Complaints against police will soon be investigated with a greater arms-length separation from police, meaning police will no longer be investigating police.
This is one highlight of what Greater Sudbury Police Service Chief Paul Pedersen described as a “transformational change” in legislation soon taking effect.
The Community Safety and Policing Act was passed by the Government of Ontario on March 19, 2019, and finally comes into play on April 1 following several years of public consultation.
The Community Safety and Policing Act takes effect on April 1, affecting police organizations throughout the province..
The Act’s wide-reaching changes will affect approximately 60 Greater Sudbury Police Service procedures, Pedersen told Sudbury.com this week, describing them as a means of improving public trust in police and modernizing language.
“There were delays in the current system that not only caused confusion ... (but also) created anxiety on the parts of all involved,” including both community members and police staff, Pedersen said, adding that he hopes the changes will create “a more nimble system.”
Although broad in scope, the Act’s provisions which allow chiefs of police to suspend members without pay under certain circumstances has gained the most headlines.
Under section 210 of the act, chiefs are able to suspend police officers who have been convicted of an offence and sentenced to a term of imprisonment (even if the conviction or sentence is under appeal), if an officer is released on bail and the conditions interfere with their duties, and if the officer is charged with a “serious offence” and the chief has sought to terminate their employment in relation to the events that led to the charges.
Pedersen said neither the first two situations have taken place in recent GSPS history, and that he’s uncertain as to whether the third scenario would apply.
“The issue we have, and I think our officers and association have ... is what’s the definition of serious?” Pedersen said. “It’s open for interpretation, and I don’t think that’s of benefit to anybody, I hope that it becomes clear.”
With this ambiguity thrown into the mix, Pedersen said it’s difficult to guess how many situations like this might have taken place in his 10 years as chief of GSPS.
Another highlight within the omnibus Act are changes to how police are policed.
The focus will be more on third-party investigations rather than police policing their own.
When it comes to complaints against police, he said there are only so many Office of the Independent Police Review Director (OIPRD) investigators available and that responsibility occasionally falls to local investigators.
“The OIPRD retains control of that investigation, has oversight over that investigation and ensures there’s no bias and it was an objective investigation,” Pedersen said. “Despite that, there are still some concerns that the police are investigating the police.”
Hearing officers part of discipline hearings are retired police officers, which some have viewed as a conflict. The Act would put in place judiciaries who have never worked as police officers.
“I think what I’m seeing in here is a real emphasis to try and create arms-length distance from the police investigating the police and passing judgment on the police,” Pedersen said.
“I look forward to it coming out and I hope that it modernizes a lot of the old-fashioned language in the previous act, and at the end of the day it’s all about building trust and confidence in policing.”
In 2022, there were 49 formal complaints lodged by civilians against GSPS, of which the vast majority were dismissed or withdrawn. Police ended up taking action on two of them at latest update (nine were under investigation).
“We do about 56,000 calls for service per year, we issue about 4,500 traffic tickets a year, we arrest almost 6,000 people per year, so not all those situations are situations where we’re seeing the public under great circumstances,” Pedersen told the local police board when the complaints from 2022 were highlighted.
Under the Community Safety and Policing Act, complaints of this nature would be investigated by a third-party separate from GSPS rather than having the OIPRD offer third-party oversight to a police investigation.
Although the start date is April 1, Pedersen said they’ve been given assurance from the Ministry of the Solicitor General that there will be additional time to fully implement the changes.
Update at 9 a.m. March 27, 2024: The Police Association of Ontario responded to Sudbury.com's inquiry after this story was initially published, with the following:
“The Police Association of Ontario believes the new rules strike a good balance. Any decision to suspend an officer without pay – or any worker for that matter – must always strike a balance between the public interest and a worker’s right to fair due process with their employer.
When the public sees a really serious case potentially involving a police officer, we understand the public's expectation that the member is not going to continue to be on the payroll. As it relates to other cases, workers deserve protection from unjust discrimination and punishment from their employer and the opportunity for any claim to be investigated. As a union, we want to protect the rights of workers to not be punished unduly and still be able to make their bills while the situation is being looked at.
We’re happy that this process under new rules will be fairer. Currently, a police chief appoints an investigator to probe alleged misconduct, hires the prosecutor, and hires the adjudicator – making it feel like the deck is stacked against a member from the beginning. The new law creates an arm's-length, independent body to conduct adjudication hearings, making it fairer for the worker throughout the process. Another provision in the Act makes it so these processes move more quickly instead of being stalled.
The PAO will continue to advocate for our members to have fair and timely processes, one that is balanced in our role of protecting our communities and our workers.”
Tyler Clarke covers city hall and political affairs for Sudbury.com.
