The Hamilton Spectator

Constable guilty of four disciplina­ry charges

Decision ‘reinforces the fact journalist­s have an important and mandated role to play in society’

- Susan Clairmont Susan Clairmont is a Hamiltonba­sed crime, court and social justice columnist at The Spectator. Reach her via email: sclairmont@thespec.com

An angry and aggressive Hamilton police officer had no authority or reason to arrest two photojourn­alists as they worked at the scene of a fatal accident.

Const. Jeff Todoruck — whose tirade was recorded by several journalist­s — was found guilty Thursday of four disciplina­ry charges under the Police Services Act. Videos and photograph­s posted to social media from that scene documented the veteran officer’s actions — shouting, confiscati­ng cameras, handcuffin­g and even “grounding” one of the media members. His actions have drawn criticism from journalist­s across Canada.

The decision comes at an interestin­g time when police behaviour is already being heavily scrutinize­d. Police in the United States and Canada are being protested for their treatment of Black and other racialized community members. In the U.S., some journalist­s have been arrested by police while covering the massive protests that have resulted.

Meanwhile, the Hamilton Police Service has been rebuked for its mishandlin­g of a hate attack at last year’s Pride event. One recommenda­tion from an independen­t review of the debacle was for Chief Eric Girt and senior officers to get media training.

From the chief to a constable, Hamilton police has a media relations problem.

The hearing heard the Hamilton police media relations officer at the time of the arrests was so upset by the incident — he raced to the scene on his day off to try to intervene — that he quit policing. He is now a firefighte­r.

Lots of Hamilton cops have great relationsh­ips with the media. The arrested photojourn­alists — freelancer Dave Ritchie and former Global TV stringer Jeremy Cohn — are adamant about that.

But Todoruck does not. During his three-day hearing in March it became apparent he didn’t understand his service’s own media policy.

In May 2017, 10-year-old Jasmin Hanif was struck and killed by a vehicle near her home on Evans Road in Waterdown. The girls’ parents witnessed her death.

Todoruck was among the first officers there.

When Ritchie and Cohn arrived, the child had already been taken away.

Ritchie was confronted by Todoruck and told to leave. He was handcuffed and put in the back of his cruiser.

Ritchie was charged with obstructin­g police and resisting arrest. Later, he entered into a peace bond and the charges were dropped.

Cohn arrived and asked Todoruck why Ritchie was in the cruiser. Todoruck told Cohn to leave. The hearing heard Todoruck shoved Cohn to the ground, put his knee into his back, zip-tied his hands behind his back and put him into a second cruiser.

Cohn was released without charges.

Todoruck is convicted on one count of unlawful or unnecessar­y exercise of authority for arresting Cohn, two counts of neglect of duty for failing to read either journalist his rights to counsel, and one count of discredita­ble conduct for leaving Ritchie in the cruiser unattended. Todoruck’s defence was that Ritchie and Cohn interfered with the scene.

“At no time did Mr. Cohn wilfully attempt to obstruct or impede Const. Todoruck in the performanc­e of his duties,” hearing officer Peter Lennox, a retired Toronto police superinten­dent, wrote in his decision.

Todoruck was found not guilty of a fifth charge of discredita­ble conduct related to Cohn being left unattended in a cruiser. He may have thought another officer was supervisin­g him. The decision was handed down in a video conference call.

Todoruck, who represente­d himself at the hearing, did not join the call. He has continued to work while facing his charges. Submission­s will be heard at a later date to determine his penalty.

Cohn has launched a $900,000 lawsuit against the Hamilton Police Services board and Todoruck.

The Police Services Act process was triggered when Mackay Taggart, a news director at Global, filed a complaint to the Office of the Independen­t Police Review Director.

The decision reinforces that “the work journalist­s do not only is legal but has special standing in the course of our civil society,” says Taggart. “The police owe Cohn and other journalist­s special considerat­ion when doing their job at a crime scene.”

While some misinforme­d commenters on Twitter have criticized the photojourn­alists for videotapin­g a dead child (which is not true), Taggart says the public must understand why media covers tragic scenes.

“Everybody benefits from a third-party witness to the activities of police,” he says. “We are the eyes and ears of the public.”

Reporting can effect change. It did in this case. Media interviews with Jasmin’s family led to traffic being rerouted away from her street.

“Any journalist would do what I did that day,” says Cohn, now with CBC.

Taggart wants to meet with Girt.

“There’s need for media training and then after that training is done, there’s need for more media training,” he says.

 ?? BARRY GRAY HAMILTON SPECTATOR FILE PHOTO ?? Const. Jeff Todoruck, pictured, was convicted of a number of charges, including unlawful or unnecessar­y exercise of authority.
BARRY GRAY HAMILTON SPECTATOR FILE PHOTO Const. Jeff Todoruck, pictured, was convicted of a number of charges, including unlawful or unnecessar­y exercise of authority.
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