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Significant changes planned for Police Services Act, SIU

Proposed new laws by the provincial government to the Police Services Act would bring change to the Special Investigations Unit. (Photo by Colin Williamson).

By Dave Flaherty/The Oshawa Express

The Ford government is set to make significant changes to Ontario’s Police Services Act, with a focus on streamlining SIU investigations.

The province will attempt to repeal changes made by the previous Liberal regime to the Police Services Act and Ontario Special Investigations Unit Act.

It will also repeal the Police Oversight Act and Ontario Policing Discipline Tribunal Act of 2018.

Under the new rules, the SIU would only investigate incidents where use-of-force, arrest or police vehicle pursuit result in the significant injury or death of a civilian, when an officer discharges their firearm or allegations of sexual assault against an officer.

In other incidents involving police where a death such as a suicide or medical condition occur, a ‘designated authority’ such as a chief of police would determine whether the SIU should step in.

For example, under the current system, a police officer performing CPR on a civilian who eventually dies would be investigated.

SIU investigations would be expected to wrap up within 120 days, with the agency expected to explain delays every 30 days beyond the mark.

According to the PCs, the proposed act would also strengthen the role of the province’s Inspector General of Policing with the Ministry of Community Safety and Correctional Services.

The inspector general would be mandated to “monitor, inspect and ensure compliance with the [Police Services] act,” and would be able to impose rulings regarding misconduct of police services board members.

The government is also looking to stop the outsourcing of certain policing functions.

New officers, special constables, and police service board members would be required to undergo training in human rights, systemic racism, diversity, and Indigenous training.

Police service board members would also be required to complete ‘basic training’ before taking office.

The Office of the Independent Police Review Director will become the Law Enforcement Complaints Agency.

Instead of the agency handling public complaints about police, it would assign them either to a police service or an agency investigator.

Changes will also be made to the Coroner’s Act.

Coroners will now have access to information including medical records when performing historical death investigations.

Regional coroners will no longer be required to reside in the area they are appointed in.

Durham MPP Lindsey Park told The Oshawa Express she believes the proposed changes have been a long time coming.

“It’s been decades since the Act has been updated,” she explains. “So I’m really pleased that our government has introduced changes that create a bit more predictability and certainty for police officers when they’re being investigated, and as well it introduces new training requirements.”
Park says while she’s proud of the legislation, there’s always more work to be done, and she thinks there will continue to be important discussions to be had.

“I think this is a really thorough update that we’re making to the Police Services Act, and I’m proud that our government has put it forward,” says Park.

In a media release, Whitby MPP Lorne Coe said legislation under the previous government “treated police with suspicion” and made it difficult to do their jobs.

“While we don’t always hear their success celebrated on the news, we take great comfort knowing the police are responding to emergencies and preventing crime,” Coe stated. “Some times this work entails risk, and it certainly involves difficult decisions. But we rely on the police to keep us safe. Now they can rely on their government to have their back.”

Attorney General Caroline Mulroney said her party’s proposed act would create police oversight that is “balanced, respectful and fair.”

“Our legislation, if passed, will focus investigate resources where they are needed, on criminal activity, within a police oversight system that will ultimately help build safer communities on a shared foundation of restored trust and accountability.”

Bruce Chapman, president of the Police Association of Ontario, praised the proposed changes.

“Ontario’s front-line police personnel…are hopeful that this new Comprehensive Ontario Police Services Act will serve to restore fairness and respect for professional policing, making oversight more effective, and improve governance, training, and transparency,” Chapman said.

 

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