Ontario officer sues OPP and police union after judge’s scathing dismissal of gun charges against him

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At the conclusion of Manca’s trial, Ontario Court Judge Peter West said he found the prosecution flawed and inadequate — and that some of the testimony from officers could not be trusted.

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In his decision, the judge said the case was “doomed from the beginning.”

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The eight police officers the Crown called as witnesses gave testimony that was incomplete and sometimes contradictory, West said. The long passage of time didn’t help. The charges spanned two incidents, years apart.

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“A couple of the witnesses, in my view, left much to be desired in terms of their honesty. I do not believe one of the officers in particular was honest with the court in his evidence,” West said in his oral judgment, according to the court’s transcript of the hearing. “It caused me concern about veracity of his evidence.”

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“The evidence in both counts, in my view, is filled with unanswered questions. No witness observes Staff Sergeant Manca actually discharge his firearm,” West said in his judgment.

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”No one saw where he was standing … no one saw where his firearm was aiming or pointing when it was discharged, none of the witnesses observed any craters, holes, or divots in the ground which would establish that the firearm was in fact discharged into the ground, (or) where the conduct occurred in relation to the OPP officers on the firing line.”

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The judge said none of the police officers who testified had complained to a superior after the shooting exercises.

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“It is only improper speculation for the Crown to jump to the inference that Staff Sergeant Manca fired into the ground behind the firing line.”

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Even the prosecutor’s expert on firing range safety testified that it was important to know where the shooter was and where he was aiming to determine if the actions could be considered careless.

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Manca was acquitted of everything.

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Manca has not returned to work, however, because the internal OPP investigation has not concluded, he claims in his lawsuit. He still logs in each day at an OPP detachment and remains on the payroll but can’t do police work, he said.

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Instead, he works his new career as a realtor.

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The lawsuit names the OPP, which is Canada’s second largest police force, and the Ontario Provincial Police Association, the union for more than 6,000 uniformed OPP officers and 3,000 civilian employees.

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Both the OPP and the OPPA declined to comment on the lawsuit.

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“The OPP is aware of the court’s decision in this matter…. The OPP is not in a position to comment on the decision or on any related matters before the courts,” the OPP said in an email.

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“With this matter being before the court, we are unable to comment at this time,” said Scott Mills, a spokesman for the OPPA.

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Manca’s claims have not been tested in court.

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Manca joined the OPP in 1997 and has been a member of a Tactics and Rescue Unit, the Emergency Response Team, a training coordinator at the Provincial Police Academy, and commander of the Dignitary Protection and Investigations Section (during which he was in charge of the premier of Ontario’s protection in 2011 and 2012 when Dalton McGuinty was in office). Manca was named commander of the Emergency Response Team for the Central Region in 2013, according to his lawsuit.

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Manca is claiming damages against the OPP for lost income, expenses of starting a new career, and for leading a “negligent investigation.” Against the police union he is claiming damages for negligence and breach of duty of care. Against both he claims damages for, among other things, $477,000 in legal fees, and more than that for “injury to reputation, pain, suffering, humiliation, and emotional distress.”

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“I’ve remained silent for the last six years, basically since the inception of this investigation,” Manca said. “I’d like to know how this happened, why did it happen?”