Toronto Police Chief Delays the Inevitable

Update: see previous posts – January 22, 2012 Five Officers Should be Charged in G20 Protester’s Arrest, Police Watchdog Says, January 18, 2012 G20 Lawsuit Emerges After Largest Mass Arrest in Canadian History, December 22, 2011 G20 Activist Unapologetic As She Receives a Sentence of 10 Months, December 10, 2011 McGuinty to Declare the1939 Public Works Protection Act Null & Void in the New Year, November 23, 2011 11 G20 Defendants Set Free, November 3, 2011 G20 – Chair of Toronto Police Services Board concerned about G20 Photo’s (June, 2010), October 27, 2011 G20 Arrest for Weapons Charge Results in Acquittal, October 5, 2011 G20 Review by Toronto Police Services Board is Expected to Conclude by March, 2012, August 12, 2011 Toronto Deputy Police Chief Tony Warr Defends Actions of Police During G20 (June, 2010), July 29, 2011 Judge Rules that Man Arrested at G20 Should Have Been Provided Counsel, July 23, 2011 Twenty One (21) Month Sentence for Man Who Set G20 Police Vehicle Ablaze, July 22, 2011 G20 Investigator Wants Law to Ban Disguises After 17 Suspects Unidentified, July 21, 2011 Toronto Police Chief Blair’s Report on the G20 is Deferred, June 25, 2011 G20 Summit Toronto – First Anniversary (June 26 & 27, 2011), June 18, 2011 Harper Falls Short on Toronto Businesses’ G20 Claims, June 10, 2011 G20 – Final Public Hearing for the Toronto Police’s Civilian Review, June 10, 2011 G20 – Another Arrest, June 7, 2011 G20 Update – Who Assaulted Adam? Nooobody!, June 1, 2011 Ottawa Police Enjoy Their Share of the G20 Money Pie, McGuinty to Scrap the Secret G20 Law (1939 Public Works Protection Act), March 31, 2011 The “G20 Bump” Translates into a 60% Increase of Toronto Police Making the 2010 Sunshine List, March 19, 2011 Harper Screws Toronto’s Businesses, March 18, 2011 New G20 Lawsuits Launched Against Toronto Police Board, December 7, 2010 Ontario Umbudsman André Marin Delivers Report on G20 “Caught in the Act”, August 8, 2010 G20 Litigation, August 1, 2010 Damage$ Flowing from Charter Breaches

see source

G20 - A still from the video that helped bring charges against one of the officers involved in beating protester Adam Nobody during the G20 summit in Toronto in June 2010.

As of Tuesday, four of the five officers named in the report of an independent review of police actions during the 2010 G20 summit — including Const. Michael Adams — were not facing charges of misconduct under the Police Services Act.

The Office of the Independent Police Review Director (OIPRD) concluded Constables Michael Adams, Babak Andalib-Goortani, Geoffrey Fardell, David Donaldson and Oliver Simpson used unnecessary force against protester Adam Nobody in June 2010. Its report was made public last week.

Adam Nobody was injured (broken nose and right cheekbone) during the G20 in Toronto on June 26, 2010
G20 - Where the largest mass arrest in Canadian history took place in Toronto in June 2010. Adam Nobody was injured (broken nose and right cheekbone) during the G20 in Toronto on June 26, 2010

The OIPRD probes public complaints of misconduct against police. Unlike the police watchdog called the Special Investigations Unit, it does not have the power to lay criminal charges.

Instead, when OIPRD findings are deemed of a “serious nature” (as was the case in the Nobody probe), legislation requires the chief of police to charge the officers under the Police Services Act and order a disciplinary hearing. A hearing officer, like a judge, considers whether there’s merit to the evidence.

Penalties for officers facing misconduct range from reprimand to dismissal.

Usually, charges must be laid within six months of the incident unless the civilian Police Services Board approves an extension. A source told the Star Friday the board has granted Police Chief Bill Blair the right to lay charges.

Asked whether the officers would face charges under the act, police spokesman Mark Pugash explained he didn’t want to predict what may happen in the future.

Const. Andalib-Goortani is, however, facing three police misconduct charges, including unnecessary use of force for striking “W.B.M.” and neglecting to carry out an order. The officer from 31 Division is also facing a criminal charge of assault. All stem from G20-related matters.

It’s unclear who, exactly, “W.B.M” is, but early last year photographs of Andalib-Goortani wielding his baton over blogger Wyndham Bettencourt-McCarthy at Queen’s Park on the Saturday of the G20 summit were published in the Star. Bettencourt-McCarthy said she was struck twice, leaving a welt on her right hip.

Under the leadership of Toronto Police Chief William Blair, police enforced a five-metre-law that did not exist during the June 2010 G20 in Toronto.

Here are a few passages of the Police Services Act.

PART IV

POLICE OFFICERS AND OTHER POLICE STAFF

Chief of Police

Duties of chief of police

41.  (1)  The duties of a chief of police include,

(a) in the case of a municipal police force, administering the police force and overseeing its operation in accordance with the objectives, priorities and policies established by the board under subsection 31 (1);

(b) ensuring that members of the police force carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community, and that discipline is maintained in the police force;

(c) ensuring that the police force provides community-oriented police services;

(d) administering the complaints system in accordance with Part V. R.S.O. 1990, c. P.15, s. 41 (1); 1995, c. 4, s. 4 (8, 9); 1997, c. 8, s. 27.

Power to disclose personal information

(1.1)  Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations. 1997, c. 17, s. 9.

Purpose of disclosure

(1.2)  Any disclosure made under subsection (1.1) shall be for one or more of the following purposes:

1. Protection of the public.

2. Protection of victims of crime.

3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.

4. Law enforcement.

5. Correctional purposes.

6. Administration of justice.

7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.

8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. 1997, c. 17, s. 9.

Same

(1.3)  Any disclosure made under subsection (1.1) shall be deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act. 1997, c. 17, s. 9; 2006, c. 34, Sched. C, s. 27.

Same

(1.4)  If personal information is disclosed under subsection (1.1) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information. 1997, c. 17, s. 9.

Chief of police reports to board

(2)  The chief of police reports to the board and shall obey its lawful orders and directions. R.S.O. 1990, c. P.15, s. 41 (2).

Police Officers

Duties of police officer

42.  (1)  The duties of a police officer include,

(a) preserving the peace;

(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;

(c) assisting victims of crime;

(d) apprehending criminals and other offenders and others who may lawfully be taken into custody;

(e) laying charges and participating in prosecutions;

(f) executing warrants that are to be executed by police officers and performing related duties;

(g) performing the lawful duties that the chief of police assigns;

(h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing municipal by-laws;

(i) completing the prescribed training. R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28.

 

 PART V

Review and Investigation of Complaints

Complaints about police officer’s conduct, Independent Police Review Director investigation

68.  (1)  The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5) (c) to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10.

Unsubstantiated complaint

(2)  If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the chief of police of the police force to which the complaint relates and the chief of police shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report. 2007, c. 5, s. 10.

Matter referred to chief of police

(3)  If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the chief of police of the police force to which the complaint relates. 2007, c. 5, s. 10.

Same

(4)  If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the chief of police under subsection (3), shall so indicate. 2007, c. 5, s. 10.

Chief of police to hold hearing

(5)  Subject to subsection (6), the chief of police shall hold a hearing into a matter referred to him or her under subsection (3) by the Independent Police Review Director. 2007, c. 5, s. 10.

 

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