Former jailer to be sentenced on breach of trust charge
A former jailer with the Cape Breton Regional Police who pleaded guilty to a charge of breach of trust will be sentenced later this month.
Crown prosecutor Alonzo Wright and defence lawyer Bill Burchell made their sentencing arguments Thursday before Supreme Court Justice Robin Gogan, who adjourned to consider sentence.
Wright recommended a sentence of 12 to 18 months probation while Burchell is seeking a conditional discharge which would allow his client the benefit of not acquiring a criminal record.
Todd Elliot MacKay, 44, of Lingan Road, was facing four charges but pleaded guilty to breach of trust in connection with an incident May 6, 2011.
MacKay admitted to calling the Henry Street Pub and telling a staff person not to let anyone in the club smoke because a provincial compliance officer was making the rounds.
In his presentation to the court, Wright noted that MacKay had a sworn obligation not to release information he acquired as part of his duties to unauthorized sources.
Gogan asked if there was an appreciable difference between a special constable and a police officer, to which Wright responded there wasn’t much of a difference. He said MacKay was still a constable and should still be held to a high level of accountability.
However, Burchell noted that a special constable is different than a police officer, given their powers and authority.
Burchell said his client has no prior record and co-operated fully with police during their investigation which also resulted in the conviction of a former police constable on breach of trust and obstruction of justice charges.
The police officer has since resigned from the force while MacKay remains listed as suspended.
Both Wright and Burchell agree that MacKay’s actions were at the lower end of the scale.
In addressing the court Thursday, MacKay said the phone call to the bar was something he regrets every day. He is now working as a pipefitter in Alberta.