OPS constable temporarily demoted following hearing into sexual harassment

An Ottawa Police Service constable has been demoted for 18 months following a disciplinary hearing into unwelcome comments and physical touching of a fellow officer. 

In May, Charles Benoit pleaded guilty to two counts of discreditable conduct, including "slapping the buttocks" of an officer identified only as AA in the decision released last week. 

'Unwelcome' messages sent

The first count of discreditable conduct dates back to 2023 and revolve around a number of texts between Benoit and AA.

In those messages, Benoit texted his fellow officer about signing a work-related document and enquired whether she was at the gym. 

"Ok. We'll come c you. You sweating yet. I'm not going in till ur sweating," Benoit wrote on March 27, 2023. 

AA replied, "Drenched," saying later she responded that way out of awkwardness. 

In May of that year, he sent a similar message: "Np. Was thinking I'd catch you all sweaty again," he wrote, following it up with a happy face emoji.  

On that same day, AA received a text message from Benoit, containing a screenshot of leather motorcycle chaps she was selling on Facebook Marketplace. 

Constable Benoit texted, "Bumm [sic] must be supper [sic] nice in this."

When she responded "lol" and "that the chaps still fit," Benoit replied that he'd need "proof of that."

During an interview for the investigation into her complaints, AA said these messages were unwelcome, inappropriate and were interpreted as an invitation to send a senior constable a picture of her buttocks.

'Clearly sexualized and disrespectful'

Starting with the Ottawa police in 2001, Benoit is also a bicycle instructor tasked with training officers to acquire their certification. The decision by adjudicator, Supt. (retired) Lisa Taylor, notes that role placed him in a position of trust and authority over AA.

Benoit acknowledged in his interview with the OPS's Professional Standards Unit that these comments, while meant in a joking manner, were clearly inappropriate. 

In September of 2023, Benoit texted "Heard you had a new gf. You still not coming back to this side. Just jump on our side for a little."

In her decision, Taylor wrote that she found the comments about leather chaps and about her orientation were "clearly sexualized and disrespectful towards AA, her relationship with [her partner], and her sexual identity."

2nd count of misconduct

The second count of misconduct dates to an act of physical touching following a memorial bike ride event in September 2023.

AA had been conversing with her partner and daughter when Benoit approached his colleague from behind and slapped her on her buttocks. 

AA was stunned and embarrassed, with her shock shared by her civilian partner.

Following that incident, Benoit texted AA again, concluding their conversation with a reference to his actions. 

"Oh and sorry for slapping ur ass the other day. I didn't know that was your gf, and on a flip side. That was a nice hard bum. Congrats," he wrote.

The decision notes he followed up the message with the 'thumbs up' and 'ok' emojis.

While the prosecution sought Benoit's dismissal, the defence proposed a one-year demotion from first-class to second-class constable was a fitting penalty instead. 

The adjudicator found the matter clearly involved "sexual harassment and electronic harassment."

But she found other evidence supported that these actions were out of character and noted that Benoit had read a statement before the tribunal outlining his remorse for his misconduct.

During the hearing back in May, Benoit's defence, Pamela Machado, had submitted that Benoit's actions were isolated and that second chances can reinforce "the values of justice and procedural fairness." 

"I find the public interest in this matter can be satisfied by imposing a demotion and not a dismissal," Taylor wrote in her conclusion.

In an email to CBC News, Benoit's lawyer said they respect the findings and acknowledge the seriousness of his conduct. 

"This was a balanced decision by a reasoned adjudicator," Machado wrote.