Customs officer allows smuggling
Suspended sentence, probation for former Niagara border guard
A former Canada Border Services Agency officer who routinely falsified documents to allow the smuggling of tobacco into Niagara has received a suspended sentence, two years’ probation and 150 hours’ community service.
Chad Gale was before Judge Tory Colvin at a sentencing hearing Friday in a Welland courtroom.
Colvin rendered his decision following a short break to consider arguments defence lawyer Jeff Root put forward asking for a conditional discharge and community service.
Gale, of Welland, had been convicted on one count of breach of trust in August after being arrested last December following an investigation into cross- border tobacco smuggling by Canadian and American agencies.
CBSA’s southern Ontario regional director general, Rick Comerford, read a victim impact statement on behalf of the border agency and its officers at the start of the hearing. He said Gale’s actions had an impact on the agency and the reputation of its officers not only at the Fort Erie Peace Bridge crossing where the incidents took place, but across Canada.
He spoke about the agency’s code of conduct, which includes a section on integrity and ethics.
“Without integrity, we cannot accomplish the mission that our nation has entrusted to us. Our commitment begins at recruitment and continues through the career of the officer. It defines our relationship with one another and the country we serve. For this reason, no act of corruption within our agency can or will be tolerated,” said Comerford.
He said through his actions, Gale violated the agency’s expectations and standards, damaged the agency’s reputation as a trusted law enforcement partner and severed the bond of trust between himself and his fellow officers.
“He purposely entered information into the database to conceal the entry of individuals into Canada. He purposely modified names and dates of birth, turned off the system to cover the tracks of individuals and the large rental trucks they were driving. He carried out these acts for six individuals on more than 20 occasions.”
Comerford said Gale had a duty to protect the country and was equipped to do so with the appropriate tools, training and systems.
“Yet in a calculating and manipulative way, he intentionally disregarded his training, tools and systems to hide the entry into Canada of certain individuals and their conveyances.”
Root said Gale entered a guilty plea and stepped up and took responsibility for his actions and said a pre- sentence report showed he feels remorse and shame for his actions.
“His arrest was publicized and he was fully co- operative with the RCMP,” the defence lawyer said.
He said every aspect of Gale’s life has been impacted, including his employment, future employment, family, friends and a relationship. He said Gale suffers from anxiety issues and is aware that he brought this upon himself due to his actions.
“He’s trying to move forward with his life and is close to getting his real estate licence. If he is allowed … he’ll be a benefit to the community,” said Root, who also presented 35 testimonials from people in the community in support of his client.
Gale, court heard, did not benefit financially from allowing six individuals to cross the border unchecked. His bank severed ties with him after the police investigation.
Due to what happened, a relationship Gale had with a fellow border guard and her eight- year- old daughter had to stop. None of Gale’s former fellow colleagues can have any association with him.
“Given all the information we have, he is a very strong candidate for a conditional discharge,” said Root, who presented the court with relevant case law.
Crown attorney Tim Hill said Gale used his public office to conceal his actions.
“There were six people police were able to identify that came over in large vehicles,” said Hill, adding a larger investigation into the activities was cut short when a person was arrested in the U. S.
Hill called Gale’s actions an egregious breach of trust.
“A conditional discharge is not in the public interest,” he said.
Colvin asked Gale, whose parents were in the courtroom, if he wanted to make a statement. In a quiet voice, Gale said no.
After a 20- minute break, Colvin returned with his sentence.
“I must sentence this case on what he pled guilty to and the exact facts … breach of trust,” said Colvin. “I can’t speak to what harm might flow into the country …”
Colvin used an analogy of a speeder pulled over by police. He said the person could only be charged with speeding, not for the potential their speeding could cause a crash and injure or kill someone.
The judge said he reviewed Root’s case law in which others in positions of public trust were given conditional discharges for similar type offences. He said in those cases, there was some sort of physical or mental health issue.
“There’s no indication or any suggestion of that here. There’s no explanation of why he did the things he did,” said Colvin, adding it was within Gale’s rights not to explain his actions.
Colvin said it isn’t in the public interest in this case to give a conditional discharge and imposed the suspended sentence with two years of probation and 150 hours of community service. A number of conditions were imposed on Gale as part of his probation, including keeping the peace, notifying his probation officer of any change of employment, name or address and to not associate with six individuals arrested in connection with the case.