Halifax constable gets probation for assault charge

A Halifax Regional Police constable has been given a year of probation after pleading guilty to assault stemming from a confrontation at a downtown restaurant.

Const. Jacob Farr, 33, was one of three officers who responded to a call of an intoxicated man at the McDonald's on Spring Garden Road in October 2020.

According to an agreed statement of facts introduced at Farr's sentencing, the man was in the restaurant with an open bottle of rum, using the soda fountain to mix drinks.

When police approached the man, he became belligerent and aggressive. He spit on Farr twice, and in the course of the confrontation, Farr applied pressure to the man's neck, briefly rendering him unconscious.

Nova Scotia's Serious Incident Response Team, which was called in to investigate, initially charged Farr with two counts of assault, one of obstruction and one charge of failing to report his actions.

But at a resolution conference, Farr agreed to plead guilty to the single assault charge. The remaining charges were dismissed for lack of prosecution.

During the sentencing hearing last month, Farr's lawyer, Brian Bailey, introduced evidence of the victim's lengthy criminal history, including for violent offences like assault and uttering threats.

The defence also pointed out the October 2020 incident occurred at the height of the COVID-19 pandemic, when people were supposed to be masked and isolating, which made the spitting even more troubling.

Several people wrote letters of support for Farr including former co-workers.

In passing sentence Wednesday, Associate Chief Justice Patrick Duncan rejected a Crown request to impose a weapons ban on Farr, noting the condition would make it almost impossible for him to maintain his job as a police officer.

Code of conduct review

Even the sentence of probation is no guarantee Farr will remain a constable.

He's now subject to a code of conduct review by the police force.

"I don't know whether it's better or much better," Bailey said outside court, remarking on how the sentence might impact Farr's job prospects.

"His ability to retain employment is enhanced by the granting of a discharge."

That discharge will come once Farr successfully completes his probation.

"I wish you well," Duncan said to Farr once he finished his sentencing decision.