Former Cape Breton Regional Police jailer sentenced
Todd Elliot MacKay pleaded guilty to breach of trust
A former special constable with the Cape Breton Regional Police was ordered Wednesday to complete a 12month probation period after previously pleading guilty to a charge of breach of trust.
Todd Elliot MacKay, 45, of Lingan Road, was facing four charges but pleaded guilty to breach of trust in connection with an incident May 6, 2011.
Supreme Court Justice Robin Gogan imposed the penalty having adjourned the hearing for about a month to consider a proper sentence.
Prosector Alonzo Wright recommended a sentence of 12- 18 months probation, while defence lawyer Bill Burchell sought a conditional discharge that would have allowed MacKay an opportunity not to acquire a criminal record.
“His behaviour made a mockery of his oath and brought the administration of justice into disrepute,” Gogan said, ruling out a conditional sentence.
MacKay, who worked as a jailer with the police service, admitted to calling the Henry Street Pub on May 6, 2011, and telling a staff person not to let anyone in the club smoke because a provincial compliance officer was making the rounds.
MacKay, a father of two children, started with the po- lice service in 2003 and since being charged, was suspended without pay. A hearing will now be convened by the service to determine his future with the regional force.
MacKay is now working as a pipefitter in Alberta.
In her decision, Gogan said MacKay’s action tarnished the policing community along with the administration of justice, adding that such conduct is not acceptable.
She said MacKay abused his oath of office by passing on information he learned through his job to an outside source.
She also noted that MacKay has no prior criminal record and that he did not benefit as a result of his actions. The maximum penalty for such an offence is a federal prison term of five years.
A police constable was charged with MacKay and pleaded guilty to breach of trust and obstruction of justice charges.
He was sentenced to complete a three- month conditional sentence. The officer has since resigned from the force.