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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE: |
17 October 2008 |
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TO: |
Executive Director, Ottawa Police Services Board |
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FROM: |
Chief of Police, Ottawa Police Service |
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SUBJECT: |
RESPONSE TO OUTSTANDING INQUIRY
#1-08-04: SPECIAL CONSTABLES AND ACCOUNTABILITY |
That the Ottawa Police Services Board approve sending a letter to the Provincial Minister of Community and Public Safety calling on the Province of Ontario to pass Cross Border Police Jurisdiction legislation.
At the Police Services Board meeting on 31 March 2008, Member El-Chantiry and others sought information about the Special Constables Program with the Ottawa Police Service (OPS) and in particular what liability existed for the Board associated with the appointment of special constables. Through a report dated 23 July 2008, the Board Solicitor outlined the liability related to special constables. He concluded that “…the Board’s legal liability arising out of these appointments would appear to be minimal.” At the same Board meeting, the Chief presented a report dated 28 July 2008, detailing the OC Transpo Special Constable Program.
This report summarizes other aspects of appointment of special constables by the Ottawa Police Service and the approach being taken by Chief White to consolidate this program. It also identifies a shortfall in Provincial legislation related to the cross border (inter-provincial) appointment of police officers.
Appointment as a special constable confers on the appointee some or all of the powers of a police officer or peace officer. While the process varies slightly across the country, all provinces have the power to confer special constables (supernumerary constables under the RCMP Act). There are several aspects to the appointment of special constables by and of the Ottawa Police Service, sometimes involving the appointment of employees or members of the public as special constables under the law of Ontario and in other cases, the appointment of Ottawa Police officers or employees as special constables under the law of another province. In either case, the intention is to confer upon the appointee powers that he or she may not possess by virtue of their current employment or appointment. Special constable appointments can be for a short period of time, a few days to perform a specific task, or for a longer period up to five years, to perform full time or recurring tasks. Special constables remain accountable and employed by their own employer but have the additional powers documented in the special constable appointment.
The Ottawa Police Service uses special constables in several capacities that can be categorized as follows:
1. OPS internal Special Constables:
i. Court security;
ii. Cell block security;
iii. Summons service;
iv. Firearms Section.
These involve OPS employees (civilians) who require special constable status to perform the essential elements of their job. For example, in order to handle firearms, members of the OPS Firearms Section must have police status to comply with Federal law. These persons are OPS full-time employees and are appointed special constables under the law of Ontario for up to a five-year period.
2. Outside agency Special Constables:
i. Carleton University;
ii. OC Transpo.
These special constables are appointed under Ontario law to perform police related duties. These special constables remain employees of Carleton University or OC Transpo respectively, and require limited police powers to perform their security related duties. The liability and accountability regime are documented in the reports dated 23 July 2008 and 28 July 2008 referred to above.
3. Cross border police jurisdiction into Ontario:
i.
Gatineau
Police Service;
ii. Ad hoc situations which occur from time to time;
iii. Major events.
There are many situations where police officers from other provinces are required by their duties to come into the City of Ottawa to perform police duties, to arrest a person, to conduct a search or to carry out investigative duties. Such travel occurs across Canada on a daily basis but likely happens more often in the National Capital Region than other jurisdictions. This is a regular phenomena caused by the close proximity of the City of Gatineau and Province of Quebec. There are currently 132 members of the Gatineau Police Service who hold standing special constable appointments under the law of Ontario. During a major event such as a G-series meeting, it has been necessary in the past to swear in hundreds of members of the Sûreté du Québec as special constables under the law of Ontario. These appointments are typically limited to the days before and during the major event. Less often, members of police services from other provinces may come to Ottawa for a short period to perform an ad hoc specific duty.
4.
Cross border police jurisdiction into
other provinces:
i. Gatineau;
ii. The Province of Quebec;
iii. Ad hoc situations which occur from time to time;
iv. Major events.
In the same way that Gatineau Police officers are required to travel to Ottawa, Ottawa Police Service officers are required to travel to the City of Gatineau. On a daily basis, OPS personnel travel to Gatineau for prisoner pick-up, to Gatineau and throughout the Province for investigative purposes. This may also occur during VIP escorts or for major events such as a presidential visit. There are currently 378 OPS officers who hold appointments for the City of Gatineau and 102 officers who hold appointments for the Province of Quebec.
5. RCMP:
i. OPS officers for RCMP functions;
ii. RCMP officers for OPS functions;
iii. Major events.
The Ottawa Police Service and the RCMP are very proud of the exchange program that exists in our region. RCMP officers are regularly seconded to the Ottawa Police, performing a range of duties depending on the rank and needs of both police services. Reciprocally, Ottawa Police Service officers are often seconded to the RCMP to perform federal or specialized duties. This presents opportunities for career development and the expansion of a positive and integrated working police environment for both sets of officers. RCMP exchange officers are sworn in as special constables in order to legally enforce Provincial Statutes and conversely, OPS are sworn as RCMP supernumerary constables to facilitate any out of province duties.
Generally when persons are sworn in as special constables, there is an accompanying document that sets out the duties, terms and agreement of the appointment. For example, with OC Transpo and Carleton University, there are detailed Memorandums of Understanding (MOU) outlining the relationship. The OC Transpo MOU was described in detail in the Board Report dated 28 July 2008. A similar MOU exists for Carleton University that is soon scheduled for renewal. For the reciprocal arrangement with Gatineau, the OPS has a detailed Chief’s General Order which stipulates when the appointment may be exercised and the notification requirements associated therewith. The Gatineau Police Service is currently drafting an MOU to formalize the process. The Ottawa Police is able to track the use of such appointment by its officers. When the appointment is for a short period of time or a specific ad hoc duty, the terms are described in an actual appointment document. Where the appointment is for an individual, the terms and agreement is usually described in a secondary agreement.
Given the expansion of special constable appointments over the last few years, Chief White has ordered a consolidation of the special constable programs under the direction of his Executive Officer. The first step is to develop an overarching policy to address all aspects of the Special Constable Program and that work has commenced. The policy will address the following:
v Program ownership;
v Administrative support;
v Appointment process;
v Human resources linkage;
v Operational linkage;
v Communication / training;
v Accountability;
v Data and tracking systems;
v Legal aspects.
It is expected that the policy and internal structure will be completed by the end of 2008.
Police across Canada are finding increasingly that crime and criminals are no longer remaining in one locale. This is most acute in the area of organized crime, outlaw motorcycles gangs and terrorism. Police find that when they cooperate and coordinate their enforcement and intelligence efforts, their operational efforts are more efficient. Having said that, certain realities exist in a country where there are ten provinces and three territories. Since police are generally appointed provincially, their authority is limited to their province of appointment. This is also the case for the Ontario Provincial Police and the Sûreté du Québec.
The RCMP have federal jurisdiction, which gives them authority throughout Canada, but ironically do not have the authority to enforce Provincial Statutes such as the Highway Traffic Act or the Liquor Licensing Act.
Problems arose in western Canada where police officers traveling in the Prairie Provinces did not have authority to carry their firearms or have the power of arrest. Some Police Associations began to express concerns about their members travelling out of their home province on duty unless they were armed and had temporary police powers through a special constable program.
Several years ago the Law Amendments Committee of the Canadian Association of Chiefs of Police began a project to find a solution. Under the direction of Supt. Gord Schumacher (Winnipeg Police Service) and Vincent Westwick (Ottawa Police Service), they set out to develop model reciprocal legislation that would have to be passed by every provincial and territorial legislature. After much negotiation, agreement was reached with the Canadian Association of Chief of Police, the Canadian Professional Police Association, the Canadian Association of Police Boards and the Canadian Association of Police Oversight Law Enforcement. The Department of Public Safety, Justice Canada and the Uniform Law Conference of Canada endorsed the project.
Manitoba was the first province to pass this legislation; to date legislation exists in six provinces but not Quebec or Ontario. Ontario is studying the proposal but has not moved to introduce legislation. The true value of the program lies in complete participation by all provincial and territorial jurisdictions.
Attached is a copy of the Manitoba Legislation, which completely patterns the model legislation.
The Law Amendments Committee will soon initiate a renewed call for provincial participation.
The Ottawa Police Services Board is invited to correspond with the Minister of Community and Public Safety to convey their support of this most worthwhile project.
Not applicable.
There are no financial consequences to this Program.
CONCLUSION
This Report is a response to outstanding Inquiry # 1-08-04 and a follow up to the Chief’s Report dated 28 July 2008 and the Board Solicitor’s Report dated 23 July 2008. The Board may wish to send a letter to the Ontario Ministry of Community Safety and Correctional Services.
(original signed by D/C G. Larochelle on
behalf of)
Vern White
Chief of Police
Attach. (1)
