Ottawa police constable demoted for 18 months following sexual harassment hearing

Ottawa Police headquarters on Elgin St. is seen in this undated photo. (CTV News Ottawa)

An Ottawa Police Service constable has been demoted for 18 months after pleading guilty to making sexually suggestive comments to a colleague and slapping her buttocks.

Const. Charles Benoit was found guilty of two counts of discreditable conduct, according to a discipline hearing report on the Ottawa Police Service’s website.

According to the agreed statement of facts, the first count of discreditable conduct revolves around text messages Benoit sent to a colleague, identified in the report only as “AA” to protect her privacy.

On March 27, 2023, Benoit texted AA and asked if she was at work. She said she was at the gym, to which Benoit replied “Ok. We’ll come c you. You sweating yet. I’m not going in till ur sweating.” AA replied “Drenched.”

On May 3, 2023, Benoit texted AA to ask if she could take a call. AA responded that she required five minutes to kit up for her shift. Constable Benoit responded, “Np. Was thinking I’d catch you all sweaty again,” with a smiley face emoji. Later that same day, Benoit texted AA about a Facebook Marketplace listing of leather motorcycle chaps. Benoit wrote, “Bumm must be supper nice in this.” AA responded “lol” and “that the chaps still fit”, prompting Constable Benoit to state that he would need “proof of that.” AA replied “bahaha…I am decluttering.” Constable Benoit replied with two emojis.

The report stated that AA described the messages in her compelled interview as unwelcome and inappropriate and were “interpreted as an invitation to send a senior constable a picture of her buttocks.” Benoit said the comments were meant “in a joking matter” but acknowledged they were “clearly inappropriate.”

On Sept. 12, 2023, Benoit texted “heard you had a new gf. You still not coming back to this side. Just jump on our side for a little.”

The report says AA is a member of the 2SLGBTQQIA+ community and that AA’s sexuality is known to Benoit. AA said she perceived the comment related to “sides” in relation to her sexual orientation.

The second count of discreditable conduct revolves around an incident that took place on Sept. 23, 2023, after the Canadian Police Memorial Ride to Remember event.

According to the agreed statement of facts, AA was outside her vehicle following the event when Benoit parked his vehicle nearby and began talking to her. After the conversation, AA was speaking to her partner and daughter in their car, at which point Benoit approached her from behind and slapped her left buttock, creating “an audibly loud noise,” the report states. AA described the slap as “hard”, according to the report.

Four days later, Benoit texted, “Oh and sorry for slapping ur ass the other day. I didn’t know that was your gf, and on a flip side. That was a nice hard bum. Congrats,” followed by the thumbs up and OK emojis.

“Constable Benoit acknowledged in his compelled interview that he was aware of OPS’s policies on Violence and Harassment in the Workplace and Respectful Workplace. Constable Benoit acknowledged that his conversations with AA, which were intended to be a joke, were inappropriate,” the report says.

“Constable Benoit acknowledged in the same interview that his physical conduct towards AA, namely the slapping of her left buttocks, was inappropriate and beyond what is reasonable between friends.”

The prosecution in the disciplinary hearing sought Benoit’s dismissal, while the defence sought a one-year demotion.

Retired superintendent Lisa Taylor ordered Benoit demoted to second class constable for 18 months, after which time he will return to the rank of first class constable.

“I find Constable Benoit has the ability to move past this misconduct matter and to re-establish a positive reputation within the workplace and the community. Overall, I find this a strong mitigating consideration,” Taylor wrote.

“I find specific and general deterrence are clearly required and can be served though a strong but fair sanction.”

Taylor’s decision says she has considered the potential for damage to the Ottawa Police Service’s reputation should Benoit remain an officer, but said these incidents, while concerning, do not appear to be reflective of how Benoit has conducted himself over the course of his career, noting several letters of support from colleagues and friends, including numerous women.

“I find the public would be unsettled to learn that Constable Benoit slapped a fellow officer on the buttocks but there would be confidence instilled in the public knowing that the Service has taken the matter seriously and the member has been held accountable for his misconduct,” Taylor wrote. “The public would recognize that police officers are human too and make errors in judgement. The public and OPS members can be satisfied that the victim(s) in this matter were treated with compassion and respect, and their concerns were immediately addressed while the respondent officer was treated fairly.”

Taylor stressed Benoit’s actions were unacceptable.

“Constable Benoit’s misconduct could not be described as a mistake but a serious lapse in judgement and he ought to have known better. Constable Benoit’s strong employment history and letters of support would demonstrate this is out of character for him. Regardless, AA has the right to be treated with respect and to feel safe in the workplace and the offensive comments and physical contact directed at her are completely unacceptable,” Taylor wrote.

“Demotion is a substantial penalty that comes with accompanying negative financial impacts on the officer. The fiscal impact is significant and equates to approximately $20,000 per year, according to defence counsel. However, unlike dismissal, demotion comes with an end date. Constable Benoit must remain cognizant that should he face similar misconduct in the future involving such issues as outlined in the (agreed statement of facts), dismissal as a sanction is not out of the question. In fact, dismissal is a distinct possibility should such misconduct occur in the future.”

Ottawa Police Association President Matthew Cox said in a statement to CTV News Ottawa the union wants all members to feel safe in the workplace.

“The OPA does not condone this type of behavior, we do feel the Hearing Officer was very balanced in her decision,” Cox wrote. “The decision has been made, and we now want to ensure both members feel supported and are able to move forward in their careers. We want all members to feel safe in the workplace. This decision should ensure other members of the organization aren’t involved in similar incidents.”