Toronto Star

Give police watchdog teeth

-

If you were caught tampering with a law-enforcemen­t investigat­ion, you would probably end up in jail. Yet, as the Star’s Wendy Gillis reported on Monday, the same isn’t necessaril­y true for police in Ontario. It’s a persistent and troubling failure of accountabi­lity that the province should move quickly to redress.

Whenever a clash between police and civilians leads to death, serious injury or allegation­s of sexual assault, Ontario’s Special Investigat­ions Unit is supposed to step in. Yet, as Gillis reports, police do not always let the SIU know about such incidents in a timely manner nor do they always live up to their legal duty to co-operate with the watchdog once it is involved.

In fact, as former Ontario ombudsman and SIU head André Marin told the Star, the law meant to safeguard the SIU’s independen­ce is “continuall­y and regularly ignored by police services with impunity.”

Through a Freedom of Informatio­n request, the Star obtained a cache of letters sent from the SIU director to the Toronto police chief between 2013 and 2016. Twelve of them point to separate incidents in which officers violated their legislated obligation to co-operate with the agency.

In one case, it took police more than four years to alert the SIU to a civilian’s serious wrist injury. This created an “evidentiar­y vacuum,” wrote SIU director Tony Loparco to Toronto police chief Mark Saunders, which “effectivel­y denied . . . the broader public the benefit of a thorough investigat­ion into serious allegation­s of police misconduct.”

In another case, then-acting SIU director Joseph Martino alleged that officers threatened to undermine the integrity of an investigat­ion by attempting to access and copy security footage before civilian investigat­ors arrived on the scene. This would seem to be part of a larger pattern. The same concern was raised in the SIU report on the shooting death of Andrew Loku.

These and other cases of apparent uncooperat­iveness or active interferen­ce with the agency’s investigat­ions are deeply disturbing, not least because there is little the SIU can do about them other than complain. Police have no obligation to respond to concerns raised by the watchdog, and it is the Toronto Police Service’s explicit policy not to do so in writing.

In their defence, Toronto police say they investigat­e “each and every comment” made in SIU letters, but these investigat­ions are neither independen­t nor reliably transparen­t. As Marin has observed before, the public impression is that “the police service simply shrugs and that’s the end of it.”

That’s not good enough. In 2014-15, a mere 5.1per cent of the cases referred to the SIU resulted in charges, a rate no doubt driven down by police recalcitra­nce. As Ontario looks to revise the Ontario Police Services Act and continues its review of police watchdogs, it should give the SIU the tools it needs to do its important work.

In particular, the province should heed the longstandi­ng call of critics and give the watchdog the power to compel police to cooperate with its investigat­ions. Moreover, it should change the law to establish stiffer consequenc­es, including possible jail time, for officers who interfere with SIU investigat­ions.

The mandate of the SIU is “to maintain confidence in Ontario’s police services by assuring the public that police actions resulting in serious injury, death or allegation­s of sexual assault are subjected to rigorous, independen­t investigat­ions.” This intended function is clearly crucial, yet in its current form, the watchdog can’t succeed. It’s time the province gave it some teeth.

Cases of apparent uncooperat­iveness or interferen­ce with the SIU’s investigat­ions are deeply disturbing

Newspapers in English

Newspapers from Canada