Crown wants 7 years for Toronto cop guilty of theft, falsifying police reports

A Toronto police officer arrested for allegedly trying to flee the country after being found guilty of stealing from dead people and falsifying police reports, among other offences, appeared in a Newmarket court Tuesday.

Const. Boris Borissov, 50, has grown a salt-and-pepper beard since he appeared in court for the verdict in May. The 18-year veteran of the Toronto Police Service sat emotionless as the Crown and defence laid out their sentencing submissions.

Crown attorney Samuel Walker pushed the court to consider a seven-year prison sentence, a $8,800 restitution for one of the victim's families and a $2,800 victim fine surcharge. Borissov's defence lawyer Joanne Mulcahy asked for an 18-month conditional sentence and for more than half of his charges to be stayed.

"My concern, in respect of these thefts by Mr. Borissov … is the way it demolishes public trust in the police," said Justice Mary Ellen Misener, who is expected to deliver her decision Oct. 1. 

"The officer who walks through the door is supposed to be the person that you trust," Misener said. "I'm concerned about what happens to our society if you have to lock up the valuables before you call the police for help."

In May, Borissov was found guilty of all 15 charges for which he was tried, including theft, obstruction of justice, fraud or breach of trust by an official, fraudulently obtaining a computer service and possession of property obtained by crime exceeding $5,000. 

Crown calls constable 'a fraudster in uniform'

During the trial, the court learned that between 2020 and his April 2022 arrest, Borissov stole credit cards from two people whose deaths he was assigned to investigate and gave them to a friend to use, stole a luxury watch, falsified a police report in an attempt to cover up his crimes, possessed a stolen car and misused police databases to make personal searches.

In her decision, Misener called Borissov's testimony in his own defence "unreasonable" and "completely unworthy of belief," as reported in the Toronto Star.

On Tuesday, the Crown outlined what he described as Borissov's pattern of abusing police resources and authority. 

In one case, when responding to a missing person file, Walker said that while another officer and the victim's brother discovered a suicide note in the man's home, Borissov was in the bedroom stealing a luxury watch. In another case, when called to the home of a woman who had died, Walker noted that Borissov stole her credit card while other officers were working to determine her cause of death.

"He's exploiting a personal tragedy of these family members in their hour of greatest need," said Walker. "It is a shocking abuse of trust."

A section from the Crown's submission, read into the record by the defence, said Borissov "revealed himself to be a fraudster in uniform," and that "nothing in the record reveals any real hope that he is capable of change."

Constable struggles with PTSD, substance use: Defence

Mulcahy, meanwhile, argued that the prison sentence proposed by the Crown does not show restraint.

"The sentence is meant to be fair and fit," she said. "It's not meant to be harsh or crushing."

In response to the defence submission, Walker gestured to a thick stack of paper before him.

"(What) leaps to mind as I look at this case book filled with lenient sentences for police officers is, well, maybe general deterrence isn't working," he said. "It keeps happening."

Mulcahy said Borissov has struggled with PTSD and substance use, and sought treatment at a rehabilitation facility in 2023. Mulcahy also noted that since 2022, Borissov has volunteered at his son's MMA fighting gym as a mentor.

In a statement read out loud in court by Mulcahy, Borissov said policing is "my passion in life, and I always strive to do my best."

"However, the stress of the job, the long working hours, the traumatic events such as seeing abused people or dead bodies and severe assaults slowly took a toll on my physical and mental health," his statement says.

The parts of the statement read aloud in court discuss the toll his arrest has taken on his family, his standing in the community and his finances. They did not mention his victims or express remorse. CBC Toronto has requested a copy of the full statement.

More charges pending against suspended officer

Following the guilty verdict in May, Misener imposed new conditions on Borissov — then out on bail pending his appeal — including surrendering his passports and staying in the province. She declined an application from Mulcahy requesting Borissov be allowed to leave the country for a family trip to Bulgaria.

Borissov was arrested Aug. 25 for violating his bail conditions after allegedly attempting to use a fraudulent passport to board a flight to Europe from Montreal, a Toronto police source told CBC Toronto.

Following his alleged attempt to flee — for which he will be tried separately at a later date — he was taken into custody. Mulcahy did not respond to a request for comment.

Borrisov, who had been suspended with pay since his initial arrest, was placed on unpaid leave as of Aug. 30, a police spokesperson said.

He is expected to be sentenced Oct. 1. Once his sentencing is complete, he will face professional misconduct charges, according to a police spokesperson, and could lose his job.

Borissov was separately arrested for violating his bail conditions in June 2023, after he allegedly attempted to smuggle Cuban cigars worth $10,000 into Canada. Those allegations have not yet been proven in court.