Rule 367: Positive Tests and Classification

Positive tests are governed by Rule 367, which establishes how drug classifications and penalties are applied. Under this Rule:

• A positive test creates a rebuttable presumption that the trainer permitted or caused the unauthorized administration of a prohibited substance pursuant to Rule 366(c).
• Judges must consider the drug’s classification, as defined by the Uniform Classification Guidelines of Foreign Substances.
• Judges may consider mitigating or aggravating circumstances before imposing a penalty.
• In the absence of mitigating circumstances, the penalties listed in Rule 367(2)(a) apply.

For a Class 2 violation, the prescribed penalty for a first offense is a six- to eight-month suspension, a $1,500 fine, loss of purse, and a mandatory 30-day horse suspension. Regardless of the outcome for the trainer, the horse suspension must be applied in every Class 2 case.

Accordingly, WINDEMERE FLUSTER was suspended for 30 days immediately after the Certificate of Positive Analysis was issued, as required by the Rule.

Summary of the Investigation

MPHRC Investigator Chris Watts attended Northside Downs on November 3, 2025, and conducted interviews with Mr. Fiander, his wife Debra, and barn assistant Hannah Penney, while also reviewing the barn environment. The investigation confirmed that all feed and supplements were securely stored and that the barn was equipped with two camera systems. No evidence was found to indicate tampering, intentional administration, or mishandling of medications.

The investigation also documented Mr. Fiander’s significant medical history, including prior aneurysms, memory difficulties, and a condition that results in frequent and urgent need to urinate. He had been prescribed Temazepam, and it was possible he had taken this medication recently without clear recollection. Mr. Fiander acknowledged that, due to medical necessity and limited facilities, he had occasionally urinated in the stall used by WINDEMERE FLUSTER, which is the most secluded stall in the barn. Given that benzodiazepines are excreted in human urine, the Investigator concluded that inadvertent environmental contamination was the most reasonable explanation.

Judges Determination

After reviewing the evidence, the Judges determined that the presumption of unauthorized administration under Rule 366(c) had been rebutted on a balance of probabilities. The evidence demonstrated that the trainer had taken reasonable precautions to protect the horse and that there was no indication of intentional or negligent administration. The presence of the substances was most consistent with unintentional environmental contamination stemming from the trainer’s documented medical circumstances.

As a result, no suspension or fine was imposed on Mr. Fiander. This determination applies only to the specific facts of this case and should not be interpreted as establishing precedent for future matters.

The 30-day suspension of WINDEMERE FLUSTER was applied in accordance with Rule 367 and completed following issuance of the Certificate of Positive Analysis.

Important Clarification on Regulatory Consistency

The Commission stresses the importance of regulatory consistency and expectations across all licensed participants:

• Trainers remain strictly responsible for the condition of horses in their care at all times.
• Findings of inadvertent contamination are rare and must be supported by clear, credible, and corroborated evidence.
• This decision is limited exclusively to the facts of this case and does not create or imply precedent for future matters involving prohibited substances.
• The MPHRC maintains a zero-tolerance approach to the presence of prohibited substances in racehorses, consistent with national and international medication-control frameworks.

Conclusion

The Commission is releasing this report to support transparency and reinforce public confidence in the regulatory processes governing harness racing in the Maritime Provinces. The outcome in this case reflects the unique factual circumstances established through a comprehensive investigation and review. The expectations under Rule 367 continue to apply in full, and the Commission remains committed to ensuring integrity, fairness, and accountability across the industry.