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Toward a New Oversight Model in Ontario

Justice Michael Tulloch submitted 129 recommendations to the Attorney General on March 31, 2017. Justice Tulloch was very much appreciative of input from the OACP and Chiefs of Police across Ontario. Highlights of the report include:

Office of the Independent Police Review Director

  • Retains its investigative function, with capacity to investigate complaints against Chiefs
  • Within five years, the OIPRD should be the sole body to investigate public conduct complaints (no longer Chiefs)
  • Encourage early resolution of complaints through alternative dispute resolutions, and provide more options to terminate investigations
  • Use prosecutors from designated Ministry list for directed hearings, (to be managed by OCPC) should review section 11 and have the authority to ask Chiefs to clarify, further investigate, and lay charges where Chiefs have not if determined that charges are appropriate
  • Encourage former police officers serving as Investigators to complete accredited training through a standardized education program
  • No more than 25 per cent of investigators should be former police officers

Special Investigations Unit

  • At least 50 per cent of the non-forensic investigators should have no background in policing.
  • Focus on criminal investigations of not only police officers, but special constables and auxiliary members as well
  • Recommended to have discretion to investigate any matter of public interest should adopt OSLER definition of serious injury
  • Should add public accountability officer to enhance transparency -- they must deal with the shroud of secrecy
  • Duty to cooperate applies to civilian members of a police force, special constables employed by a police force, and auxiliary members of a police force (enforce a provincial offence).
  • Add a Deputy Director of investigations to ease investigative delay
  • 120 days to produce a report and to complete investigations; report on status every 60 days thereafter if not completed
  • Mandate invoked only if police have actually engaged with the subject
  • SIU reports to become public when no charges laid (redacted) - no release of personal information, names, or operational/investigative techniques. Focus on facts and evidence and reasons why no charges laid.
  • Historical reports involving fatalities should be released, or others upon request
  • Should have discretion to lay charges for any criminal or provincial offence uncovered during an investigation
  • Subject and witness officers should continue to have access to legal counsel should be permitted to hire former police officers through accredited training by a standardized education program

Ontario Civilian Police Commission

  • Shed investigative powers and focus on adjudicative functions should maintain prosecutors on list for OIPRD directed hearing
  • Conduct all first instance disciplinary hearings of public complaints
  • Ombudsman should have administrative oversight of 3 bodies and ensure adherence to mandates
  • Not an appeals body; should not review investigations

Coroner’s Inquests

  • The Coroners Act should be amended to require an inquest when a police officer’s use of force is a direct contributor to the death of an individual

General Issues

  • Consideration towards establishing a College of Policing in Ontario to compliment civilian oversight
  • Ministry to establish selection criteria for Board members, and include mandatory training for Board members
  • OPC to modernize training curriculum and develop a post-secondary policing degree
  • No changes to discipline process (Part 5) but recommendation to move towards labour arbitration model
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