Judge acquits Brantford police officer of obstruction of justice but gives her a warning

A judge has found a Brantford, Ont., police officer not guilty of obstruction of justice. 

Justice Deborah Calderwood said Wednesday the Crown did not prove beyond a reasonable doubt that Const. Kassandra Harrison, intended to obstruct justice. 

However, Calderwood said Harrison's testimony contained "frailties" and in her decision, warned officers against similar behaviour.

Brantford police charged Harrison in March 2023 following an investigation into conduct related to a September 2022 incident. They did not tell the public about the charge until 18 months later, saying they chose to release the information "when it was deemed appropriate based on the circumstances."

The Crown alleged Harrison counselled a junior officer, via text message, to lie  during an internal investigation. The courtroom heard the other officer asked Harrison how he could make an internal investigation into his conduct go away, and she told him, in part: "I don't think you can unless you lie, lol."

In her decision, Calderwood noted Harrison's use of the short form for "laugh out loud" could indicate she was being sarcastic and humorous.

"[Harrison] explained to the court that if he told her he thought she was coaching him to lie, she would have corrected him, but he never expressed that to her, nor did he ask her what she meant by the critical text message," Calderwood said. 

"It was her evidence that, taken together, she was essentially saying, 'Write the report and own it,'" Calderwood recounted.

Officers joking about falsifying evidence 'diminish' profession: justice

Before explaining her decision, Calderwood said she wanted to emphasize some points about police.

"They are entrusted to serve and protect, and to do so with honesty, integrity and due regard for the rule of law and proper administration of justice," she said. "They hold extraordinary powers. With those powers, comes extraordinary responsibility and accountability."

Police must "never waiver" in upholding the highest ethical and professional standards, she said, and "officers who propose to lie or promote or engage in the falsification of evidence or even joke about it … diminish themselves as well as their profession."

Calderwood added police officers have "difficult jobs," and are bound to make mistakes. She said reviewing officers' conduct is important and officers need to fulsomely engage in those reviews.

'Reasonable doubt' Harrison intended to obstruct justice

Overall, Calderwood said, "I am left with reasonable doubt" as to Harrison's intention and must therefore acquit her of the charge.

However, she added: "Just because I find I am left with a reasonable doubt does not mean I am fully convinced by [Harrison's] account. I am not.

"Ms. Harrison, I hope you listen to what I had to say. I wish you all the best."