To Serve and Protect

"From the point of view of public interest, the impact is profound. The conduct here you cannot describe as anything other than stupid."
"On the continuum, this is on the very low end, but nevertheless this is an evidence-tampering case before me."
"He might have taken cough syrup [rather than cannabis] or a pair of woolly comfortable socks that he wanted to try on his feet. It's interfering with evidence."
Justice Mary Misener, Toronto

"The first place to start is to say I’m sorry, sorry for my actions, my judgment and for being so inconsiderate. My actions were wrong, and the community that I served deserves that I be held accountable for those actions."
"My heart was pounding. I felt like it was going to come out of my mouth. I realized instantly what a stupid thing I had done [in consuming cannabis-laced chocolate]. At that point, I did not care any more about the prospects of getting caught or the professional consequences. I just wanted medical help."
Vittorio Dominelli, 36, 13-year constable, Toronto Police Services

"He assumed it would be a minor mellow feeling."
"He did not think consuming a small amount would impair each officer."
"He was sweating heavily and believed he was going to pass out."
Crown attorney Philip Perlmutter

"I would say it was an act of utter stupidity, quite frankly."
"He has done everything he can to show remorse and make reparation for what he's done."
Peter Brauti, lawyer for the defence

Const. Vittorio Dominelli, left, is one of the officers charged with multiple counts of professional misconduct under Ontario’s Police Services Act. - Twitter

As the son of a long-time Toronto police officer it could be fairly assumed that Vittorio Dominelli knew a thing or two about policing and the responsibilities inherent in that profession. Moreover, he is mature, married, the father of three children under ten years of age. He was with the force for thirteen years. The very basic of protecting criminal evidence whatever it happens to be is no trifling matter. But when the opportunity came to lift a few chocolate bars from the scene of an arrest, the temptation evidently proved too much for the man.

He had been part of a police raid team of an illegal pot-shop. Illegal sellers of marijuana were popping up everywhere in major cities of Canada in anticipation of legalization to arrive in October of 2018. Until legalization became a reality, setting up those shops represented a criminal offence under Canadian law. And police were tasked to uphold the law, as was being done on January 27 of 2018. When the raid was wrapping up at the dispensary, he had been nominated along with his partner to pick up dinner for the squad.

On his way out of the illegal marijuana dispensary he noticed a shelf of cannabis-oil-infused chocolate bars, and casually pocketed several. Then he and his partner went to a nearby pizza establishment to place their orders. Dominelli informed his partner, Constable Jamie Young what he had in his possession, telling her he was of a mind to leave the bars at the pizza place, and she failed to agree. Later in the evening the two constables were assigned to an after-hours bar surveillance.

While seated in their vehicle they discussed the pending legislation for legalization of marijuana. Each revealed to the other that neither had experienced marijuana and knew nothing about its effects. They decided they would conduct an impromptu experiment, consume some of the chocolate and discover first-hand what the effects would be. Between them they consumed eight squares of one of the chocolate bars, becoming "seriously intoxicated".

About twenty minutes after consuming the chocolate Dominelli became acutely aware of feeling unwell. He felt, he said, as though he was going to die and asked his partner to radio for help, but she refused. He then grabbed the radio and called for help: "Send an ambulance" he orders the dispatcher, saying he was on the brink of passing out.

The warning on the back of the packaging of a cannabis-infused chocolate bar, presented in court on Friday.  (Court exhibit)

When other officers responded to the call, rushing to the scene of two of their own being in medical distress, one officer slipped on the icy surface suffering a severe head injury. That man remains with "significant difficulties with speech and vision" as a result, and ten months later is still off work on medical leave. As for the illegal pot-shop, seven people were charged after the raid. Charges laid against them were dropped because evidence had been tampered with.

Weeks following the raid, when the entire episode had become well known through media reports Dominelli had offered to resign. He remains in a depressed state, shakes with emotion when he speaks of the incident and breaks down in tears. While the Crown proposes a conditional sentence to be served in the community, the defence argues for a conditional discharge with the withdrawal of the charge of breach of trust.