RECOMMENDATION
That
the Ottawa Police Services Board receive this report for information.
BACKGROUND
Tragedy leads to the Hadley coroner inquest.
Gillian
Hadley, 35, was killed by her 34 year-old husband, Ralph, in Pickering,
Ontario. He had been charged with
assaulting her earlier in the year, but a Judge released him while he awaited
Trial. Although ordered to stay away from Gillian, he showed up at her home
more than once during the five-month period.
On
20 June 2000, he broke into her house and shot her in the head before killing
himself. Nine days later, Ontario’s
Chief Coroner ordered an inquest into her death. The inquest began 22 October 2001 and concluded earlier this year
with the jury making 58 recommendations spanning a broad range of issues. Nine of these recommendations were police
related.
DISCUSSION
History
of current OPS response to domestic violence.
In
1999, the Ottawa Police Service recognized and addressed one of society’s most
prevalent problems: the risk of
Intimate Femicide/Homicide. The Ottawa
Police Service and their community stakeholders identified gaps in their
current service delivery model. A
consensus was reached between the Police Service and the community that the
system could be improved to provide better protection to victims of domestic
violence.
The
City of Ottawa experienced a downward trend in domestic homicides from 1995 to
1998. In 1999, an increase in domestic
homicides was identified and galvanized the attention of the Ottawa Police
Service and its community stakeholders.
The Revised Service Delivery Model (RSDM) Working Group was formed to
analyze the problem and identify a strategic plan of response.
To address systemic
problems in the current service delivery model, the RSDM Working Group based
their findings on statistics obtained from the Problem Analysis Unit from
January to September 1999. The RSDM
Working Group analyzed quantitative and qualitative statistical data pertaining
to:
-
Frequency of domestic
occurrences;
-
Peak times domestic
violence incidents occur;
-
Current Case Management
System.
Gaps identified in the current service delivery model
were:
-
Requirement for 7 day/24
hour availability of Domestic Violence Investigators;
-
Necessity to increase
staffing to adequately meet the volume of domestic investigations;
-
Creation of Case
Managers to provide a consistent, effective and timely response to domestic
incidents.
The RSDM Working Group studied the models practiced by
several other Police Services in Canada and more closely reviewed the current
Hamilton-Wentworth decentralized model.
Study of the relevant data lead to the alternative solution of a
Centralized Service Delivery Model with several recommendations:
-
Increase staffing in the
Spousal Assault Section to provide 7day/24 hour coverage to investigate all
domestic incidents;
-
Establish and apply a
standard risk indicator tool;
-
Create case management
positions relative to domestic abuse files;
-
Develop and maintain
partnerships with the victim services agencies;
-
Provide focused ongoing
related training for all front-line officers;
-
Establish and train
front-line domestic violence resource officers.
The final report from the RSDM Working Group for
Partner Abuse was completed and all six recommendations had the same theme -
the necessity for all domestic violence investigations to be handled by one
specialized unit to ensure a consistent, coordinated and seamless police
response to all victims of domestic violence.
Ottawa Police Chief Vince Bevan implemented the “Partner
Assault Centralized Service Delivery Model”.
Since taking ownership of all domestic violence investigations, the
Partner Assault Unit has:
-
increased their workload
by 35% (2000) and 37% (2001) compared to 1999 workload;
-
files assigned to other
sections, 95% decrease (2000), 100% decrease (2001);
-
criminal charges laid
31% increase (2000) and 30% increase (2001);
-
forwarded 82% (1999),
85% (2000) and 85% (2001) more referrals to the Victim Witness Assistance
Program compared to other Ottawa Police Sections;
-
decreased domestic
homicides 33% ( 2000) and 66% (2001).
From 1999 to 2001, the Partner Assault Unit has taken
ownership and investigated more than 10,500 domestic violence incidents. This coordinated and seamless response, with
the support of community service providers and stakeholders, has reduced the
risk to the victims of domestic violence.
CONSULTATION
Review of Hadley Inquest Jury’s
Recommendations.
On 8 April 2002 the Criminal Justice Sub-Committee
comprised of Justice System representatives, community resource providers and
A/S/Sgt. Kai Liu in charge of the Partner Assault Unit met to review the Hadley
inquest jury’s recommendations. This
committee found the Ottawa Police Service Centralized Service Delivery Model
not only meets the jury’s recommendations but exceeded many .
Jury’s recommendations:
# 2. We recommend that the Ministry of the Solicitor
General conduct audits of police services to monitor compliance with the Model
Police Response to Domestic Violence.
·
Although this
recommendation is directed to the Ministry of the Solicitor General, the
OPS Partner Assault Unit with its community partners and stakeholders have
continually monitored its compliance with the Model Police Response to Domestic
Violence.
·
Melissa Baker, an Ottawa
University Master’s student is currently conducting a study, at the request of
Chief Bevan, on the effects of adopting a risk management model of policing for
domestic violence cases.
·
Cosette Chafe, Ministry
of the Attorney General, Regional Manager, East Region, Victim Services
Division, writes in a letter dated 23 April 2002 "... I
undertook a special project for the Victim Witness Assistance Program. I conducted visits to all 26 existing sites
in Ontario to examine existing services and practices...through this project, I
discovered that the Partner Assault Section of Ottawa Police Service was a
unique and effective initiative in Ontario...in comparison to other large
jurisdictions in Ontario, investigations in Ottawa were generally conducted
more quickly and thoroughly, police reports were more complete. Officers
received better training and are more accessible to victims and service
providers...”
#3. We recommend
that the Ministry of the Solicitor General enhance the curriculum for recruit
training at the Ontario Police College in order to produce a qualified domestic
violence investigator at graduation in every case. No fewer than forty (40) hours should be spent on domestic
violence investigative training.
·
Providing pro-active
education is a major component of the Partner Assault Unit’s mandate. This Unit
uses a multi-discipline/media approach toward internal and external education
in the area of domestic violence. First
with its development of the Domestic Violence pamphlet and reference card, then
in January 2001, in partnership with the Ontario Police College, Sergeant Holly
Watson and Sergeant Luc Gleeson, both Partner Assault members developed the
four day Ottawa Police Domestic Violence Investigator (DVI) course. Throughout 2001, in partnership with the
Professional Development Center, members from the Partner Assault Unit
presented and lectured to different Units and Divisions on the dynamics
involved with domestic violence. They have made many presentations to Patrol
training days, recruit classes and other investigative courses such as General
Investigative Techniques, Major Case Management, Advance Patrol, etc.
·
In an effort to
constantly improve the Ottawa Police Service response to domestic violence, the
Partner Assault Unit has expanded the delivery of the DVI course to include
front line Patrol Officers, Communication Center Members, and other
non-investigative sections.
·
The success of the Units
internal education program and the expertise of our investigators in the field
of domestic violence has led to an increase in public education and
outreach. In 2001, on different
occasions, Sergeant Lyse Fournier, Sergeant John Maxwell, Sergeant Robert
Featherstone and Detective Todd Harding have been selected by our Ottawa
Domestic Crowns to make presentations to Crown Schools, Crown conferences, and
to sit on Crown discussion panels.
Partner Assault Investigators have also made presentations to many
community groups and stakeholders.
·
On 5 March 2001,
A/Inspector Sterling Hartley’s and Sergeant John Maxwell’s expertise were
tested when they participated on a live call in TV show with Rogers Community
Television. The televised forum was on
domestic violence issues.
#4. We recommend
that the Ministry of the Solicitor General emphasize the importance of and
encourage police services to use the Domestic Violence Supplementary Report
Form when investigating domestic violence incidents.
·
The Ministry of the
Solicitor General, Training Standards Branch, created new domestic violence
Supplementary Report Form (risk indicator tool) for domestic violence
investigation. Chief Bevan reviewed the
universal risk indicator tool developed by the Training Branch and found it to
be far too generic and simplistic to meet the needs of our Police Service and
the community we serve.
·
At the request of Chief
Bevan, the Partner Assault Unit created their own risk indicator tool, adhering
closely to the format identified in the “Five Year Seamless Response to
Domestic Violence”. The “Five Year Seamless Response” utilized a
risk indicator tool that follows the suspect through the criminal justice
system, starting from apprehension to the bail hearing. This tool is used to determine the release
conditions of an accused. It is also
used for safety planning and during the trial process.
·
On 27 March 2001, Chief
Bevan issued General Order 2001-050 outlining the criteria for the mandatory
use of the Domestic Violence Supplementary Report Form (DVSRF) for
domestic violence investigation.
·
The OPS Partner Assault
Policy and Procedures were also revised to reflect the use of the DVSRF.
#55. We recommend that the police services examine the
use of continuously repeating audible signals on their in-car computer
terminals.
Rationale:
The police officer responding to the 911 call on June 20, 2000 had difficulty
hearing radio messages because of an audible signal emanating from the
vehicle’s computer terminal.
·
The Ottawa Police
Service does not use a continuous audible signal on its in-car computer
terminals. This recommendation is not a
problem with the OPS in-car system. The
OPS in-car computer system has an
automated computer aided map with a red pointer that assist responding officers
to locate addresses thus decreasing response time.
#6 We recommend that police services change the
classification of complaints status on domestic violence call assignments as
recorded on the CAD System, in order that police response is “without delay.”
·
When a partner dispute
call is received by the OPS, Communication Center, the classification of the
complaint status is automatically defaulted on the CAD System to a “priority
one call” (respond without delay). A
priority one call is an emergency call.
#7. We recommend
that investigating officers who respond to domestic violence complaints conduct
their investigations without requiring the complainant to obtain statements
from others or to gather evidence as a means of completing the investigation.
·
The Ottawa Police
Service does not ask nor condone the practice of asking the complainant to
obtain statements from others or to gather evidence as a means of completing
the investigation. The responsibility of gathering statement and evidence rest
on all police officers involved with an investigation. The OPS Partner Assault Policy and Procedure
clearly defines this.
#92. We recommend that the Ministry of the Solicitor
General direct all police services by written policy that release directly from
a police service with undertakings and conditions on charges stemming from an
incident of domestic violence, is not an acceptable practice.
·
For police services to
follow this recommendation, the Criminal Code must be amended. Currently,
police services are obligated by the Criminal Code of Canada and the Canadian
Charter of Rights to release an accused when certain conditions are met. Section 497, Section 498, Section 499 and
Section 503 of the Criminal Code describes these conditions and the
consequences of non-release.
·
In addition to the
Criminal Code and Charter of Rights, the OPS Partner Assault Policy and
Procedure and the Policing Standards Manual on Domestic Violence Occurrences,
Bail and Violent Crime also direct OPS police officers on release conditions.
#11. We recommend that police services establish a
victim bail notification system that will inform victims as to the date and
time of the accused’s bail hearing.
·
The Ottawa Police
Service victim bail notification system follows an all inclusive approach. The OPS Partner Assault Policy and Procedure
directs the responsibility of victim bail notification to the investigator, the
Officer in Charge of the station, the Officer in Charge of Court Liaison and
Victim Crisis Unit.
·
The Ottawa Victim
Witness Assistance Program from the Ministry of the Attorney General office will
also notify the victim.
#12 We recommend that the Ministry of the Attorney
General work with the Ministry of the Solicitor General to develop a
specialized domestic violence bail program.
Components would include a designated specially-trained Crown Attorney
and police officer in each court jurisdiction to:
-
Be contacts for
other Crown Attorneys and police officers
-
Provide guidance,
and
-
Provide other
strategic advice on bail hearings.
·
In February of 1998, the
Ministry of the Attorney General selected the Ottawa Court House, East Region,
as a test site for a pilot program that would give Ottawa a specialized
Domestic Violence Court. A team of
Crown Attorneys were selected and designated to prosecute domestic violence
cases.
·
During the first quarter of 2000, the Revised Service Delivery Model
with a centralized investigative unit was implemented. The investigators working in the Partner
Assault Unit are specially trained, and must meet and maintain set Provincial
Adequacy Standards.
·
Through a collaborative approach, the Domestic Crown Attorneys and
Partner Assault Unit have formed the Partner Assault Support Team (PAST). PAST is a
high risk review board that meets weekly, on Friday afternoons, to review
Partner Assault files that have been identified as a high risk to the victim or
children . The PAST team is comprised
of representatives from the Victim Witness Assistance Program, the Victim
Crisis Unit, the Children’s Aid Society, Probation and Parole, Social Services
and the Crown Attorney’s Office. The
court briefs are read, reviewed and action is taken immediately to decrease the
risk to the victims of domestic violence.
Having all the stakeholders at the table, allows for a swift and
coordinated response to identified needs and fosters open communication, and
the immediate implementation of decisions.
CONCLUSION
The Ottawa Police Partner Assault Unit, is the only
specialized domestic violence investigative unit in Ontario, and has created
one of the most comprehensive risk indicator tools. The Unit is tackling domestic violence at ground level with
numerous community partners and stakeholders.
The Ottawa Police Service continues to play a leading role in the fight
against domestic violence and supports the Hadley Inquest recommendations as
they relate to the Justice System.
The goal of the Ottawa Police Service, Partner Assault
Unit, is to reduce the risk to the victims of domestic violence, by fostering
active partnerships with as many diverse members of the Ottawa community as
possible. The Partner Assault Unit
strives to create mutual support systems for all victims of domestic violence.
As a result of the Ottawa Police Service adopting this
risk management approach, the number of cases assigned dramatically
increased. This is a direct result of
the community having meaningful input during the creation phase of the risk
management system and supporting and promoting utilization of the Partner
Assault Unit. A level of trust was
created between the police and the community during the important
implementation phase. This led to the involvement
and support from diverse community members, such as the Lesbian, Gay, Bisexual,
Trans-gender, Immigrant, Visible Minorities, clients and stakeholders.
The Ottawa Children’s Aid Society representative,
Kohar Polimenakos, described the Partner Assault risk indicator tool as a most
innovative and forward looking tool that greatly decreases the risk to the
victims of domestic violence. Chief
Bevan prepared and delivered a presentation on the Partner Assault Unit to the
Canadian Association Chiefs of Police (CACP) and attributed the lower homicide
rate to the Ottawa Police pro-active measures and risk management approach.
In April 2002, a letter of support to the Herman
Goldstein Award Selection Committee, Ms. Vikki Bair, Deputy Crown Attorney, Coordinator
Domestic Violence Court wrote “...The caliber of service offered to this
community by this specialized unit is simply exceptional. Ottawa’s Partner Assault investigators stand
apart by virtue of the quality of their training and their expertise, the
effects of which are reflected in every aspect of their work from interview
technique, to issue of identification, victim support...I can indicate that
Ottawa’s approach, experience and investigative “product” appear to be
light-years ahead of most, if not all other police services across the
Province...”
Vince Bevan
Chief of Police
Summary
of Herman Goldstein Award excerpt.
A report to the Attorney General of Ontario
by the Joint Committee on Domestic Violence arising from the May/Isles
Coroner’s Inquest into the murder of Arlene May – a victim of domestic
homicide.
