Captain failed to follow protocol after non-binary firefighter allegedly assaulted, Crown suggests

The Ottawa Fire Services (OFS) captain in charge of the station where a firefighter allegedly choked and assaulted a non-binary crewmate failed to follow workplace policies following the incident, suggested the Crown attorney.

Friday marked three full weeks of the criminal trial of an OFS captain and a former firefighter at the Ottawa Courthouse, concluding the examination of witnesses.

The court has heard that on Sept. 14, 2022, former firefighter Eric Einagel and rookie Ash Weaver got into a physical confrontation in the kitchen at Station 47 on Greenbank Road in Barrhaven, over who would wash the dinner dishes that evening.

According to earlier testimonies, "horseplay" was common among junior firefighters who would compete to perform menial tasks as a way of demonstrating their initiative.

Weaver previously testified that during the altercation at the sink, Einagel choked them with both hands — a claim Einagel has denied.

Einagel is charged with assault causing bodily harm and assault by choking.

Capt. Greg Wright, 58, is charged with threatening to discipline rookie firefighter Weaver to prevent them from reporting the incident.

Ottawa firefighter Ash Weaver, right, walks with Sgt. Ali Toghrol of the Ottawa Police Service's hate and bias crime unit near the Ottawa Courthouse on May 8, 2024. (Patrick Louiseize/CBC)

Workplace policies prohibit 'horseplay'

During a second day of cross-examination by Crown attorney Siobhain Wetscher, Wright confirmed he was familiar with both the service's Employee Code of Conduct and Workplace Violence and Harassment at the time of the incident.

The former outlines that "disrespectful and inappropriate conduct" including "horseplay" is prohibited.

The latter reads that "intentionally pushing, shoving, or squeezing a person in any way" or any action that "could reasonably be expected to cause injury or illness to an employee" is also prohibited behaviour.

Under those policies, "dish fights" would be off-limits, said Wetscher, and it was not only Wright's job to enforce these policies but to immediately report the incident.

This photo shows the kitchen area at Fire Station 47 where the alleged assault occurred. It was taken by Ottawa police during their investigation into the incident and entered along with more photos of the station as an exhibit at the trial. (Ottawa Police Service)

Wright previously testified that he neither saw nor heard the brief melee as he stood at a nearby compost bin chatting with another firefighter, his back turned to Einagel and Weaver.

Wright testified that by the time he turned around, Weaver was exiting the room toward the truck bay.

While some of the crew members went to check on Weaver, Wright said others gave him an account of what they'd seen.

On Friday, Wright said he believed Einagel's intentions during the physical confrontation to be playful, calling him a "gentle soul" who he had never seen angry.

"But even if somebody doesn't intend to hurt somebody else and they give them a playful shove, it could cause injury to them," said Wetscher.

"Depends on how hard you shove," responded Wright.

Ottawa Fire Services station 47 on Greenbank Road on May 6, 2024. (Michel Aspirot/CBC)

Wetscher said according to the policies, Wright should have immediately spoken with Einagel or Weaver about what happened and report the incident.

Wright said based on his conversations with other crew members, he didn't believe it was serious.

He said he wanted to speak with Einagel and Weaver, and the rest of the crew members, when they were next scheduled all together: the following Saturday.

But the Crown insisted there was plenty of time to speak to the two involved on the day of the incident.

Witnesses agree there was roughly 30 minutes between the altercation and a minor "pot on stove" call. The crew, including Einagel and Weaver, returned to the station by 9 p.m., a full hour before bed time.

Wright said it takes time to put equipment away when the crew returns from a call.

"That took priority over a very upset staff member?" asked Wetscher.

"That would take priority," said Wright. "And I wouldn't say they were upset. They were more angry they lost the sink fight."

Closing submissions are scheduled for July 4.