Windsor officer penalized for $50 donation to Freedom Convoy movement

Windsor police Const. Michael Jason Brisco learned Thursday he must forfeit 80 hours as a penalty for being found guilty of one count of discreditable conduct under the Police Services Act (PSA).

“Constable Brisco betrayed the trust of his fellow officers, the community and the Windsor Police Service (WPS),” Adjudicator Morris Elbers wrote in his decision. “The donation which was made was in total opposition to the hardworking police officers from across the province who worked day and night to keep the peace in Ottawa and Windsor specifically and elsewhere in this country.”

During a seven-day hearing earlier this year, Brisco admitted to donating $50 through an online crowd-funding site on Feb. 8, 2022, two days after the Ottawa Police Service declared a state of emergency.

At the time, Brisco was off on unpaid leave of absence because he did not meet the requirements set out in the WPS COVID-19 vaccination policy.

“Those that chose not to be vaccinated were given direction. It was obvious by Constable Brisco’s actions he did not believe in this direction. This type of behavior displayed by Constable Brisco was deemed not tolerable by the Service,” Elbers wrote.

At a one-day penalty hearing, David Amyot, the lawyer for WPS requested a penalty of 140 hours.

“(Mr.) Amyot submitted that Brisco’s duty as a police officer superseded his belief in the Convoy.” Elbers summarized.

Defence lawyer Shane Miles requested 40 hours, noting Brisco - a 15-year veteran of the force - has no previous disciplinary actions on his WPS record, he took responsibility for his actions and offered more than a dozen letters of support from his peers.

“The officer (Const. Brisco) has learned a great deal and I am confident he will continue serving the people of City of Windsor in an acceptable if not an exemplary manner,” Elbers wrote in his decision while also saying “The overall purpose of the discipline process is to apply corrective measures to correct improper behaviour.”

Elbers decided Brisco must forfeit 80 hours to WPS.

“This means you will attend your office on either rest days or annual leave days and work the prescribed hours until eighty hours have been accomplished.” Elbers said. “The timeline to complete these hours will be issued by your Divisional Commander. I would recommend eight months to complete.”

“Clearly it's not what we had asked for in our sentence,” said Miles Thursday. “However, it is also not what Mr. Amyot asked for either.”

Miles declined to comment further until he and Const. Brisco have the opportunity to look closely through the “lengthy” penalty decision.

“We are keeping all of our options on the table,” Miles said when asked if they are considering an appeal. “We began this with an application that we were seeking Mr. Brisco to be seen as a civilian at the time in the first place.”

During the penalty hearing, Miles referenced a similar case within the Ottawa Police Service.

An OPS officer donated twice to the Freedom Convoy but pleaded guilty to the single charge of discreditable conduct, submitted an agreed statement of facts and was penalized with a forfeiture of 40 working hours.

Elbers ruled that was “not similar whatsoever” to the case against Brisco.

“As a police officer there comes a time when you must take the political issues out of your head when you are making decisions,” Elbers wrote. “You must obey the Policies, Procedures and Directives of the Police Service which is paying your salary.”

Elbers did however note the penalty against Brisco will “set a standard” for any other officers charged with similar offences under the PSA.

A second police officer, Brooke Fazekas, has also been charged with discreditable conduct but a date for a hearing has yet to be finalized.

“The public must be confident that the police will strive to set the example for those in the community. Anything short of this will be seen as a contradiction and serve no other purpose but to undermine the efforts of all serving officers and the explicit goals of the Windsor Police Service,” Elbers wrote.

WPS lawyer David Amyot declined to comment, but police issued a statement.

Statement from the Windsor Police Service: "We consider the matter involving Constable Michael Jason Brisco to be concluded. Constable Brisco remains a valued and productive member of the Windsor Police Service, and we continue to rely on his dedicated service to our community."

“Const. Brisco is an exemplary police officer with an unblemished record prior to this donation,” Windsor Police Association President Kent Rice told CTV News Thursday. “I believe and know that Const. Brisco will continue to be a devoted officer, serving the community of Windsor and Amherstburg.”