THUNDER BAY - A judge will determine whether former Thunder Bay Police chief, J.P. Levesque, will be called to testify in a case involving an alleged assault on a peace officer.
In a Thunder Bay courtroom on Wednesday, counsel for the Thunder Bay Police Service, Holly Walbourne, requested a subpoena calling Levesque to testify in the case of Gary Moore, who is alleged to have assaulted a Thunder Bay Police officer in August 2016, be quashed.
The subpoena would require Levesque to testify and provide documents relating to Thunder Bay Police Service policies, training, and standards.
Walbourne told Justice Helen Pierce that Levesque does not have any direct evidence to provide regarding the incident because he was not a witness to it and she argued that issuing a subpoena requires a higher level of probability when it comes to evidence that could be provided.
“It’s not a test if the person may have evidence to give, it has to be a probability they have evidence to give,” Walbourne said. “May is not enough.”
She also said because Levesque is asked to provide documentation regarding police standards and policies, which are written documentation, a third party application is required. She further cited jurisdictional errors regarding the subpoena being issued, which was by a judge outside of the district.
According to Francis Thatcher, who is representing Moore, the subpoena was ordered by a judge outside of the district to avoid any conflict of interest with the Thunder Bay Police Service.
He also said during his submission to uphold the subpoena that given Levesque’s then position as chief, he anticipated it would be challenged. However, he believes Levesque has evidence that is material and relevant to the case.
Thatcher argued that Moore was the victim of excessive force and suffered bodily harm during the course of his arrest, which is why having Levesque testify with supporting documentation of police policies, training, and standards could provide insight into police procedures when conducting arrests.
“The issue is not whether it is necessary or essential for the chief of police to testify, as there is already sufficient evidence before the court,” Thatcher said. “The issue is whether he has material and relevant evidence. It is my submission that he does.
Thatcher asked whether the incident that unfolded in August 2016 between Moore and the arresting officer was an isolated incident, or “was it a reflection of broader systemic policy and procedure that led to this result?”
Pierce will determine whether the subpoena will be upheld. Thatcher asked if the subpoena is quashed that he be permitted to resubmit the subpoena, which Walbourne agreed was his right to do so.
Moore is charged with assaulting a peace officer during an incident that took place on Aug. 17, 2016. The case will return to court on June 18.
Levesque retired from the position of Thunder Bay Police Service chief earlier this year.
