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The widow woman of an OPP ship's officer who died by felo-de-se sir thomas more than 6 years ago accuses Saint John Police Chief Robert Bruce of misconduct in lawsuits against the Ontario Provincial Police and the police union.
Bruce is not a defendant, but Heather Harmer accuses him in the court documents of engaging in “tyrannical leadership, bullying and cronyism” when he served as commander of the field services branch in Orillia from 2011 to 2014. Her husband Jeffrey Harmer “was a victim of such treatment,” she claims.
Bruce retired from the OPP as chief superintendent in 2015 and was named Saint John chief in 2021.
Nine members of the Saint John Police Force filed conduct complaints against Bruce last year.
Eight of the officers have asked the Court of King’s Bench to conduct a judicial review after the Saint John Board of Police Commissioners and the New Brunswick Police Commission fully or partially dismissed their complaints related to allegations of a toxic work environment.
Harmer, of Severn, Ont., filed her lawsuits against the OPP and the Ontario Provincial Police Association with the Ontario Superior Court of Justice in Toronto in 2022.
She filed them on her own behalf, as administrator of the estate of Jeffrey Harmer and on behalf of their two children. They were 12 and nine when they lost their father.
Jeffrey was a staff sergeant in forensic identification services at OPP general headquarters in Orillia, about 140 kilometres north of Toronto.
He died by suicide in the family home on Nov. 17, 2019, according to the documents — about four years after Bruce retired. He was 50 years old and had served as an OPP officer for half his life.
Heather Harmer, also an OPP officer, alleges in her statements of claim that the suicide would not have happened if the OPP and union had taken “appropriate steps” to protect her husband.
“Jeffrey’s death resulted from a combination of his long-standing emotional and mental health problems, the impact of prolonged workplace stress and, most importantly, the fact that he was not referred by the Defendants for an in-depth psychiatric assessment, and pharmacological and other intervention,” the statements allege.
Harmer is seeking a total of more than $31 million in damages for alleged negligence and the actions or inactions of the defendants, which she contends caused Jeffrey’s death and which, she alleges, the defendants “knew or ought to have known would occur.”
None of the allegations have been tested in court. The OPP has not filed a statement of defence and the union denies all allegations against it.
Bruce’s lawyer Tara Erskine declined a request for an interview with the chief, citing legal restrictions.
Harmer referred a request for an interview to her lawyer, Ted Laan, who declined, citing the ongoing proceedings.
According to Harmer’s statements of claim, Jeffrey received “exemplary evaluations” until 2011, after he started a new position as training co-ordinator for the tactics and rescue unit. The unit deals with high-risk situations, such as hostage-takings and searches for dangerous fugitives.
“The promotion was controversial because Bruce had accumulated complaints in his previous positions,” Harmer alleges in the statements of claim, which supply no supporting details.
Within a few months, Harmer alleges, an officer described as being "an ally" of Bruce also received a promotion.
Thereafter, the leadership “fostered and condoned a culture of bullying, intimidation and general harassment, creating a toxic workplace,” the statements allege.
The statements of claim allege “Bruce and his allies” did not welcome changes Jeffrey introduced to his unit’s training program that “emphasized skills over brawn and positive encouragement over punishment."
“Bruce and his allies engaged in a campaign of intimidation and harassment against Jeffrey. Jeffrey was singled out by his superiors for unfavourable evaluations and treatment. He was relieved of some duties for no good reason.”
This alleged treatment is detailed in a 29-page workplace discrimination and harassment policy complaint Jeffrey filed with the union on April 12, 2014, the statements indicate. The OPP received a copy, according to the statements of claim.
According to Harmer, the complaint includes notes Jeffrey made over the previous couple of years, such as this entry from Oct. 15, 2013: “I struggle to hold onto hope. I struggle with suicidal thoughts, depression and anxiety.”
Jeffrey became “increasingly despondent, agitated and withdrawn,” the statements of claim allege. “He was drinking heavily and was increasingly disconnected from his wife and children. He was anxious and felt humiliated.
“He said to his wife, ‘They have destroyed me,’ and ‘I feel like a shell of a man: they’ve taken everything from me.’”
Although Harmer knew Jeffrey had filed the complaint, the statements of claim say she hadn’t seen it until she discovered it on his computer in 2020, after his death.
“She read the document in horror,” noting it mentioned suicide five times,” the claims say.
While Harmer was “very aware of Jeffrey’s mental health issues,” which put a strain on their relationship and her own health, the claims say “he had never mentioned or intimated anything about suicide to her.”
Harmer’s grief was now “compounded by anger … because she realized for the first time that the suicide might have been prevented had proper steps been taken by the Defendants,” the claims allege.
According to Harmer, it was either an expressed or implied term of Jeffrey’s employment that his workplace “would be safe and free from harassment by the officers, agents and employees of the OPP, including Bruce.”
The defendants “owed a duty of care to Jeffrey,” but the OPP and Bruce “intentionally and maliciously harassed and mentally and emotionally abused” him, the statements allege.
As a result, Harmer contends, Jeffrey suffered psychological injury, yet the defendants “did nothing at all by way of assistance or protection.”
In her statements of claim, filed in 2022, Harmer says she remains devastated by what happened and worries about the long-term impact of Jeffrey’s suicide on her children.
The social and emotional ramifications to all in the family “have been and will be devastating and life-long,” the documents allege.
As of February, both lawsuits remained active, but no hearing dates had been scheduled, according to court staff. The court did not respond to a request for an update Monday.
Puzio did say the tactics and rescue unit reports to the field support bureau. The chief superintendent is responsible for its overall administration and operations. The training co-ordinator in the tactics and rescue unit “reports directly to a Staff Sergeant, who reports to an Inspector, and, subsequently, a Superintendent, who reports directly to the Chief Superintendent.”
Puzio also confirmed that Heather Harmer is a “valued and active-duty member of the OPP.”
Scott Mills, the Ontario Provincial Police Association spokesperson, declined to comment, citing the litigation. But in a statement of defence, filed in April 2024, the union denies all of the allegations in the statement of claim and asks to have the lawsuit dismissed with costs.
It also contends the substance of Harmer’s claims falls under a collective agreement with the OPP, is subject to binding arbitration and outside the jurisdiction of the court.
The union denies owing any duty to the plaintiffs or breaching any duty and contends it is not responsible in law for any acts or omissions of the OPP.
The union also denies the plaintiffs have “sustained any damages, injuries and/or losses as alleged, or at all.”
If they did, these were caused by pre-existing factors such as trauma, illness or impairments and are unrelated to the union, the document says. It also claims Jeffrey’s family members have “fully recovered … or will fully recover … in the near future.”
The Ontario Provincial Police Association has filed a third-party claim against the Province of Ontario for any amount it may have to pay the plaintiffs if found liable.
It argues the Crown is responsible for the administration of justice and overseeing policing services throughout the province, including the OPP.
If the allegations about Bruce are proven to be true, the union claim says, the Crown knew or should have known he ”habitually engaged in bullying behaviour, and was inadequately trained and/or suited for his new leadership position … as documented by a history of complaints.”
In addition, the Crown should have known that other leaders would “ally with Bob Bruce to target” Jeffrey Harmer, and that the behaviour of Bruce and the other leaders “would create a toxic workplace, with a general culture of tyranny, intimidation, and harassment,” the union alleges.
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