​Canadian Cop Caught with Illegal Handgun, Brass Knuckles, Knives at US Border

A Toronto police officer has been docked 20 days' pay after attempting to cross the United States-Canada border with several weapons, including an unregistered handgun, in his personal vehicle.

During a secondary search at the Fort Erie Peace Bridge crossing in 2014, CBSA agents discovered a loaded Colt Cobra firearm and extra ammunition in the vehicle of Toronto police Const. Anthony da Costa, according to a police document.

The document, a sentencing decision from the police force's Disciplinary Hearings Office, states that investigators also found "pepper spray, an expandable baton, seven knives, brass knuckles, and a pair of handcuffs."

"One of the knives was a prohibited weapon," according to the decision.

"Constable Da Costa did not possess any paperwork" required for bringing the weapons across the border and did not have a license or registration for the firearm.

Da Costa was arrested and charged, and told investigators there were other weapons at his home. His lawyer would later argue that a brutal beating during an undercover assignment had led da Costa, a veteran officer, to fear for his safety and carry a weapon for protection.

The next day, Niagara police searched da Costa's home, where they found a rifle, a pistol, ammunition, and pepper spray canisters. DaCosta had registered and properly stored the guns, according to the document, but he "did not have currently valid licenses to possess either firearm."

A CBSA spokesperson said in an email that da Costa was charged with four counts of making false statements, four counts of attempted smuggling, and one count of willful evasion under the Customs Act.

The Niagara Regional Police Service laid eight charges against da Costa, according to Const. Philip Gavin, including three counts of possession of a restricted or prohibited firearm without a license and registration.

Da Costa pled guilty in a Welland, Ontario court to two firearms charges, according to the disciplinary decision. He received a conditional discharge and three-year probation. The Crown did not pursue the other charges.

The disciplinary hearings office handles charges of misconduct against officers in accordance with provincial legislation. The tribunal functions much like a courtroom,with defense and prosecution often calling witnesses and eliciting testimony before a hearing officer. Penalties for misconduct can include demotions in rank, forfeiture of pay, and termination.

Da Costa pled guilty to two counts of discreditable conduct at the quasi-judicial tribunal last year. Defense and prosecution made a joint submission on penalty, arguing for concurrent 20-day forfeitures for each charge.

Defense counsel Gary Clewley said last year that da Costa had a license and registration for the Colt Cobra, but "both had lapsed."

Clewley also argued during a hearing that daCosta had an otherwise outstanding record, and had been commended for his work. The officer had struggled with alcohol dependence and "hyper-vigilance," according to Clewley.

Da Costa had drank to help blend in strip clubs and other places while working undercover. He had also used alcohol to "medicate himself," according to Clewley.

And in 2004, eight gang members attacked da Costa, nearly beating him to death.

"Obviously, his cover was blown," said Clewley, who argued that da Costa felt a gun was necessary for protection.

Da Costa has since sought treatment, Clewley said, and made a "remarkable recovery."

Supt. Gord Jones, who served as hearing officer, told VICE that there are "opportunities for officers who are feeling threatened" to seek authorization from the police chief to carry a firearm when off-duty.

"I can assure you that does not happen very often," Jones said. The force's intelligence division would first conduct a threat assessment, Jones said, and police would consider other strategies. As for the pepper spray, Clewley claimed the canisters were "used and discarded," intended to keep raccoons away from da Costa's home. After a hearing last year, daCosta said that weapons found in his car, with the exception of the gun, were for pat-down exercises at the Toronto Police College. "I forgot to take them out of the car,"da Costa said. Service prosecutor Ian Stratford argued that da Costa "broke the very laws that he swore to uphold." Stratford said he believed da Costa understood his misconduct was serious, and that there was "no indication" that the officer could not be rehabilitated. Stratford also said da Costa's behavior had damaged the police force's reputation, which could be further harmed if his actions became more widely known. Clewley disagreed. "It's not often I disagree with Inspector Stratford, but I'm going to make an exception today," Clewley said. Jones wrote in his decision that da Costa had damaged the force's reputation, noting that members of the public and other individuals were aware of the officer's actions. But Jones also cited da Costa's strong work performance, writing, "his appraisals reflect an officer who consistently meets or exceeds the performance standards and is viewed as a valued and productive member of the Service." "I am confident that he will not be before the Tribunal again," Jones wrote. Follow Stephen Spencer Davis on Twitter.