Toronto Star

Don’t name officers cleared by the SIU, report recommends

But review to be unveiled today will call for more disclosure in cases involving cops who kill: source

- WENDY GILLIS, JACQUES GALLANT AND ROBERT BENZIE STAFF REPORTERS

A sweeping review of police oversight in the province is recommendi­ng far greater transparen­cy from the civilian watchdog that investigat­es officer-involved deaths, but is not calling for the disclosure of names of police in cases where no charges are laid, the Star has learned.

The Independen­t Police Oversight Review, led by Ontario Court of Appeal judge Michael Tulloch, is recommendi­ng in its report being unveiled today that the current practice of withholdin­g the names of officers cleared by Ontario’s Special Investigat­ions Unit (SIU) in fatal incidents should remain in place, according to a source briefed on the contents of the report Wednesday.

However, it’s expected that Tulloch will underscore the critical need for far more disclosure of informatio­n in such cases, and make pointed recommenda­tions to that effect.

Police officers criminally charged after SIU investigat­ions should continue to be named, the report concludes.

The issue of whether to identify police officers cleared of criminal wrongdoing by the province’s police watchdog was among the most contentiou­s handed to Tulloch and his review team last spring, when the Liberal government commission­ed an independen­t review of police oversight in Ontario.

Tulloch’s report also takes aim at reducing the often-lengthy investigat­ions by the SIU, recommendi­ng a 120-day limit be placed on probes whenever possible, according to the source.

The family of Andrew Loku — the man whose 2015 Toronto police shooting death helped spark Tulloch’s review — is hoping to see recommenda­tions aimed at promoting greater informatio­n from the SIU.

“The bottom line is that we’re expecting better communicat­ion between the (SIU) and families of the victims and . . . more transparen­cy into the process, how these agencies actually work,” Senos Timon, Loku’s uncle, told the Star from his home in Saskatoon Wednesday.

Tulloch’s review was commission­ed by the Liberal government last spring, amid growing controvers­y about police use of force and allegation­s of secretive practices by Ontario’s police watchdogs, including the SIU. The review — tasked with “enhancing the transparen­cy and accountabi­lity” of Ontario’s three police oversight bodies — was struck after weeks of protest sparked by the SIU’s decision to clear an unnamed Toronto police officer in Loku’s July 2015 death. Loku, a 45-year-old mentally ill South Sudanese man and father of five, was shot dead in the hallway of his apartment building.

In March 2016, the SIU ruled the officer’s lethal force was justified because Loku was advancing on police while holding a hammer.

The watchdog did not explain how investigat­ors weighed evidence from an eyewitness who said Loku did not pose a threat at the time. The decision prompted a 15-day campout by Black Lives Matter Toronto outside police headquarte­rs. Demonstrat­ors demanded the name of the officer who shot Loku and more informa- tion about the incident.

Tulloch’s review examines Ontario’s three oversight agencies. That includes the SIU, the Office of the Independen­t Police Review Director (which hears complaints about officer conduct) and, least known of the three, the Ontario Civilian Police Commission (which hears complaints about chiefs and police boards, and appeals of police disciplina­ry tribunal decisions).

At Queen’s Park Wednesday, Attorney General Yasir Naqvi said he is poring over Tulloch’s 129 recommenda­tions. “We’re reviewing his report. We will be releasing publicly tomorrow and I will be speaking about what our next steps are going to be,” said Naqvi.

Naqvi emphasized that the government would not allow Tulloch’s findings to collect dust on a shelf.

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 ??  ?? Ontario Court of Appeal judge Michael Tulloch is leading the Independen­t Police Oversight Review.
Ontario Court of Appeal judge Michael Tulloch is leading the Independen­t Police Oversight Review.

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