The Independent Civilian
Review Into Matters Relating to
the G20 Summit was conducted
by John Morden, former associ-
ate chief justice of Ontario, after
he was retained by the Toronto
Police Services Board. In the
report, made public by the board
last month, Morden not only
examined the role of the police
oversight body as it related to the
2010 summit in Toronto, he also
issued recommendations for a
new protocol. It is designed to
ensure the board carries out its
oversight duties more effeectively
in the future. Below, is an excerpt
from the review. on the need for
better communication between
police and civilian overseers.
JOHN MORDEN
Sir Robert Peel’s Principles of
Law Enforcement have been
accepted as describing the necessary elements of an ethical and
effective police force and emphasizing the necessity of maintaining public confidence in the
public police service. The public —that is, those subject to the
authority, power and direction of
the police—must have respect
for those that perform the policing function.
The importance of Sir Robert’s principles has not faded
with the passage of time. Many
public inquiries, government
investigations and media stories
have been reported on police
corruption, abuse of power and
ineffective policing. Much has
been written on how to improve
the policing environment to
enhance the mutual respect that
must exist between the public
and the police. In an era where
community policing has become
the new model of law enforcement, the need for the police to
maintain the public’s confidence
is more important than it ever
has been.
■ Peel on policing
While serving as home
secretary, Sir Robert Peel
established the Metropolitan
Police Force at Scotland Yard in
1829. He became known as the
father of modern policing with
the release of his Principles of
Law Enforcement.
In an era where community policing has become the new model of law enforcement, the need for the police to maintain the public’s confidence is more important than it ever has been. “
The Morden review found that police resources at the G20 were stretched because of a focus on the security perimeter.
CHRIS YOUNG / THE CANADIAN PRESS
John Morden,
Heenan Blaikie
Morden
cance of this issue should not be
understated. Perhaps, in its
desire not to be seen as treading
on the territory of the chief of
police, the board has, wrongly,
limited its consultative mandate
such that it has come to view it
as improper to engage in a discussion that involves the board
asking questions about, commenting on, or making recommendations concerning operational matters.
board is legislatively prohibited
from directing the chief of police
with respect to specific police
decisions, no information about
the operations involved in those
decisions should be transmitted
to the police board.
The information exchange
does not run in only one direction. It must be reciprocal. Therefore, where a police board is
examining an issue that may
result in the creation of a new
policy, it is important to engage in
a dialogue with the chief of police.
The consultative process
Historically, the discourse
concerning civilian oversight
has, to some extent, been preoccupied with fashioning bright
lines between the realm of the
overseers and the function of the
police. This was reflected in concerns about demarcating policy
matters from operational matters, the former being traditionally viewed as the realm of the
oversight bodies and the latter
the sole domain of the police.
Unfortunately, despite the clear
wording of the Police Services
Act, I have found that [Toronto
police] board members continue
to define their responsibilities in
terms of a complete separation
between matters of police and
operational matters. The signifi-
The need for a
consultation protocol
In the interactions between a
police board and a chief of police,
an information exchange must
exist that will encourage the
sharing of more information,
including operational information, discussing and debating
varying policy approaches and
defining the objectives of both
the operation and the applicable
policy framework behind it. To
ensure this exchange functions
appropriately, the police service
must be prepared to share with
the police board information
which has traditionally been
viewed as “operational” and,
therefore, off-limits.
Some may have thought,
wrongly, that because the police
Confidentiality
There may be circumstances
in which the Police Services Act
will require the exchange of
information between the board
and the chief of police to occur
in a confidential setting. Certainly, information should not be
made public where this may
compromise some related matter or event that is yet to unfold.
However, the board must be
careful to ensure that the circumstances properly justify the
exclusion of the public from the
board’s proceedings.
if every operational detail were
provided by the chief of police
to the police board. As such, the
question becomes what threshold should be applied above
which it is clear that the chief of
police should provide information to the police board.
A definition of what constitutes a “critical point” in oversight should be developed and
applied to guide the board and
the chief of police in determining
when operational information
should be disclosed to the board
in advance of the operation
actually taking place. This definition should be based on the
board’s statutory responsibility to
ensure “adequate and effective
policing” in the community.
n;The basic mission for which
the police exist is to prevent
crime and disorder.
n;The ability of the police
to perform their duties is
dependent upon public approval.
n;Police must secure the willing
co-operation of the public in volun-
tary observance of the law to be
able to secure and maintain the
respect of the public.
n;The degree of co-operation
of the public that can be
secured diminishes proportion-
ately to the necessity of the use
of physical force.
n;Police seek and preserve
public favour not by catering to
public opinion but by constantly
demonstrating absolute impartial
service to the law.
n;Police use physical force to the
extent necessary to secure
observance of the law or to
restore order only when the exer-
cise of persuasion, advice and
warning is found to be insufficient.
n;Police, at all times, should
maintain a relationship with the
public that gives reality to the his-
toric tradition that the police are
the public and the public are the
police; the police being only mem-
bers of the public who are paid to
give full-time attention to duties
which are incumbent on every cit-
izen in the interests of community
welfare and existence.
n;Police should always direct
their action strictly towards their
functions and never appear to
usurp the powers of the judiciary.
n;The test of police efficiency is
the absence of crime and disorder,
not the visible evidence of police
action in dealing with it.
Identifying the critical points
The consultation protocol I
have described would become
overwhelming to its partici-
pants and therefore, ineffective
Distinguishing the “what”
and the “how” of an operation
Effectiveness
of consultation protocol
John Morden is general counsel
at Heenan Blaikie.
