Toronto out of step

When police officers are called on to testify in criminal cases, their credibility is paramount. With an accused person’s freedom hanging in the balance, judges need to be confident that the officers haven’t been charged with misconduct or an offence that might have a bearing on the evidence they give.

Indeed the Supreme Court has ruled that when information about an officer’s disciplinary record is relevant to the case, it should be disclosed to the Crown and shared with the defence. Generally, it is. But there are exceptions.

Just last year Justice Jane Kelly of Ontario’s Superior Court faulted a Toronto constable for failing to comply with his obligation to disclose the full details of his record, which included insubordination and discreditable conduct.

Instead, he submitted a “materially misleading,” watered-down document that had a negative impact on his credibility and the reliability of his evidence, Kelly found. The case involved gun, knife and marijuana charges.

That should have been a red flag to Chief Mark Saunders and the Toronto Police Service that the days of do-it-yourself misconduct reports, like those of the buggy whip, are numbered. The Ontario Provincial Police and forces in Peel, York, Halton and Durham all have moved with the times. Their professional standards units or specialized officers prepare and vet the reports, which are commonly kept in computerized databases.

But as the Star’s Betsy Powell reports, Toronto is hanging back. The police services board has just chosen to stick with the status quo, endorsing Saunders’ view that the system works, Crown attorneys haven’t raised concerns, and the police budget and staff are better used “for other purposes.” Mayor John Tory feels that pressure to reform the system “looks like a solution in search of a problem.” Really? At a time mistrust of the police is an issue, in the wake of the G20 mass arrests and recent shootings?

As the Star wrote when Kelly criticized the Toronto officer, judges and defence attorneys should not have to wonder whether an officer has sanitized a checkered history or whether the Crown is sufficiently alert to potential problems.

The Toronto police should clean up their act and adopt the “best practices” that other forces have.