In June, the government appointed the Hon. Patrick J. LeSage, Q.C., former Chief Justice of the Superior Court of Ontario, to review the system by which citizens may complain about the services provided by police or the conduct of police officers. The Police Act was last changed in 1997. The system has suffered a credibility and transparency problem ever since. The complaint system is at the heart of public confidence in police. It’s also important for the police themselves because they rely on ready cooperation from the public in performing their job.

The following suggestions would go a long way to enhancing that confidence:

• The biggest weakness of the current system, - that complainants must complain to, and accept that their complaints will be examined by, the very organization about which they are complaining – must be changed. Complaints administration should be taken from the Chief’s responsibility and made a responsibility of the local Police Services Board.

• Appeals of proposed complaint resolutions could be made to the local Board. Should the local Board decision prove unacceptable, a second level appeal would be referred to OCCOPS – the Ontario Civilian Commission on Police Services.

• The current system should be simplified. It’s now complicated because complaints must be classed as regarding either (a) the policies or services provided by the police force or (b) officer conduct. This leads to different appeal streams, serves no useful purpose and can lead to confusion for everyone. Unnecessary and distracting problems arise when one incident results in complaints falling into both categories, or complaints are worded in such a way that causes incorrect classification.

• The Act should allow for the submission of a complaint to the local Board. Currently, complaints must be filed at a police station or sent to the Chief. An alternative does exist but it is to OCCOPS, not to the local Board. Simple reception of a complaint at a Board meeting has the potential for diffusing a tense situation and, properly handled, need not compromise the Board’s role in the complaints process downstream.

• Boards need a monitoring tool if they are to set appropriate local policies with respect to complaints resolution or possibly avoiding the type of complaint in the first instance. The Act should require Boards to receive brief summaries of all complaints and their resolution. Such reports should be in the public domain. Privacy concerns may be addressed by removing individual identifiers. It is important that the nature of the complaint and its disposition be clear. Policies are not created in a vacuum but rather proceed from the specific to the general.

• More emphasis should be given to ensuring that Board members truly understand their crucial oversight role. Training is far from adequate. The training that occurs does not focus on, or stress, the importance of maintaining an arms length oversight relationship and independence of the Board from the Police Service.

None of these changes would require the expenditure of additional moneys.

Prior to 1997, Ontario was considered a world leader in the matter of dealing with police complaints. Re-instating the provincial ‘Office of Police Complaints Commissioner’ could reclaim that leadership position. Its major failing was that complaints took too long to resolve. Correcting this would require more resources than are currently provided and probably more resources than was previously allocated. I have little expectation that this would find favour within the current political climate. Curiously, there would appear to be nothing preventing the current OCCOPS from filling this former function, apart from the resource question. Its mandate, interpreted broadly, and with few modifications, would appear to encompass the roles of the former “Office of the Complaints Commissioner”. The six modifications of the Police Act suggested above could have almost the same result, as restoring the Complaints Commissioner, yet at no additional cost or overhead. They would immeasurably increase the credibility of the complaints system over the current situation and enhance the role of local Police Services Boards.

My years on the Board of the Ottawa Police Services were an enriching and positive experience. It was a privilege to contribute to an important and stabilizing element of our society. My ongoing interest in the field is a result of the consideration that I have for the officers, men and women, who are charged with one of the most difficult roles in a modern society. We are fortunate, in this country, to have a high standard of excellence amongst our law enforcement officials. It would be unfortunate if that led us into complacency.

Jacques Legendre
Councillor
Rideau-Rockcliffe