsession with myselfand my familybased on the other emailand - and now makingallegations of misconduct. It wasithas just a concern that Mr. had become obsessed withmesomehow.

Q. I'11 return those exhibits. Andas a resultof reading that last email,Exhibit Six, did you take qnysteps as a resutrt of. that email?

A. It was the same conversationI had withmymy familyjust regardingtheir safety and being aware ofanyone fitting his description,watchingthem or - or ormakingcontact with them.

O. To yourknowledge,\^ere you ever investigatedfor sexual misconducton - on a boy?A. No.O. Duringthat interviewwith Officer Smith \^rere

you asked about whether you had engaged in any sexualmisconduct?

A. I don/tremember being asked. I hras justbeing advised that the service had received a series of email-sfromMr.

O. f hear beepj-ng, I just want to make sure MadamReporter is okay

MADAMCOURTREPORTER:Thank you.MS. A. Other than emails, h/ere you made


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1,4Constable John McAlister Cr. Ex.

rat there's an army of men whoar.e keeping your residence:der surveillance forexample?

A. No.O. Okay. You mentioned he he had said in a

reviousemail that he observed you and your family attheairview Mall. I want to make sure I'm notmj-squotingyou.s that what you just said?

A. Yes, that was one of the emails that Mr.ent.

a. I'm going to suggest to you sir that nowheren the email that you're makingreference to is there any

=nt.ionof your family.

A. I recollected he said he observed me and myamilyat Faj-rviewMall.

A. Perhaps - perhaps in fairness to the witness)ur Honour he could just put the - the Exhibit.to him. Ihinkthat's ExhibitNumberFive.

THECOURT:Take the Exhibit and hand it to him.MR. : Permission to approach Your Honour?THECOURT:Yes , certai-n1y.MR. O. Couldyou show me sir where in

rat document there's any reference made to any of your familyambers ?

A. You're correct. Tn this emai it doesn't sayecifically the family, yeah.

O. You can probablygive that emailback to theIerk

A. Okay, thank you.O. I will do that. Not no reference to your

rmiJ,yin this email. Do you recal-l therebeing any reference) your familyin any of these emails, these four emails that)u've discussed with my frend?


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l6Constable John McAlister Cr. Ex.

ras - there was significant other and r - r think wronglyoror - or or correctly that, s where I made the

.nference that you knowhe's he's watchingme and my familyrnd r - r apologizeif r misstated that in the email regarding'aj-rviewMalIthat I - that f - it,s probablyjust an.nference that I drew.

MR. ; Q.,Okay.A. Maybe because f onlyever go to the mallwith

ly family.A. Oh, f see.A. If I- if I go to the mall-.

O. If you go to the mall and you told Detectiveimiththat you hadn't been to the mar-r- on that particularlate.

A. Yes, I did.A. Okay and there is some mentionof some

'amiliesi-n the March8th email but that March Bth emai-l-rredates yourcontact with Mr. correct?

A. Yes.a. And it makes no reference to you j-n it'hat,soever. Correct?A. They did not.O. Okay. So that T'm'goingto suggest to you

robablydidn't cause you much concern giventhat they hadothing t,o do with you whatsoever.

A. Other than it just showed a a a perhapsmindset that was disturbed.

O. Okay. Adisturbedmindset. Withregards tohe traffic stop - actuaffy, no I/11 I,11 save that forater. Now, you'd mentionedsomething about yourconcern overour career with regards to an unfoundedaccusation of - ofexual misconduct and r just want to probe that j-ssue wj-thyou


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T7Constable John McAlister Cr. Ex.

r rittle further. Have you missed any promotionsas a result)f this incident?

A. Of this incident?. yes.

A. No.A. No, okay. Have you - were you put on

;uspension or with or withoutpay as a result of thisLncident?

A. No.O. No, okay. Didyou receive any reprimand

vhatsoever as a result of this incident?

A. No.O. Okay. Nornr,you knew that you hadnrt conducted:his - you hadnl t been guilty of any sexual misconducttowardsr four-year-oldboy. I think you indicated that, right?

A. f 'm sorry?A. Okay. I'm ging to suggest to yorwell

tctually you did state to my friend that you that you knew:hat the accusation in the fourth and finar email was false,:orrect?

A. Vhichis the fourth and final_one? f rm sorry.O. The one the one with respectto the

rccusationof sexual misconduct.A. Yes, I did knowthey r^rere false.A. Okay. Given that knowledgeis it realistic to

-hinkthat an investigation wouldfind you guilty or that you

'ourdsomehow have your career put

injeopardy

as a result of.hat unfounded accusation? That big accusation whichyou knewo be false?

A. V{e11,I'm not if if an allegation was putorwardabout any mj-sconduct,sexual or other crj-mi-nal.r,m aolice officer and an j-nvestigationensued as a result of it


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18Constable John McAlister Cr. Ex.

:hen it it wouldput your career you normallywouldput on' you knowdifferent duties orsomething while that occurredio any any allegations of criminalmisconductby a policerfficer is of a concern...

A. OkayA. ...obvj-ouslyby myselfand by the communityand

ry the service0. Wellwhat about a situatj-onwhere the - the

:he accusatj-on hasn't been particularized and there's no-nvestigationthat's going to ensue?

A. VeI1,the police look into any - any

rllegation and they have to determine whether it's if it's:ounded or unfoundedso there's always an initial- any - any- any any allegation founded or unfounded is always.nvestigated

O. But this one wasn't.A. Thisone wasn't what?O. The and there has no investigation. I'm

oingto suggest to you sir that there was no investigation-nto whether or not you had you had committeda sexualrssault on a four-year-ol-dboy. I'm goinq to suggest that to'ou. Areyou aware of any investigation that was ever made.nto this allegation?

A. Well,there's nothing to investigate but I'm-.'m sure at the onset of of it, therewouldhave been.nquiries if there was an investigation ongoing somewhere.Ittay not have been

ourpolice

serviceor...

O. But you knew there vasn ' t .A. I knew there wasn't?0. yes.A. f r^rasn't awarethat there v/as.O. Okay.


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11Sergeaht Dean Smith Cr. Ex.

O. In reference to the interview, yeah.A. I believe I did, ys.A. You did? Okay and I think you indicated to

.r. - to - to that you \^rere willing to look intothellegation if he could provideyou with specific information.orrect?

A. I believeso. I don't have a copy of thehe interviewin front of me but T believe f did, yes.

0. Wou1d it assist you to have a copy of it,cus \^/e can I bel-ieveit's an gxhibit so we can - we can...

A. Yes, that wouldbe great.

O. Your Honour,if f may? Thankyou. Perhaps'ou could refer to page 1"1? Oops,sorry.A. Yes, I'm on page 11.

orry, Paee,-:' -::i:,:J:::'::,::J;,"i:ii:-'l;",,,,.owards line, welI, between lne 20 and 25 there. You say:

"Okay,weIl...

A. T'm sorry, sir?THECOURT:Yes, speak up please, Mr.MR. - . Okay. Page 14...THECOURT: Thankyou.MR. O. ...you ask - are you on t.hat, page?A. Yes.

a.Okay. You ask:

"Okay,well you make an allegation hereand I'm willing to investi-gatethat and

and...


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Sergeant Dean12Smith Cr. Ex.

Andyou go on to say:

"Okaybut the allegati-onyou make aboutConstable McAl-isterr.I'm willing toinvestigate L."

Andthen it. says:

"If you can give me somethingtosubstantiate it. Tel-lme about it.That and I'l-1 I'11 look into that.

MR.

A. Yes.

.ou indicarirrnn;oont"'

.o - to to investigaterisconduct?

; Q. Correct?

No\ru,are you indicating that Mr. arethat you don't have enough informatj-onthe the allegation of sexual

A. I wouldneed more information to furtherthenvestigation. He's saying that he made that allegation ofexual- misconduct to proceed further I've spoken to therofessional Standards to sqe if there hras a complaintagainstim and f've spoken with the military to see if therewas aomplaintagainst himand I've spoken to Constable McAlister.

O. Okay. So, you're investigating if there was aomplaintbut are you investigating whether or not there's

een some sort of sexual misconduct?A. No, other than just to check to see if theres an allegation.

O. Okay - okay and the original email that makeseference to some sort of misconduct,did that say there \^asisconductor does it say that the author believes there was


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13Sergeant Dean Smith Cr. Ex.

risconduct ?A. f woul-dhave to read the emai_l-. f don't have

-t in f ront of me.A. Okay. V'Iell-, perhaps\^/e have - perhaps we can

iveyou that emai]as well. r t.hinkthat was Exhibit six if.'m not mistaken,MadamClerk.

MADAMCOURTCLERK:Vouldyou like it to? Theindex?MR., Yes, please.A. I'm sorry. The question agai_n?MR. . Q. The question was does the email

rtate that there was sexual- misconductor that there,s arelief the author's belief that there was sexualmisconduct?A. ft sates that we believe McAlisterhad engaged

.nd is still engaging in sexual misconduct.A. Okay. No\,,you had contacted the military

,olice to ascertaj-n if there was an ongoing investigation orn investigatj-onand they told you there was not. correct?

A. YeS.A. Okay. Had they told you there was an

nvestigationwouldyou have taken over that investigation?A. There could be many variables j_n that. If it

as an allegation of inapproprj-atebehaviourby one of ourffi-cers, I may or may not have, that wouldhave been aecision made by senior officers. r have done numerousnternal investigations. r have also been aurare of them that

re handled by Professional-standards Branch so r - r can'tlsr,'rer that as definitively.O. Do do you have authority to take over a

i-litary j-nvestigationin yourcapacity as a as a officer ofre - where are we no\^r-the Kitchenerpolice?, A. Again,it depends on the allegation. I - I


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15Constable John McA1ister Cr.Ex.

A. Wel-I,no\^/ that you've shown me that one, I - II seemed to have recollected independentJ-y that there was

eference to me and my f amily at Faj-rviewMaIl-.A. Okay.A. So, maybe that r^/as just...O. I'm going to suggest to you sir that your

ndependent recollection was incorrect.THECOURT:MayI see all of those ExhibitsMadamC1erk please? Thank you.MR.. Q. There is a March 17th emailwhich

ndicates that you have a significant other. Other than that

here's no reference in any of these emails to yourfamily, Iuggest to youA. If if r could see the March 17th one.Q. Absolutely.A. Then it may - may - may - may...THECOURT:You did not couldnot identify thef irst one. Take that a!ay.A. It may help me understand whyI made that

nference.MS. Althoughperhaps in the interest offairness the officer saidhe recollectedsomething of the March8th emailand perhapsallowhim to make reference to the MarchBthemaifwitl alsobe heJ-pfulto him.

. MR. Your Honour,I'l-1 just let Mr.

I'11 let Constable McA1isterread through theemails before I conti-nueand MadamClerksindicating to me'I'mnot speaking l-oud noughsoT'11 endeavour to do so. Myapologies to thecourt.A. Yeah, in the March17th one there is one - he


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15Sergeant Dean Smith Cr. Ex.

O. Now, if I'mnot mistakenyou al-so questionedabout whetheror not he had more informationabout the

Lnvestigationbeing conducted by the military police.lorrect? I'm looking atpage 16, near at line 20. You'rersking:

"No,but wouldyou? fs there any - isthere any \^ayyou \^rouldknowthatinformation?"

A.Yes.

O. And.you're makingreference to a military-nvestigation.A. Yes.A. Okayand the answer is:

"Honestly, f dont t kno\n. "

O. Correct?A. Yes.0. Okay. I thi.fikyou also indicate to that

'ou don't have very much to go on. You don't know whichrranch or whichservj-ce or whichdepartment or whichlocation.he investigation is being conducted so you're asking for morenformation?Correct

A. I don't see that

T: ll"l",l":,-:: ;:-]can herp vou rind that'"If he could give me a contact, I wouldgladly do further investigation intoit. The military's abig


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1,6Sergeant Dean Smith - Cr. Ex.

organization."

0. Okay. You mentj-onit's a biq organizationLt's like saying call the police. VeI1,calling the police -:he - you mention that right? You say calling themilitary>oliceis like being told to call thepolice.. You don't know'ho to contact, you don't knowwhere to go. That .kindof:hing. You can't reaIIy...

THECOURT:T think the reporter's havingdifficulty hearing you as well Mr. , . r amgoing to have to ask you yet again please to

speak more slowlyand to please...MR. Myapology Your HonourTHECQURT:Andto pl-ease elevate yourvoice.You drift offvery quietly at the end of yoursentences and I cannot hear you.MR.i : A. Myapologies, Your Honour.

iergeant you're indicating to that you don't have enough.nformation:toconductyour investigation. Correct?

A. To further the investigation.A. To further your investigation, okay.A. The the informationwas sparse.a. The informationwas sparse, okay. Thankyou.

id you believe the the allegation?A. Did rbelieve the allegation?A. Yes.

A.Vhich...

A. That that Constable McAlisterwas conductingexual-misconduct.

A. No.0. Okay and if there had been an an

nvestigation into Officer McAlister'sconduct by either the


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