Victim sues former Windsor police officer in multi-million dollar lawsuit

WARNING: This article contains sensitive subject matter

Former Windsor police officer Peter Burke is facing a multi-million dollar lawsuit for an alleged “manipulative” and intimate relationship while an investigator in the Major Crimes unit.

The 45-year-old plaintiff who goes by the initials G.M. is seeking $4.5 million in damages as followed:

• non-pecuniary damages for pain and suffering in the amount of $500,000
• past and future pecuniary damages estimated in the amount of $2,000,000
• special damages in the amount of $250,000
• damages for mental distress in the amount of $250,000
• aggravated damages in the amount of $500,000
• punitive and exemplary damages in the amount of $1,000,000

The suit, filed on Nov. 24, 2023, is against Burke and the Windsor Police Services Board.

The plaintiff is arguing Burke used his power and influence — provided to him by the Windsor Police Service (WPS) — “to intimidate and manipulate” G.M.

The WPS and WPSB, the suit alleges, are “vicariously responsible and liable” for his actions.

Burke’s alleged actions

According to the statement of claim, Burke and G.M. met in November 2017 while he was investigating a case of Intimate Partner Violence (IPV) against her former husband.

“Burke made a special effort to listen to the Plaintiff and make her feel heard with respect to her experience of IPV,” the suit alleges. “Burke showed an immediate special interest in the Plaintiff. He used his position as the lead investigator in the Plaintiff’s IPV case to establish and develop a relationship of trust, reliance, and intimacy with the Plaintiff under the guise of performing his duties as a police officer of the WPS.”

For the next two months the suit alleges Burke and G.M. established a sexual relationship.

The suit also alleges on at least one occasion a sexual encounter occurred in Burke’s personal vehicle while at the force’s collision reporting centre in Windsor.

The relationship ended in January 2018 but Burke continued to contact G.M. “on a regular basis, visited the Plaintiff at her home, provided emotional support, and continued to act as a person in a position of trust and authority over the Plaintiff,” the suit reads.

In January 2021, G.M. alleges Burke wanted to resume their sexual relationship.

In spite of her reluctance, G.M. admits she agreed to perform some sexual activities “to placate him.”

The suit alleges Burke sexually assaulted G.M. at her home in May 2021.

“Burke ignored the Plaintiff’s verbal and/or nonverbal expressions of her lack of consent to engage in, or continue to engage in, sexual activities, including vaginal penetration,” the suit reads.

At the time of the alleged assault, G.M. says Burke was in uniform, including his WPS-issued firearm.

The suit also alleges Burke was married at all times during his involvement with G.M., both consensual and non-consensual.

G.M. also alleges Burke suffers from “difficulties” with alcohol and sexual addictions, drug use, infidelity and struggles with the demands of his job.

Allegations against WPSB

The SIU investigated and based on preliminary inquiries, including an interview with the affected person (complainant), the investigation was discontinued. The SIU concluded it was without statutory jurisdiction to continue to investigate and the file was closed on March 24, 2022.

Criminal charges were never laid against Burke. 

The suit accuses the Windsor Police Service of being “willfully blind” to Burke’s “propensities” of failing to properly recruit and supervise him and that it was biased against G.M. when she came forward with a complaint in January 2022.

“Burke’s power and influence, which he enjoyed through his position with the WPS, materially increased the risk that he would prey on, groom, abuse, and sexually assault the plaintiff,” the suit reads.

The suit also accuses the Windsor Police Services Board of “negligence, breach of fiduciary duty, breach of trust and breach of non-delegable duty.”

Some of G.M.’s allegations against the WPSB include:

• it failed to properly screen Burke before he was hired
• it failed to supervise or monitor Burke’s work
• it failed to track Burke’s use of WPS technology, cruisers and information management systems
• it failed to remove Burke from his role as soon as the allegation was made
• it failed to recognize Burke’s “pattern of behaviour” with victims of IPV

Police Act Charges

Although criminal charges were never laid against Burke, WPS Professional Standards Branch investigated G.M.’s complaints and ultimately laid charges against the officer.

In August 2022, Burke pleaded guilty to three counts of insubordination and one count of discreditable conduct.

He was demoted from first-class senior constable to second-class constable for one year starting on Aug. 21, 2022.

Although the suit indicates Burke is still a police officer, WPS confirmed Wednesday Burke is no longer a member of the service.

“We cannot comment further as the matter is now pending litigation,” director of corporate communications Gary Francoeur said in a statement.

“Mr. Burke is no longer an officer or member of the Windsor Police Association,” President Kent Rice told CTV News Wednesday. “I do not want to prejudice the proceedings by commenting on an active civil suit.”

Plaintiff damages

The suit says G.M.’s life has been “fundamentally and forever changed” as a result of Burke’s alleged actions.

G.M. suffers “impairment of her mental health and emotional well-being” the suit reads, from feelings of grief, shame, anger and degradation.

She is in counselling, can no longer work and has a “loss of enjoyment of life.”

“The Plaintiff pleads that the (alleged) conduct of Burke as described herein was harsh, high-handed, manipulative, malicious and, as such, should be punished with aggravated and/or punitive damages,” the civil suit concludes.