Consultation Response on the Review of the Police Services Act

Transcription

1 Consultation Response on the Review of the Police Services Act March 2016

2 OFIFC Consultation Response on Review of Police Services Act 2

3 OFIFC Consultation Response on the Review of the Police Services Act Introduction The review of the Police Services Act allows for an analysis of the current state of policing in the province and consideration of recommendations to ensure police services are best serving communities across Ontario. The Police Services Act, last updated in 1990, is the legislative directive governing the conduct of police officers in Ontario and gives power to the Special Investigations Unit as the independent civilian agency responsible for overseeing serious occurrences involving police. Given the overrepresentation of Aboriginal people among those most at-risk of involvement in the justice system as both victims of crime and accused, legislation governing law enforcement would benefit from being informed by Aboriginal communities. Our submission presents insight from member Friendship Centres regarding relationships with police services across the province and provides responses to the questions posed in the Ministry s online survey. In addition to highlighting key issues in Friendship Centre communities, our submission strives to elaborate on the important role that Friendship Centres play as Partners in Crime Prevention as they are referred to within the government s Crime Prevention Framework 1 and puts forth our recommended considerations for the review of the Police Services Act. About the OFIFC The Ontario Federation of Indigenous Friendship Centres (OFIFC) is a provincial Aboriginal organization representing the collective interests of twenty-eight (28) member Friendship Centres located in towns and cities throughout the province of Ontario. The vision of the Aboriginal Friendship Centre Movement is to improve the quality of life for Aboriginal people living in an urban environment by supporting self-determined activities which encourage equal access to, and participation in, Canadian society and which respects Aboriginal cultural distinctiveness. The OFIFC administers a number of programs and initiatives which are delivered by local Friendship Centres in areas such as justice, health, family support, long term care, 1 Government of Ontario and Ontario Association of Chiefs of Police. (2012). Crime Prevention in Ontario: A Framework for Action. 20. Retrieved from: pdf OFIFC Consultation Response on Review of Police Services Act 3

4 healing and wellness, and employment and training. Friendship Centres employ hundreds of program workers and support staff on the ground in communities across Ontario. As not-for-profit corporations which are mandated to serve the needs of all Aboriginal people regardless of legal definition, Friendship Centres respond to the needs of tens of thousands of community members requiring culture-based and culturally-appropriate services every day. The Friendship Centres represent the most significant off-reserve Aboriginal social service infrastructure across Ontario and are dedicated to achieving greater participation of all urban Aboriginal peoples in all facets of society, inclusive of First Nation Status/Non-Status, Métis, Inuit and all other people who identify as Aboriginal. The OFIFC manages $45 million in direct delivery funding across the province, not taking into account the direct resources procured by Friendship Centres at the community level. 2 Historical Context Integral to the review of the Police Services Act is the accurate assessment of the relationship that Aboriginal people have with law enforcement and an understanding of the historical context which contributes to present-day tensions between police and urban Aboriginal communities. As Aboriginal people continue to be disproportionately more affected by crime than non-aboriginal people, engagement with Aboriginal organizations and communities is paramount to the review of legislation that is aimed at keeping our communities safe. The disproportioned rates of victimization and crime in Aboriginal communities can be attributed to a confluence of factors. The inter-generational effects of colonization detailed in the Truth and Reconciliation Commission s final reports have affected the health and wellbeing of Aboriginal people to the present day. While a high number of Aboriginal people lead healthy and successful lives, their achievements are a testament to Aboriginal people s incredible resilience in the face of colonial violence which manifests today in oppressive legislative regimes that control Indigenous people s autonomy and wide-spread and systemic racism against Indigenous people. The current rate of apprehension of Aboriginal children by Children s Aid Societies is higher than that of the height of Residential schools 3 and Aboriginal people face higher rates of violence, victimization, and justice-involvement than non-aboriginal people. 4 Across 2 Ontario Federation of Indigenous Friendship Centres., Annual Report 2012/2013 (Toronto, ON: Ontario Federation of Indigenous Friendship Centres, 2013) CBC News Online. (June 2015). Justice Murray Sinclair calls for change in the child welfare system. Retrieved from: According to the federal government s study of violent victimization, over one-third of Aboriginal people (37%) reported being victimized compared to approximately one-quarter (26%) of non-aboriginal people within the same time period. A staggering 41% of incidents reported by Aboriginal people were violent in nature including experiences of sexual assault, robbery, and assault. It was also found that Aboriginal people are twice as likely as non-aboriginal people to be the victims of non-spousal violence and are more likely to be re-victimized multiple OFIFC Consultation Response on Review of Police Services Act 4

5 social determinants of health indicators, Aboriginal people s rates of health and wellbeing rank significantly lower than non-aboriginal people. Aboriginal people experience higher rates of post-traumatic stress, inter-generational grief, and maladaptive learned behaviours and, in correlation, Aboriginal communities struggle with high rates of substance abuse and addiction, suicide and suicidal ideation, mental illness, low educational achievement, and high levels of poverty. 5 Aboriginal community members have shared feelings of despair or powerlessness in reporting complaints often noting that the systemic nature of the issue of discrimination and racial profiling by police which is engrained in the culture of law enforcement must be fundamentally reformed. The long history of distrust and antagonism between Aboriginal communities and the institutions that continue to apprehend Aboriginal children, arrest Aboriginal youth, ignore victimized Aboriginal women, and incarcerate Aboriginal adults at an astounding rate necessitates a wholesale re-orientation of the way institutions, including law enforcement, treat Aboriginal people. The review of the Police Services Act provides an opportunity to reframe policing legislation with a view to acknowledging these realities and rebuilding relationships with Aboriginal people based on historical awareness and a commitment to end oppressive treatment. Without these considerations influencing the re-crafting of the legislation, the ministry and its police services across the province will risk further alienating Aboriginal communities. Policing in Urban Aboriginal Communities: Issues and Wise Practices The OFIFC engages with its member Friendship Centres annually to discuss community issues and to learn more about successes. The issue of relationships with local police has been a recurring theme throughout these engagements. The OFIFC has welldocumented evidence of a number of outstanding partnerships that have been forged between police and Friendship Centres to better serve vulnerable community members, build trust with youth, and facilitate integration between community members and law enforcement. We have compiled a listing of examples of wise practices happening between police services and their respective Friendship Centres across the province in times. According to the study, non-spousal violent incidents against Aboriginal people happen at a rate of 198 violent offences for every 1000 Aboriginal people. Of the total of non-spousal incidents experienced by Aboriginal people, assaults were the most common, representing 107 offences per 1000 people, compared to 58 offences per 1000 for non-aboriginal people. This gap is widened when looking at the proportion of sexual assaults reported by Aboriginal people at a rate of 70 incidents per 1000 Aboriginal people, compared to 23 incidents per 1000 people for non-aboriginal people. Aboriginal people also experience higher rates of spousal violence, accounting for almost double the number of victims compared to non-aboriginal victims of spousal violence. The incidents of spousal violence for Aboriginal people are also more likely to occur multiple times. Revealing the level of vulnerability of Aboriginal people who are victims of spousal violence, the study also noted that Aboriginal victims of spousal violence are disproportionately more at risk of non-spousal violent crime than other Aboriginal people. Source: Perreault, Samuel. (2011). Violent victimization of Aboriginal people in the Canadian provinces, Statistics Canada. Retrieved from: 5 Office of the Provincial Health Officer. (March 2013). Health, Crime, and Doing Time: Potential Impacts of the Safe Streets and Communities Act (Former Bill C-10) on the Health and Well-being of Aboriginal People in BC. Government of British Columbia. 30. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 5

6 Appendix I to profile those successes that Friendship Centres have highlighted at the community-level. Unfortunately these examples do not represent the experience of the majority of Aboriginal people in cities and towns in Ontario. Through our community-based research, the OFIFC has documented persistent issues of racial profiling targeting Aboriginal people, mistreatment, discrimination, and explicit racism by police. In fact, in March 2016, a formal complaint has been filed with the Office of the Independent Police Review Director against the Thunder Bay police service seeking a comprehensive review of the service with an eye to systemic racism against Aboriginal people, including murder victims. 6 The complaint provides evidence of Thunder Bay police s mistreatment of Aboriginal community members including evidence of inadequate criminal investigations following murders. These allegations are severe and reveal the depth to which racism has permeated the relationship between police and Aboriginal communities. A by-product of higher surveillance and policing in Aboriginal communities is the high rate of criminal records that Aboriginal people receive. The effect of a criminal record is incredibly challenging for Aboriginal people to overcome and is compounded by the higher rate of discrimination Aboriginal people face in their communities on a daily basis. Aboriginal people with criminal records face added barriers to employment, volunteering, and full engagement in their community. The issue of mandatory charges laid in domestic violence situations was also a common theme across engagements with Friendship Centres noting that the blanket policy can impede some individuals from calling police in violent situations for fear of prosecution. Friendship Centres also note a rise in domestic violence situations where both parties are charged and a rise in female perpetrators of domestic violence. The cycles of violence where perpetrators of abuse were themselves victims of violence at one time in their life was identified in many engagements. The issue of mandatory charges is domestic disturbances is highly contentious and should be reviewed with community input to better respond to the issue. In responding to the Ministry of Community Safety and Correctional Services Police Services Act review consultation questions, it should be noted that adequate regional consultation with Aboriginal organizations should be a foundational part of this legislative review. Understanding the range of issues that affect communities across the province cannot be accomplished without meaningful community-based engagements. With this understanding, we appreciate the opportunity to provide responses to the ministry s questions and key recommendations for the review of the Police Services Act and a strategy for a safer Ontario. 6 Porter, Jody. (March 26, 2016). Thunder Bay police racism must be rooted out, lawyer. CBC News Online. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 6

7 Consultation Questions A. Community safety and well-being How would you describe the relationship between the police and members of your community? The relationships between police services and members of urban Aboriginal communities across the 28 Friendship Centres in Ontario vary extensively. Given the historical context upon which relationships between police and Aboriginal communities are founded, a constant theme across all Friendship Centre communities is the need for intensive Aboriginal cultural competency training among law enforcement. As it stands, a large proportion of Aboriginal people in towns and cities across the province do not feel that police adequately defend their communities best interests. With documented evidence of police harassment, negligence, maltreatment, and discrimination against Aboriginal people, including youth and women, the relationship between Aboriginal people and law enforcement requires a fundamental rebuild. At the OFIFC s 2011 Aboriginal Youth Gathering, youth participants noted that they and their peers are afraid to call 911 or have involvement with police. 7 When an Aboriginal community member feels that they have nowhere to turn for safety or when they refrain from cooperating with police, this speaks to the fundamental lack of trust many Aboriginal people have in law enforcement and the wider justice system. While strengths-based relationships need to be forged across the province, we would be remiss if we did not highlight those highly effective partnerships and initiatives which exist between Friendship Centres and police services. Detailed in Appendix I, these relationships represent the work of police and Friendship Centres in collaborating to meet the specific needs of urban Aboriginal community members. More work needs to be done to ensure that the wider community is equally supported by police and community safety partners. How can the relationship between the police and members of your community be improved to promote trust and respect? The lack of Aboriginal cultural competency of police and within government ministries which govern police services has been identified as a serious barrier to relationshipbuilding and collaboration by Friendship Centres. A first step in improving the relationship between police and Aboriginal people is a fair acknowledgement of the current state of affairs by police services and a recognition that change needs to happen. As noted previously, a constant recommendation across all Friendship Centre communities is the need for intensive Aboriginal cultural competency training among law enforcement that is standardized across the province and delivered by an Aboriginal organization that is independent of the police. In an effort to break 7 OFIFC. (March 2011). Aboriginal Youth Gathering Report. 10. Retrieved from: file:///c:/users/ckrahn/downloads/aboriginal-youth-gathering-report.pdf OFIFC Consultation Response on Review of Police Services Act 7

8 down barriers to relationship building, reduce discriminatory practices, and inform policy decisions, face-to-face training sessions and cultural competency workshops should be facilitated by Aboriginal organizations such as the OFFIC. Police services need to understand their role in the history of colonization of Aboriginal people and in fueling the overrepresentation of Aboriginal people at all levels of the justice system. Only then can a new relationship based on trust be built. A second important step in improving the relationship between police and urban Aboriginal community members is for police to initiate formal protocols with Aboriginal organizations like Friendship Centres. In too few communities, formal protocols regarding important community safety issues have been developed between police and local Friendship Centres. Each community will be able to best identify the issues that ought to be tackled through process-based plans with police, but key issues may include: pre-charge diversion to Friendship Centre programs; domestic violence response and support; child welfare supports; and senior abuse supports. In your opinion, what is the best way to get people in your community involved in developing community safety and well-being plans that focus on bringing together police with education, health care and social services? Included as part of the compendium of evidence in Appendix I is the example of North Bay s well known Community Mobilization Hub initiative which engages front-line workers across multiple service sectors to intervene in instances of acutely elevated risk in the community. The North Bay Indian Friendship Centre was one of the founding members of the initiative, engaged by local police from its outset and involved in the entirety of the planning process. This represents a best practice in involving urban Aboriginal community organizations in the conceptual stages of a safety plan in order to ensure that the plan meets the needs of urban Aboriginal people. In contrast, other Friendship Centre communities police services have invited Friendship Centres to be part of already established community safety initiatives which have not adequately incorporated the Friendship Centres input into the plan s design or process. Aboriginal people have high rates of involvement with police, health care, and social services and specific input from community members on how to best support Aboriginal people is tantamount to the design and delivery of effective community safety plans. Aboriginal organizations should never be afterthoughts in the development of community safety initiatives and their meaningful involvement should be made an essential part of the development process. B. Serving vulnerable people What resources or training should be available to police services to help them serve vulnerable people in your community (e.g. seniors with dementia, homeless and/or at-risk youth and people with mental health or addiction issues)? In order to best serve vulnerable people, police should be partnering with front-line community-based experts including mental health specialists, addictions specialists, OFIFC Consultation Response on Review of Police Services Act 8

9 emergency medical professionals and nurses, shelter workers, and other supportive agencies including Aboriginal organizations such as Friendship Centres. As noted in the Ontario Association of Chiefs of Police s Framework for Planning Community Safety and Well-being, Emergency response involves more than police. 8 Police are often the first responders in incidences of acutely elevated risk, but police often lack the specific skills to best support these calls. It is through this ineffective model that issues such as the criminalization of mental health issues, poverty, and addictions takes root. Partnerships should include formal protocol agreements between police and each community entity which articulates the ways in which the police can best facilitate referrals, outreach, and share information when encountering high-risk and vulnerable situations. Friendship Centres have front-line workers who offer a range of services to community members which police could make referrals to including peer-counselling, traditional healing, advocacy, and mentorship. In communities with Aboriginal Health Access Centres, 9 relationships between front-line health professionals should be developed in order to make culturally-appropriate health referrals. What roles or duties should only be performed by a police officer? Under the Police Services Act, the roles or duties that police are directed to undertake regarding enforcing the law are those which should only be performed by police officers. They include: apprehending accused persons, laying charges and participating in prosecutions, executing warrants, and enforcing municipal by-laws. 10 These responsibilities require the accurate application of the law and in some cases as a result, the revocation of an individual s liberties duties which require the public s oversight and the authority of the Crown, as delegated by the Police Services Act. It could be disastrous if these responsibilities were contracted out to private security firms where oversight is precarious, 11 guards are not bestowed their authority from the public, and discriminatory practices are rampant. These duties must remain the responsibility of police and the protocols and training which surround how to exercise these powers ought to be thoroughly reviewed in order to better guard against excessive use of force, harassment, and negligence by police. Should social service personnel (e.g. mental health nurses, social workers) play a role when the police are called to deal with vulnerable people (e.g. seniors with 88 Hugh C. Russell and Norman E. Taylor (2014). Framework for Planning Community Safety and Well-being. Ontario Working Group on Collaborative, Risk-driven Community Safety - Ontario Association of Chiefs of Police. 4. Retrieved from: %20Framework%20for%20Community%20Safety%20PlanningJune20.pdf 9 Association of Ontario Health Centres. What are Aboriginal Health Access Centres. Retrieved from: 10 Police Services Act, Retrieved from: 11 Association of Municipalities of Ontario. (2015). AMO s Policing Modernization Report OFIFC Consultation Response on Review of Police Services Act 9

10 dementia, homeless and/or at-risk youth and people with mental health or addiction issues)? Please explain. Yes, front-line experts within social service sectors have an important role to play in responding to calls regarding vulnerable people. Models in communities where mental health experts ride along with police, such as the Mobile Crisis Rapid Response Team initiative launched in Hamilton, 12 provide critical responsive supports for vulnerable people and cross-sector learning opportunities for police officers and mental health professionals. Building on these initiatives in order to best serve communities, police and mental health organizations should make space to include Aboriginal mental health experts and social workers in ride-along programs so that urban Aboriginal community members can receive direct support from Aboriginal professionals at the time of crisis. The police are often called on to perform other, non-policing duties such as special event security, court security and prisoner transportation. How comfortable would you be with other types of public safety personnel (e.g., bylaw officers, special constables, private security) performing certain public safety duties such as special event security, court security and prisoner transportation? Please explain. The contracting out of non-policing public safety duties ought to be limited to public service workers such as by-law officers and special constables. The problem with contracting public safety responsibilities out to private security firms is that the oversight and management of public safety then also becomes privatized. Private security guards are not bestowed their authority from the public and discriminatory practices and instances of excessive use of force are rampant. 13 While the cost efficiency of contracting out non-policing duties to private security firms may be appealing to government, ensuring public safety requires the highest standards of accountability and oversight which private contractors do not deliver. 14 The 2009 incident of private security guards at St. Michael s hospital severely beating an Aboriginal man who attempted to visit family members at the hospital is a terrible reminder of the dangers of bestowing public safety responsibilities to security guards who receive minimal training and have little oversight. The victim survived being kicked 12 Bennett, Kelly. (April 2015). Hamilton police send mental health pros to the front lines with cops. CBC News Online. Retrieved from: 13 CBC News Online. (January 2013). Surge in private security raises concerns over rights. Retrieved from: 14 Private security services are largely overseen by private businesses. There is minimal public oversight (apart from very minor licensing requirements) despite the important role private security services fulfill in the broader safety and security web. Retrieved from: Association of Municipalities of Ontario. (2015). AMO s Policing Modernization Report Report-Final aspx OFIFC Consultation Response on Review of Police Services Act 10

11 and dragged down a flight of stairs by his ponytail, dumped onto the street in sub-zero temperatures, three broken ribs, and a punctured lung after the attack. 15 Furthermore, contracting private security guards for public safety responsibilities is contrary to the priority of best serving vulnerable peoples. In Pivot Legal Society s study of the impacts of private security guards on homeless and under-housed Vancouver residents, the effects were stark and comparable to practices of security guards in communities across Ontario: Private security guards are controlling access to space (on both public and mass private property) in ways that are not in keeping with principles of equality and fairness. This includes issuing formal bans from certain buildings, streets or neighbourhoods and the use of profiling, where people are treated differently because of their appearance. Profiling results in the continue harassment of homeless and visibly poor people, who are disproportionately Aboriginal and/or may suffer from a mental or physical disability including drug addiction. 16 What public safety duties in your community (e.g. special event security, court security, prisoner transportation etc.), do you think could be done by other types of public safety personnel (e.g. by-law officers, special constables, private security)? Non-policing public safety duties ought to be limited to public service workers such as by-law officers and special constables who are appropriately trained. Duties that could be done by public service workers include special event security, court security, and prison transportation. Private security guards should not be considered to take on these public safety responsibilities the risk to public safety and accountability is too large in these circumstances. C. Technology Are there any forms of technology you believe could improve public safety and help the police do their jobs better? Information sharing and data-capturing technology between public sectors including health, education, and police which is strictly restricted for the purposes of improving public safety from a client-focused perspective could improve public safety and help front-line workers from all sectors better do their jobs. The example of Community Mobilization initiatives which have implemented data-capturing and analysis systems to better understand trends in their communities and, in turn, make specific investments 15 Hasham, Alyshah. (August 2011). St. Michael s hospital settles lawsuit over alleged security guard violence. Retrieved from: d_violence.html 16 Pivot Legal Society. Security Before Justice: A study of the impacts of private security on homeless and underhoused Vancouver residents. 6. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 11

12 into mental health resources or homelessness resources, represent such models. 17 It is important to note that these types of data-capturing and information sharing systems record information in an anonymous way in order to track community trends and build better systems response; they do not operate as surveillance mechanisms. Do you have any concerns (e.g. privacy, cost) with police services using technology (e.g. licence plate readers, body worn cameras) more often in their work? Please explain. Yes, our organization does have some concerns about the increased use of technology by police services. The theory behind the implementation of certain forms of high-tech surveillance technology in policing is that they will raise the standards of performance of police officers and increase public safety. Of particular concern in these developments is the implications for individuals right to privacy, the risks of linking personal information and metadata to compile surveillance composites, and higher rates of surveilling and criminalizing of vulnerable individuals who police have easier access to. Amplifying these very serious concerns will do little to repair the relationship between vulnerable communities and police that will be compounded by defensive surveillance tactics. Alternatively, the costs of investing in high-tech surveillance and monitoring technology, and the training and human resources that will be devoted to such systems, could be shifted to invest in altogether better models of policing that are focused on crime prevention through connecting with communities in non-aggressive ways. Shifting the policing model away from a criminalization and an enforcement-driven mandate to one of peacekeeping and supportive of community safety methods that engage with community members in respectful ways has the potential for new relationships with communities that are built on trust. D. Education and training What level of education do you think is important for police officers to have? Please explain. The current level of education required of police officers is secondary school and the necessary Ontario Police College training provided by the Ontario Association of Chiefs of Police (OACP). According to OACP, the training encompasses federal and provincial statues, firearms, defense tactics, fire safety, cross-cultural training, police procedures, crisis intervention, and physical fitness training. 18 It is recommended that it is not the level of education that should be in question, but the quality of the Police College curriculum and instruction that should be re-assessed. Of particular importance are curriculum components related to cross-cultural training and 17 Vision & Results Inc.(May 2015). Evaluation of the FOCUS Rexdale Pilot Project. 24. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 12

13 police procedures concerning use of force and treatment of vulnerable citizens which should be informed by community-based organizations including Indigenous organizations. Wherever possible, cross-cultural training should be facilitated by reputable Indigenous organizations or agencies which are independent of police or government and can provide progressive and ongoing training. Emphasis should be made on regional and community-specific resources and making referrals in crisis situations that may require supportive service linkages (e.g.: mental health services; addictions services; homelessness crisis response services; etc.). Is there any other training you think police officers should have? As noted previously, a constant recommendation across all Friendship Centre communities is the need for intensive Aboriginal cultural competency training among law enforcement that is standardized across the province and delivered by an Aboriginal organization that is independent of the police. In an effort to break down barriers to relationship building, reduce discriminatory practices, and inform policy decisions, faceto-face training sessions and cultural competency workshops should be facilitated by Aboriginal organizations such as the OFFIC. Police services need to understand their role in the history of colonization of Aboriginal people and in fuelling the overrepresentation of Aboriginal people at all levels of the justice system. Only then can a new relationship based on trust be built. E. Police oversight and public complaints process How can the government help the public better understand the role of Ontario s police oversight and accountability bodies? In Ontario the following police oversight bodies exist: Office of the Independent Police Review Director (OIPRD) - The OIPRD is responsible for receiving, managing and overseeing all public complaints about the police in Ontario. The OIPRD accepts complaints about the conduct of a police officer or the policies and services of a police department. - The OIPRD s oversight role begins with the receipt of a public complaint and continues to the end of the investigation. Has jurisdiction over municipal and regional police services and the Ontario Provincial Police. Special Investigations Unit (SIU). - The SIU is a civilian law enforcement agency, independent of the police, that conducts criminal investigations into circumstances involving police and civilians that have resulted in serious injury, death or allegations of sexual assault. - The mandate of the SIU is to maintain confidence in Ontario s police services by assuring the public that police actions resulting in serious injury, death, or OFIFC Consultation Response on Review of Police Services Act 13

14 allegations of sexual assault are subjected to rigorous, independent investigations. Ontario Civilian Police Commission (OCPC) - Police services and police services boards are ultimately accountable to the public through the OCPC an independent, quasi-judicial agency. - The OCPC: hears appeals of police disciplinary decisions; adjudicates disputes between municipal councils and police service boards involving budget matters; conducts hearings into requests for the reduction, abolition, creation or amalgamation of police services; conducts investigations and inquiries into the conduct of chiefs of police, police officers and members of police services boards; determines the status of police service members; and provides general enforcement relating to the adequacy and effectiveness of policing services. In an effort to better educate and inform the public on the role of Ontario s oversight and accountability bodies, the government can build in higher levels of accountability and transparency into the procedures of each oversight body so that the public has better access to information and an understanding of their work. Of particular importance is the timeliness of information shared with the public by oversight committees (and the quality of that information) and adequate follow-up and investigations on public complaints. As it currently stands, the SIU is not required to release the name of officers being investigated of crimes nor the names of victims without the consent of their families vital information that the public has a right to know. 19 Furthermore, the OIPRD remain selective about the complaints that they pursue. According to the OIPRD s Annual Report, 1,440 total complaints were screened out for various reasons over the course of the year. 20 Of the 1,210 total complaints screened in by the OIPRD in , the majority were referred to a police service to investigate. The OIPRD investigated a total of 161 complaints itself a small fraction of the total number of complaints received in a year. 21 When it comes to investigating criminality within police services, the Ontario Ombudsman s 2011 report Oversight Undermined, a follow-up from the previous report Oversight Unseen noted that, the SIU s job has been particularly challenging as a result of ingrained police resistance to its authority 22 and thoroughly condemned the failure of government to adopt the first report s recommendations concluding that the the Ministry s stance frustrates the promise of strong and independent civilian 19 Domise, Andre. (July 2015). We know the victims, but not the killers: More transparency needed when Ontario police kill. Metro News Online. Retrieved from: 20 Office of the Independent Police Review Director. (2015). OIPRD Annual Report OIPRD Website. 12. Retrieved from: 21 Ibid Ombudsman of Ontario. (2011). Oversight Undermined. 1. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 14

15 police oversight, thereby undermining public trust in policing. 23 The Ombudsman called for stronger legislative direction from government to better equip the SIU: Ontarians deserve an SIU with a clearly defined, effective mandate, applied consistently throughout the province. Increased transparency in the SIU process, including release of Director s reports as well as the results of parallel police investigations, would also enhance the accountability of the system and instill greater public confidence in policing. 24 In northern communities where provincial police officers can often be stationed for training or for remedial purposes, officers short tenures and lack of familiarity with the communities spur high rates of harassment against Aboriginal community members and excessive use of force and brutality. Aboriginal community members have shared feelings of despair or powerlessness in reporting complaints that rarely result in justice served. More transparency and accountability, especially for communities that have little trust in the current system, should be prioritized. Illustrating this crisis in policing, in March 2016, a formal complaint has been filed with the Office of the Independent Police Review Director against the Thunder Bay police service seeking a comprehensive review of the service with an eye to systemic racism against Aboriginal people, including murder victims. 25 The complaint provides evidence of Thunder Bay police s mistreatment of Aboriginal community members including evidence of inadequate criminal investigations following murders. These allegations are severe and reveal the depth to which racism has permeated the relationship between police and Aboriginal communities. F. Public oversight of police services Should police services boards oversee all police services in the province, including the Ontario Provincial Police (OPP)? Most police services in Ontario are overseen by local municipal police services boards which provide guidance on policy and governance of police services. As per MCSCS, the board boards: provide a framework and direction for how a police service operates and make decisions (e.g. developing a business plan) make sure the police deliver effective service to the community make sure the police service operates without any inappropriate political interference Police services boards are also responsible for: shaping the objectives and priorities of police services selecting the chief of police or detachment commander 23 Ibid Ibid Porter, Jody. (March 26, 2016). Thunder Bay police racism must be rooted out, lawyer. CBC News Online. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 15

16 monitoring the performance of the chief of police or detachment commander reviewing how the chief of police or detachment commander manage the public and internal complaints system Police services boards represent highly influential advisory bodies that have the power to set priorities for local police services and are responsible for reviewing local complaints. Police service boards are therefore vital democratic bodies which provide local community-focused oversight to police. As are the keys to any successful policy board, police services boards will require progressive and ongoing training, access to relevant information, and clear connections to community issues. In your opinion, what could the Ontario government do to make sure police services boards meet the needs of the communities they serve? The Ontario government should ensure that police services boards receive progressive and ongoing training, access to relevant information and required resources, and that their operations are monitored and evaluated against communities priorities. The government should also consider allowing the Ontario Ombudsman oversight of police services boards in order to ensure accountability to communities. 26 What types of skills should members of police services boards have? Check all that apply. Please explain. Members of police services boards should have a range of analytical skills and proven investment in their community. Priority should be placed upon policy development skills, problem-solving skills, analytical skills, and basic financial skills. Other skills listed by the ministry negotiation skills and facilitation skills are important and should be considered, but can also be strengthened through board trainings and professional development. Above these listed skills, there should also be an onus on police services board members to have demonstrated Aboriginal cultural competency through basic competency testing and opportunities for progressive training. Conclusion and Recommendations The OFIFC is a leader in the area of ending violence and promoting healing and would urge the ministry to consider our important insight into how the Police Services Act can be enhanced to better respond to urban Aboriginal communities needs. Our submission aims to provide feedback to the ministry that reflects the reality felt by Friendship Centres and the clients they serve. Shifting the policing model away from a criminalization and an enforcement-driven mandate to one of peacekeeping and supportive of community safety methods that engage with community members in respectful ways has the potential for new 26 Ferguson, Rob. (June 2015). Liberals exempt police services boards from ombudsman s oversight. The Star News Online. Retrieved from: OFIFC Consultation Response on Review of Police Services Act 16

17 relationships with communities that are built on trust. System-wide change is needed which can be achieved in part through legislative changes to the Police Services Act, and in part through action-oriented policy development. The OFIFC is hopeful that the province of Ontario s New Strategy for a Safer Ontario will make space for the important role that Friendship Centres play as Partners in Crime Prevention as they are referred to within the government s Crime Prevention Framework 27 and that through proactive investments and planning, that current partnerships between Friendship Centres and police will no longer be exceptions to a damaged relationship with urban Aboriginal people, but will reflect an altogether new approach to community safety. In reviewing the Police Services Act, the OFIFC recommends that MCSCS: 1. Implement standards for Aboriginal cultural competency within government, law enforcement, police oversight bodies, police services boards, and external agencies across the province recognizing the effect that institutional racism has on community safety. The lack of Aboriginal cultural competency of law enforcement and within government ministries has been identified as a serious barrier to relationshipbuilding and collaboration by Friendship Centres. In an effort to break down barriers to relationship building, reduce discriminatory practices, and inform policy decisions, face-to-face training sessions, cultural competency workshops, and community outreach initiatives should be facilitated by Aboriginal organizations such as the OFFIC. Police services need to understand their role in the history of colonization of Aboriginal people and in fueling the overrepresentation of Aboriginal people at all levels of the justice system. Only then can a new relationship based on trust be built. 2. Direct police to initiate formal pre-charge diversion protocols with Aboriginal organizations like Friendship Centres. Pre-charge diversion to Friendship Centre programs can ensure that youth and adults who come into contact with police can be connected to supportive programs as a first response to community safety. Friendship Centres deliver a range of culture-based programs that can initiate social skills building and support restitution measures. 3. Ensure that Police Services across the province engage local Aboriginal organizations like Friendship Centres from the beginning in the design and implementation of their multi-sector community mobilization strategies. 27 Government of Ontario and Ontario Association of Chiefs of Police. (2012). Crime Prevention in Ontario: A Framework for Action. 20. Retrieved from: pdf OFIFC Consultation Response on Review of Police Services Act 17

18 Aboriginal people have high rates of involvement with police, health care, and social services and specific input from community members on how to best support Aboriginal people is tantamount to the design and delivery of effective community safety plans. Aboriginal organizations should never be afterthoughts in the development of community safety initiatives and their meaningful involvement should be made an essential part of the development process. 4. Invest in multi-sectoral first response partnership procedures in communities. In order to best serve vulnerable people, police should be partnering with front-line community-based experts including mental health specialists, addictions specialists, emergency medical professionals and nurses, shelter workers, and other supportive agencies including Aboriginal organizations such as Friendship Centres. Partnerships should include formal protocol agreements between police and each community entity which articulates the ways in which the police can best facilitate referrals, outreach, and share information when encountering high-risk and vulnerable situations. 5. Prioritize investments in preventative programming that Friendship Centres are already effectively delivering in urban Aboriginal communities across the province through a realignment of current reactive crime fighting efforts and a commitment to invest in cost-effective preventative approaches. Unstable funding schemes not only impede the growth of the OFIFC s successful model of program delivery, but also contribute to the legacy of economic oppression that has disenfranchised Aboriginal communities and stifled sustainability and success in communities across the province. We know economic disenfranchisement to also be a leading risk factor in criminal involvement and a barrier to safe communities. OFIFC Consultation Response on Review of Police Services Act 18