Ministry pulls support at hearing looking into whether officers break the law
Source: Toronto Star
Attorney General Chris Bentley is being accused of bowing to police pressure following a last-minute decision to pull ministry support from a controversial court case, which will rule whether officers routinely break the law when dealing with the Special Investigations Unit.
Four lawyers, including one of the ministry’s most senior counsel, had been representing SIU director Ian Scott in the proceedings. But late Wednesday, just hours before the hearing was scheduled to begin, the SIU – an arm’s length branch of the ministry – was told to find its own representation. The SIU investigates when a civilian is seriously injured or killed by a police officer.
MPP Peter Kormos, NDP critic for Community Safety and Correctional Services, said it looks as though the Attorney General is succumbing to police pressure.
“Something is seriously amiss here and it should be disturbing to everyone. The police seem to be able to call the shots with respect to the ministry of the attorney general,” he said.
The ministry did not respond to an interview request.
Scott has asked a judge to find that OPP officers and Commissioner Julian Fantino violated a section of the police act pertaining to SIU probes.
In court filings, he has called for an end to the longstanding practice of officers having their notes and comments vetted by a police union lawyer before being interviewed by the SIU. He has also taken issue with the fact that often one lawyer represents all the officers involved, including witnesses. Because lawyers are legally obligated to share information, Scott has argued police officers are not properly being segregated.
The case, which was launched by the families of two mentally-ill men killed by OPP officers last summer, is significant because although it is focusing on these two incidents, the practice of note vetting is common across the province. If the judge agrees with Scott, it will have widespread ramifications for Ontario’s police community.
Early Wednesday, just hours before the lawyers were removed, OPP union president Karl Walsh sent out an internal memo blasting the SIU and “assistance of the Ministry of the Attorney General.”
“We will not be treated as second-class citizens and demand that the established protections already in place not are tampered with.,” Walsh wrote. “I ask that you pay particular attention to this issue and encourage you to let your elected representatives know about this unwarranted challenge to our rights and our integrity.”
The memo also revealed that the OPP union, Toronto police union, Police Association of Ontario and the Ontario Association of Chiefs of Police have pooled legal resources to fight the application.
Earlier this week, Bentley said that the ministry had not taken a position on the issue, but behind-closed doors, the police community had expressed anger over the legal support of the SIU.
Toronto Police Association President Mike McCormack said the move has nothing to do with police pressure. Ministry of the Attorney General lawyers were representing both the SIU and Fantino in the case.
“So there’s an obvious conflict there, this is the right move,” he said.
Kormos countered that the OPP and Fantino are actually part of the solicitor general’s ministry, so if anything, the conflict is with the commissioner.
“It’s very peculiar. The SIU is a part of the Attorney General’s office. It seems to me that the Ministry of the Attorney General should be representing its own body,” he said.
critter cartoon
Thursday, May 13, 2010
Wednesday, May 12, 2010
Chief will discipline police if warranted
Source: The SpecMay 12, 2010
Nicole O'Reilly
Hamilton Police Chief Glenn De Caire said he has not launched an internal investigation in to what happened the night Po La Hay was mistakenly arrested because it could compromise any assessment by the Office of the Independent Police Review Director.
But he is prepared to take disciplinary measure if warranted upon the recommendation of the OIPRD — a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario.
And he said that he has already asked another department to investigate if the agency takes no action.
Speaking at a press conference this morning, he said he has not spoken with nor would it be inappropriate to speak with the officers involved in the incident last Tuesday that left the 58-year-old Karen refugee bruised and bleeding.
These officers have not been identified.
The complaint laid in the Hay’s case came from the public and the chief would not say how long after the incident he learned about the complaint to OIPRD. It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted.
At the press conference De Caire repeated the efforts the police have made to reach out to Hay, the Karen community and immigrant and refugee representatives since the incident.
Statement by Hamilton Police Chief Glenn De Caire
Today, I would like to provide a summary of the activity that has taken place related to the incident that resulted in the injuries to Mr. Po La Hay.
You are already aware that officers completed a search warrant entry and that entry turned out to be into the wrong apartment of an address here in Hamilton.
I am unable to address the issue of what took place within the apartment at this time as this is the subject of investigation and when that investigation is complete, I will be in a position to report on the findings.
On the night of the incident, realizing Mr. Hay was injured, Hamilton Police contacted the ambulance and provided assistance to Mr. Hay which included escorting him to hospital, transporting his family to be with him and arranging for interpreter services. Police remained with him until his discharge and safely transported him home.
Shortly after the incident, I directed members of the Service to attend the family residence and to set up a meeting with Mr. Hay, his family and myself. We were respectful of his desire to utilize members of the local church to assist in setting that meeting up. We were also respectful of his request that he not meet with me but that we meet with his two adult children. At the request of the family, this meeting took place here at Central. I did meet with the community representatives from the church and the two adult children of Mr. Hay and an interpreter.
I offered my apology and a commitment to meet with Mr. Hay, at a time and place, where he was comfortable. My commitment to meet with him in person and to apologize directly has never changed however the meeting has not taken place, again respecting his wishes.
I further met with the community last Thursday night and the media on Friday morning. I have spoken to the family, community representatives, and the media.
Hamilton Police Victim Services was notified and has been providing ongoing support and working with the family and the Karen Community.
At the same time, I directed our investigative staff to commence securing all related reports and evidence, knowing that this case must be investigated and that evidence preserved.
The level of injury that would require a notification of the Provincial Special Investigations Unit was not met and the Service did speak with the SIU and advised them of the known medical information. The SIU has not invoked its mandate.
The Service is aware of the need to investigate this matter, review and report the findings and to take corrective actions, which may include discipline, to ensure that we do not have this happen again.
I am informed that a complaint has been filed with the Office of the Independent Police Review Director which gives primacy in the investigation to that office. We will respect that process. We are awaiting notification of the Director’s position related to the investigation.
I am also aware and support the need for an independent review of this matter. In the event that the Independent Review Director does not decide, after initial review, to maintain carriage of this and investigate, I have already made arrangements to initiate an investigation by another police service.
We have received notification that Mr. Hay is represented by counsel and that notice requires us to deal with counsel in any and all discussions related to the case. We have been in contact with Mr. Hay’s lawyer and we will continue to respect his wishes to communicate through counsel.
I am very mindful of the impact this has had on the wider Karen and other community members and will ensure immediate and ongoing work to repair and foster healthy bridge-building between the police and the Karen and wider community.
We realize this will take time. We are committed to this work which we began in 2008 shortly after the first arrival of Karen community members in our city. We held four separate sessions with the Karen community in that year providing basic awareness information relating to police in Canada.
We continued in 2009 and have already held one session in conjunction with SISO in 2010.
We will continue this critical and necessary dialogue towards enhancing trust and fostering healthy relations.
Nicole O'Reilly
Hamilton Police Chief Glenn De Caire said he has not launched an internal investigation in to what happened the night Po La Hay was mistakenly arrested because it could compromise any assessment by the Office of the Independent Police Review Director.
But he is prepared to take disciplinary measure if warranted upon the recommendation of the OIPRD — a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario.
And he said that he has already asked another department to investigate if the agency takes no action.
Speaking at a press conference this morning, he said he has not spoken with nor would it be inappropriate to speak with the officers involved in the incident last Tuesday that left the 58-year-old Karen refugee bruised and bleeding.
These officers have not been identified.
The complaint laid in the Hay’s case came from the public and the chief would not say how long after the incident he learned about the complaint to OIPRD. It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted.
At the press conference De Caire repeated the efforts the police have made to reach out to Hay, the Karen community and immigrant and refugee representatives since the incident.
Statement by Hamilton Police Chief Glenn De Caire
Today, I would like to provide a summary of the activity that has taken place related to the incident that resulted in the injuries to Mr. Po La Hay.
You are already aware that officers completed a search warrant entry and that entry turned out to be into the wrong apartment of an address here in Hamilton.
I am unable to address the issue of what took place within the apartment at this time as this is the subject of investigation and when that investigation is complete, I will be in a position to report on the findings.
On the night of the incident, realizing Mr. Hay was injured, Hamilton Police contacted the ambulance and provided assistance to Mr. Hay which included escorting him to hospital, transporting his family to be with him and arranging for interpreter services. Police remained with him until his discharge and safely transported him home.
Shortly after the incident, I directed members of the Service to attend the family residence and to set up a meeting with Mr. Hay, his family and myself. We were respectful of his desire to utilize members of the local church to assist in setting that meeting up. We were also respectful of his request that he not meet with me but that we meet with his two adult children. At the request of the family, this meeting took place here at Central. I did meet with the community representatives from the church and the two adult children of Mr. Hay and an interpreter.
I offered my apology and a commitment to meet with Mr. Hay, at a time and place, where he was comfortable. My commitment to meet with him in person and to apologize directly has never changed however the meeting has not taken place, again respecting his wishes.
I further met with the community last Thursday night and the media on Friday morning. I have spoken to the family, community representatives, and the media.
Hamilton Police Victim Services was notified and has been providing ongoing support and working with the family and the Karen Community.
At the same time, I directed our investigative staff to commence securing all related reports and evidence, knowing that this case must be investigated and that evidence preserved.
The level of injury that would require a notification of the Provincial Special Investigations Unit was not met and the Service did speak with the SIU and advised them of the known medical information. The SIU has not invoked its mandate.
The Service is aware of the need to investigate this matter, review and report the findings and to take corrective actions, which may include discipline, to ensure that we do not have this happen again.
I am informed that a complaint has been filed with the Office of the Independent Police Review Director which gives primacy in the investigation to that office. We will respect that process. We are awaiting notification of the Director’s position related to the investigation.
I am also aware and support the need for an independent review of this matter. In the event that the Independent Review Director does not decide, after initial review, to maintain carriage of this and investigate, I have already made arrangements to initiate an investigation by another police service.
We have received notification that Mr. Hay is represented by counsel and that notice requires us to deal with counsel in any and all discussions related to the case. We have been in contact with Mr. Hay’s lawyer and we will continue to respect his wishes to communicate through counsel.
I am very mindful of the impact this has had on the wider Karen and other community members and will ensure immediate and ongoing work to repair and foster healthy bridge-building between the police and the Karen and wider community.
We realize this will take time. We are committed to this work which we began in 2008 shortly after the first arrival of Karen community members in our city. We held four separate sessions with the Karen community in that year providing basic awareness information relating to police in Canada.
We continued in 2009 and have already held one session in conjunction with SISO in 2010.
We will continue this critical and necessary dialogue towards enhancing trust and fostering healthy relations.
SIU wasn't called after Hay's arrest
Source: The SpecMay 12, 2010
Nicole O'Reilly
The Hamilton Spectator
(May 12, 2010)
Hamilton police did not contact the Special Investigations Unit, a provincial police watchdog, after the mistaken arrest of Po La Hay, who lay bleeding after police stormed into his apartment last week.
The SIU contacted Hamilton police after the ordeal of the 58-year-old Karen refugee from Myanmar was reported in local media more than a day after the incident, said SIU spokesperson Monica Hudon.
But the unit, which investigates incidents involving police that lead to death or serious injury, determined that Hay's cuts, bruises and suspected broken rib did not meet the "serious injury" threshold needed to launch an investigation.
Legal experts, however, contend the SIU's definition of serious injury is not clear and police should have contacted the provincial body.
"It seems definite that the Hamilton police should have called the SIU," said Peter Rosenthal, a Toronto lawyer who has dealt with several cases involving victims killed by police, invoking the SIU's mandate.
He described Hay's injuries as "close to the border" of the how the SIU defines serious injury.
In its formal definition on its website, the SIU says "serious injury shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull."
Because Hay's injuries fall into a "grey area," Rosenthal said, police should have called and "let the SIU make the decision."
Hamilton police contend "the injury threshold was not met," said spokesperson Catherine Martin. If there is new medical information, she said, they will contact the SIU.
Police Chief Glenn De Caire could not be reached for comment. Martin said he is awaiting a decision by the Office of the Independent Police Review Director (OIPRD) and is committed to meeting with Hay.
Representatives for Hay met with police following the incident in which police went to the wrong apartment looking for a 35-year-old drug dealer. Hay has said he is too fearful to meet with police.
The OIPRD is a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario. The complaint laid in the Hay case came from the public.
It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted. An SIU investigation can result in criminal charges.
"When a citizen complains to an ombudsman-like organization, that should not preclude a proper investigation," said top Toronto criminal lawyer John Rosen, who sometimes works in Hamilton.
The OIPRD complaint provides the excuse to do nothing, he said. He was surprised the chief has not launched an internal investigation .
"The problem with the (SIU) mandate is that death is pretty clear, but serious injury is subjective," Rosen said, adding he would rather see one provincial oversight body that investigates any injury.
noreilly@thespec.com
905-526-3199
Nicole O'Reilly
The Hamilton Spectator
(May 12, 2010)
Hamilton police did not contact the Special Investigations Unit, a provincial police watchdog, after the mistaken arrest of Po La Hay, who lay bleeding after police stormed into his apartment last week.
The SIU contacted Hamilton police after the ordeal of the 58-year-old Karen refugee from Myanmar was reported in local media more than a day after the incident, said SIU spokesperson Monica Hudon.
But the unit, which investigates incidents involving police that lead to death or serious injury, determined that Hay's cuts, bruises and suspected broken rib did not meet the "serious injury" threshold needed to launch an investigation.
Legal experts, however, contend the SIU's definition of serious injury is not clear and police should have contacted the provincial body.
"It seems definite that the Hamilton police should have called the SIU," said Peter Rosenthal, a Toronto lawyer who has dealt with several cases involving victims killed by police, invoking the SIU's mandate.
He described Hay's injuries as "close to the border" of the how the SIU defines serious injury.
In its formal definition on its website, the SIU says "serious injury shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull."
Because Hay's injuries fall into a "grey area," Rosenthal said, police should have called and "let the SIU make the decision."
Hamilton police contend "the injury threshold was not met," said spokesperson Catherine Martin. If there is new medical information, she said, they will contact the SIU.
Police Chief Glenn De Caire could not be reached for comment. Martin said he is awaiting a decision by the Office of the Independent Police Review Director (OIPRD) and is committed to meeting with Hay.
Representatives for Hay met with police following the incident in which police went to the wrong apartment looking for a 35-year-old drug dealer. Hay has said he is too fearful to meet with police.
The OIPRD is a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario. The complaint laid in the Hay case came from the public.
It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted. An SIU investigation can result in criminal charges.
"When a citizen complains to an ombudsman-like organization, that should not preclude a proper investigation," said top Toronto criminal lawyer John Rosen, who sometimes works in Hamilton.
The OIPRD complaint provides the excuse to do nothing, he said. He was surprised the chief has not launched an internal investigation .
"The problem with the (SIU) mandate is that death is pretty clear, but serious injury is subjective," Rosen said, adding he would rather see one provincial oversight body that investigates any injury.
noreilly@thespec.com
905-526-3199
SIU calls OPP, Fantino conduct illegal
Source: CBC.CA
Ontario's top police watchdog is accusing Ontario Provincial Police Commissioner Julian Fantino and a number of his officers of breaking the law by failing to properly co-operate with probes into two separate fatal OPP shootings last summer.
Ian Scott, director of the Special Investigations Unit, accuses Fantino of failing to ensure officers promptly notified the SIU of one case last June. In a second incident, Scott accuses Fantino of failing to ensure officers were properly segregated by allowing them to consult the same lawyer and to prepare two sets of notes — only submitting a final version of events vetted by their lawyer.
In an unprecedented step, Scott, with the signed backing of four lawyers from Ontario’s Ministry of the Attorney General, is siding with the two grieving families.
They together head to court on Thursday to ask a judge to rule that Fantino and his officer broke regulations and the Ontario Police Services Act in their interaction with the SIU.
Family decries OPP delay in calling SIU
Diane Pinder's mentally disabled brother, 59-year-old Douglas Minty, was shot five times by an OPP officer in Elmvale, Ont., on June 22, 2009.
Minty had become agitated as the result of a visit from a door-to-door salesman, and police were called to the house.
"My brother was very loved. He did not deserve this tragic end to his life," Pinder told CBC News. "We are looking for answers as to why this had to happen … and the answers that we've got … some of them have been unbelievable."
The SIU report on the incident concluded a single officer shot Minty five times after he wielded a small utility knife with a 2.5-inch blade. His family is suspicious of this account because the knife found at the scene had its blade retracted in a closed position.
More importantly, the Minty family questions why the OPP took one hour and 23 minutes to alert the SIU. During that time, however, OPP did call in supervisors, a media relations spokesperson and a lawyer from the Ontario Provincial Police Association. The OPP even took two key eyewitnesses away for a debriefing before alerting the SIU to take charge of the scene around the police shooting.
"The scene is in essence tainted. That is not the way it's supposed to work," said the Minty family's lawyer, Julian Falconer. He filed the application that has won support from the SIU and the ministry lawyers asking for a ruling on the conduct of the OPP.
"The commissioner has a personal responsibility to ensure immediate notification so that investigators can do their job," Falconer told CBC News. "How could the family in the Minty shooting have any confidence in what these police officers have done when these kinds of shenanigans happen after the shooting?"
Questions about OPP notes in 2nd shooting
Ruth Schaeffer is a grieving mother who is also part of the court fight against the OPP commissioner. Her son, Levi Schaeffer, 30, who suffered from schizoaffective panic and personality disorder, set off last spring on a bicycle trip from Peterborough, Ont., to Pickle Lake in northwestern Ontario.
On June 24, 2009, he was camping near Osnaburgh Lake when he got into an altercation with the OPP, which resulted in an officer shooting twice and killing Schaeffer.
His mother told CBC News she has been denied "any proper or believable answers" about what happened.
The only two witnesses were the two OPP officers, who, after the SIU began investigating, despite rules demanding they be segregated, both hired the same lawyer.
They both prepared two sets of notes. The first set was supplied to their lawyer for review and were never disclosed to the SIU. Based on those, the two officers then prepared a second set of notes as their official "police memo book" record of events which they did hand over to SIU investigators.
"The idea that an officer would maintain two sets of notes … one that his lawyer sees and provides input on and a second that is provided to investigators simply is unacceptable," said Falconer, who is also representing Schaeffer's family. "This does nothing but fosters suspicions."
In September 2009, the SIU director concluded that in this case, "this note-writing process flies in the face of two main indicators of reliability of notes: independence and contemporaneity." As a result, Scott concluded he could not reach any reasonable conclusions about what actually happened the day Schaeffer was shot and killed.
Scott has written a number of times to complain to Fantino about the use of a single lawyer to represent numerous officers during SIU probes, given that police chiefs and the commissioner are duty bound by the Police Services Act to ensure officers are segregated when identified by the SIU as either subject or witness officers in a serious incident.Fantino refused comment to the CBC while the case is before the courts. But in a Sept. 30, 2009, letter to Scott now included in the court record, Fantino denied any dereliction of his duties.
"Your position as director of the SIU grants you no authority over how police notes are prepared," Fantino scolded. "Direction in that regard comes from a complex interaction of the police service's policies and procedures, legislative requirements and the charter rights of all citizens."
NDP calls on Fantino to resign
Controversy over police co-operation has dogged the SIU since the agency's inception in 1990. Two reports by former judge George Adams identified the need for reviews.
In 2008, Ontario Ombudsman Andre Marin (a former SIU director himself) called for a ban on the use of a single lawyer representing multiple officers "avoiding any potential for witness information to be tainted or tailored, intentional or otherwise."
But the court case this week marks a new point in the fierce fight over police accountability, said NDP justice critic Peter Kormos.
"We have a very peculiar, unprecedented scenario where Ministry of the Attorney General's lawyers say the OPP commissioner Fantino broke the law in the course of an SIU investigation," Kormos told CBC News. "It is remarkable and it cries out for Fantino’s resignation."
Lawyers who represent police officers involved in SIU investigations say the practice of representing multiple officers and the use of two sets of officers' notes is a long-standing one.
"It's a tempest in a bad teapot and a waste of judicial resources," said Gary Clewley, a Toronto-based lawyer who has defended police officers for decades.
Last summer, he published an advice article in the Hamilton police union's newsletter, writing, "I was tempted to have a pencil manufactured with the slogan 'shut the F up' embossed on it so that when police officers began to write their notes they would pause and first give me or their association a call."
Clewley categorically rejects ever coaching officers to change or invent stories in their official notes.
The case goes before a judge in a Toronto court on Thursday.
Ontario's top police watchdog is accusing Ontario Provincial Police Commissioner Julian Fantino and a number of his officers of breaking the law by failing to properly co-operate with probes into two separate fatal OPP shootings last summer.
Ian Scott, director of the Special Investigations Unit, accuses Fantino of failing to ensure officers promptly notified the SIU of one case last June. In a second incident, Scott accuses Fantino of failing to ensure officers were properly segregated by allowing them to consult the same lawyer and to prepare two sets of notes — only submitting a final version of events vetted by their lawyer.
In an unprecedented step, Scott, with the signed backing of four lawyers from Ontario’s Ministry of the Attorney General, is siding with the two grieving families.
They together head to court on Thursday to ask a judge to rule that Fantino and his officer broke regulations and the Ontario Police Services Act in their interaction with the SIU.
Family decries OPP delay in calling SIU
Diane Pinder's mentally disabled brother, 59-year-old Douglas Minty, was shot five times by an OPP officer in Elmvale, Ont., on June 22, 2009.
Minty had become agitated as the result of a visit from a door-to-door salesman, and police were called to the house.
"My brother was very loved. He did not deserve this tragic end to his life," Pinder told CBC News. "We are looking for answers as to why this had to happen … and the answers that we've got … some of them have been unbelievable."
The SIU report on the incident concluded a single officer shot Minty five times after he wielded a small utility knife with a 2.5-inch blade. His family is suspicious of this account because the knife found at the scene had its blade retracted in a closed position.
More importantly, the Minty family questions why the OPP took one hour and 23 minutes to alert the SIU. During that time, however, OPP did call in supervisors, a media relations spokesperson and a lawyer from the Ontario Provincial Police Association. The OPP even took two key eyewitnesses away for a debriefing before alerting the SIU to take charge of the scene around the police shooting.
"The scene is in essence tainted. That is not the way it's supposed to work," said the Minty family's lawyer, Julian Falconer. He filed the application that has won support from the SIU and the ministry lawyers asking for a ruling on the conduct of the OPP.
"The commissioner has a personal responsibility to ensure immediate notification so that investigators can do their job," Falconer told CBC News. "How could the family in the Minty shooting have any confidence in what these police officers have done when these kinds of shenanigans happen after the shooting?"
Questions about OPP notes in 2nd shooting
Ruth Schaeffer is a grieving mother who is also part of the court fight against the OPP commissioner. Her son, Levi Schaeffer, 30, who suffered from schizoaffective panic and personality disorder, set off last spring on a bicycle trip from Peterborough, Ont., to Pickle Lake in northwestern Ontario.
On June 24, 2009, he was camping near Osnaburgh Lake when he got into an altercation with the OPP, which resulted in an officer shooting twice and killing Schaeffer.
His mother told CBC News she has been denied "any proper or believable answers" about what happened.
The only two witnesses were the two OPP officers, who, after the SIU began investigating, despite rules demanding they be segregated, both hired the same lawyer.
They both prepared two sets of notes. The first set was supplied to their lawyer for review and were never disclosed to the SIU. Based on those, the two officers then prepared a second set of notes as their official "police memo book" record of events which they did hand over to SIU investigators.
"The idea that an officer would maintain two sets of notes … one that his lawyer sees and provides input on and a second that is provided to investigators simply is unacceptable," said Falconer, who is also representing Schaeffer's family. "This does nothing but fosters suspicions."
In September 2009, the SIU director concluded that in this case, "this note-writing process flies in the face of two main indicators of reliability of notes: independence and contemporaneity." As a result, Scott concluded he could not reach any reasonable conclusions about what actually happened the day Schaeffer was shot and killed.
Scott has written a number of times to complain to Fantino about the use of a single lawyer to represent numerous officers during SIU probes, given that police chiefs and the commissioner are duty bound by the Police Services Act to ensure officers are segregated when identified by the SIU as either subject or witness officers in a serious incident.Fantino refused comment to the CBC while the case is before the courts. But in a Sept. 30, 2009, letter to Scott now included in the court record, Fantino denied any dereliction of his duties.
"Your position as director of the SIU grants you no authority over how police notes are prepared," Fantino scolded. "Direction in that regard comes from a complex interaction of the police service's policies and procedures, legislative requirements and the charter rights of all citizens."
NDP calls on Fantino to resign
Controversy over police co-operation has dogged the SIU since the agency's inception in 1990. Two reports by former judge George Adams identified the need for reviews.
In 2008, Ontario Ombudsman Andre Marin (a former SIU director himself) called for a ban on the use of a single lawyer representing multiple officers "avoiding any potential for witness information to be tainted or tailored, intentional or otherwise."
But the court case this week marks a new point in the fierce fight over police accountability, said NDP justice critic Peter Kormos.
"We have a very peculiar, unprecedented scenario where Ministry of the Attorney General's lawyers say the OPP commissioner Fantino broke the law in the course of an SIU investigation," Kormos told CBC News. "It is remarkable and it cries out for Fantino’s resignation."
Lawyers who represent police officers involved in SIU investigations say the practice of representing multiple officers and the use of two sets of officers' notes is a long-standing one.
"It's a tempest in a bad teapot and a waste of judicial resources," said Gary Clewley, a Toronto-based lawyer who has defended police officers for decades.
Last summer, he published an advice article in the Hamilton police union's newsletter, writing, "I was tempted to have a pencil manufactured with the slogan 'shut the F up' embossed on it so that when police officers began to write their notes they would pause and first give me or their association a call."
Clewley categorically rejects ever coaching officers to change or invent stories in their official notes.
The case goes before a judge in a Toronto court on Thursday.
One town's fight with OPP...
Source:SHAWN JEFFORDS, THE OBSERVER
At times Jamie Hahn wondered last year if the Ontario Provincial Police was trying to bankrupt his town.
The mayor of St. Marys, Ont. could hardly believe it when the provincial service asked for a 38% budget increase for 2010, he said.
"We thought the increase was unreasonable and outrageous," Hahn told the The Observer.
St. Marys, a town of 6,400 near Stratford, disbanded it's municipal police service 15 years ago. It was an acrimonious process, but the move was made to save local taxpayers money, said Hahn, a 29-year council veteran.
And for the first two contracts, policing was good and the costs were stable, Hahn said.
"(Then OPP Commissioner Julian) Fantino took a hardline and that was that. The issue really caught fire here and we decided to become quite activist."
The OPP insisted the detachment needed an additional constable to meet minimum adequacy standards, driving up the total cost.
But Hahn said the numbers didn't add up. Inflation was low, the budget for vehicle maintenance and fuel was down, and the number of calls for police assistance had declined.
Hahn said the OPP appeared to believe St. Marys council and it police service board were "captive," with no other option but to absorb the increase and pass it on to taxpayers.
So the town examined the possibility of recreating its municipal police force. And it looked into some kind of partnership with the Stratford Police Service.
"I was born at night, but I wasn't born yesterday night," Hahn said. "I'd be tarred and feathered if we didn't look at alternatives."
Eventually, the town concluded it would cost $1.6 million to recreate the municipal service and talks with Stratford police broke down.
The town and OPP finally reached a compromise, lowering the police budget increase to 14%.
Hahn believes the OPP wouldn't have budged had the town not explored other options.
"If Rogers Cable came to you and said they were going to increase your bill by 38%, you'd be calling Bell to see what they're offering."
Hahn said until last year the town had good relations with the OPP and residents were happy with the service. Policing costs are rising across the province as the OPP moves to a model of full cost recovery from the municipalities it serves. But the model leaves some paying costs they can't afford, Hahn said.
"We're the customer, you're the contractor. What are you trying to do, bankrupt communities?"
Hahn said if Sarnia does disband its municipal force and switch to the OPP, it should also be prepared for officers to be seconded to other assignments.
A skilled sergeant at the In St. Marys detachment was reassigned to assist in the Banditos bikers investigation in St. Thomas. The officer was gone for months, yet the town was billed for 80 per cent of the officer's wages, he said.
"That didn't seem right. What the hell benefit was it for the town of St. Marys for our sergeant to be at the Banditos trial?
Hahn said he doesn't envy Sarnia council and the decision that lies before it. Despite St. Marys' struggles, he says Sarnia should continue with its OPP costing exercise. And if it makes fiscal sense the city should consider taking the plunge, he said.
"It's a tough decision. I'm sure there are a lot of struggling families in Sarnia. Council has to do what's best of them."
sjeffords@theobserver.ca
In part two Wednesday, reporter Shawn Jeffords explores Leamington's experience with the OPP.
Article ID# 2573169
At times Jamie Hahn wondered last year if the Ontario Provincial Police was trying to bankrupt his town.
The mayor of St. Marys, Ont. could hardly believe it when the provincial service asked for a 38% budget increase for 2010, he said.
"We thought the increase was unreasonable and outrageous," Hahn told the The Observer.
St. Marys, a town of 6,400 near Stratford, disbanded it's municipal police service 15 years ago. It was an acrimonious process, but the move was made to save local taxpayers money, said Hahn, a 29-year council veteran.
And for the first two contracts, policing was good and the costs were stable, Hahn said.
"(Then OPP Commissioner Julian) Fantino took a hardline and that was that. The issue really caught fire here and we decided to become quite activist."
The OPP insisted the detachment needed an additional constable to meet minimum adequacy standards, driving up the total cost.
But Hahn said the numbers didn't add up. Inflation was low, the budget for vehicle maintenance and fuel was down, and the number of calls for police assistance had declined.
Hahn said the OPP appeared to believe St. Marys council and it police service board were "captive," with no other option but to absorb the increase and pass it on to taxpayers.
So the town examined the possibility of recreating its municipal police force. And it looked into some kind of partnership with the Stratford Police Service.
"I was born at night, but I wasn't born yesterday night," Hahn said. "I'd be tarred and feathered if we didn't look at alternatives."
Eventually, the town concluded it would cost $1.6 million to recreate the municipal service and talks with Stratford police broke down.
The town and OPP finally reached a compromise, lowering the police budget increase to 14%.
Hahn believes the OPP wouldn't have budged had the town not explored other options.
"If Rogers Cable came to you and said they were going to increase your bill by 38%, you'd be calling Bell to see what they're offering."
Hahn said until last year the town had good relations with the OPP and residents were happy with the service. Policing costs are rising across the province as the OPP moves to a model of full cost recovery from the municipalities it serves. But the model leaves some paying costs they can't afford, Hahn said.
"We're the customer, you're the contractor. What are you trying to do, bankrupt communities?"
Hahn said if Sarnia does disband its municipal force and switch to the OPP, it should also be prepared for officers to be seconded to other assignments.
A skilled sergeant at the In St. Marys detachment was reassigned to assist in the Banditos bikers investigation in St. Thomas. The officer was gone for months, yet the town was billed for 80 per cent of the officer's wages, he said.
"That didn't seem right. What the hell benefit was it for the town of St. Marys for our sergeant to be at the Banditos trial?
Hahn said he doesn't envy Sarnia council and the decision that lies before it. Despite St. Marys' struggles, he says Sarnia should continue with its OPP costing exercise. And if it makes fiscal sense the city should consider taking the plunge, he said.
"It's a tough decision. I'm sure there are a lot of struggling families in Sarnia. Council has to do what's best of them."
sjeffords@theobserver.ca
In part two Wednesday, reporter Shawn Jeffords explores Leamington's experience with the OPP.
Article ID# 2573169
Sunday, May 9, 2010
Peel policeman killed in crash was speeding...
Investigators said Friday that Const. Artem (James) Ochakovsky was responding to a non-emergency call for assistance by another officer at the time of the crash.
A police officer doing 47km over the posted speed limit and not wearing a seat belt, not having the emergency lights activated(because it was a NON-emergency call)
Peel police Chief Mike Metcalf called Const. Ochakovsky an ideal recruit while many call him a hero...
If this was a civillian driver, I wonder what they would have been called...
Rest in Peace Officer Ochakovsky
A police officer doing 47km over the posted speed limit and not wearing a seat belt, not having the emergency lights activated(because it was a NON-emergency call)
Peel police Chief Mike Metcalf called Const. Ochakovsky an ideal recruit while many call him a hero...
If this was a civillian driver, I wonder what they would have been called...
Rest in Peace Officer Ochakovsky
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No more taxes after HST...I promise!
They had No Choice!
They wore these or I took away thier toys for 7 days!
No kidding!
"Damn Street Racer"pays with Brusies
