OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
	Working together for a safer community La sécurité de notre communauté, un travail d’équipe	REPORT RAPPORT

DATE                              25 June 2012

TO/DEST.                       Chair and Members, Ottawa Police Services Board

FROM/EXP.                   Executive Director, Ottawa Police Services Board

SUBJECT/OBJET         BOARD POLICY ON
POLICING ABORIGINAL OCCUPATIONS AND PROTESTS

RECOMMENDATION

That the Ottawa Police Services Board approve the new Board policy on Policing Aboriginal Occupations and Protests (#PO-003) set out in Annex A.

BACKGROUND

The Ontario Ministry of Community Safety and Correctional Services publishes a Policing Standards Manual that contains guidelines to assist police services boards, chiefs of police and municipalities with their understanding and implementation of the Police Services Act and its regulations, including the Regulation on the Adequacy and Effectiveness of Police Services.  The Ottawa Police Services Board has adopted the standard guidelines published by the Ministry through its policies contained in Chapter 4 of the Board’s Policy Manual.  These policies form part of the Board’s instructions to the Chief of Police.  For each Board policy there is a corresponding police service policy or “procedure” that contains the detailed operational requirements mandated by the Ministry.

On 16 February 2012 the Ministry announced a new guideline entitled “Policing Aboriginal Occupations and Protests” (PO-003).  The new policy is the result of an extensive review by members of the Ministry’s Policing Standards Advisory Committee (PSAC) of the recommendations arising from the Ipperwash Inquiry.  The PSAC working group consisted of representatives from the Police Association of Ontario, Ontario Association of Chiefs of Police, Ontario Association of Police Services Boards, Ontario Provincial Police Association, Toronto Police Services Board, Toronto Police Service, Brantford Police Service, Ontario Police College, Ontario Provincial Police, and Nishnawbe-Aski Police Service. 

A new Board Policy #PO-003 incorporating the requirements of the Guideline issued by the Ministry is attached as Annex A for the Board’s approval. 

CONSULTATION

No consultation was required as a new Guideline has been published by the Ministry of Community Safety and Correctional Services and all police services boards are expected to adopt the policy guidelines issued by the Province. 

FINANCIAL STATEMENT

There are no financial implications associated with this report.

CONCLUSION

All police services boards in Ontario are expected to adopt policies that are consistent with the standard guidelines issued by the Ministry of Community Safety & Correctional Services.  The Ministry recently announced a new Guideline on Policing Aboriginal Occupations and Protests, which is reflected in the attached Board Policy #PO-003.  Approval of the policy proposed in this report will ensure the Ottawa Police Services Board remains compliant with Ministry standard guidelines. 

(original signed by)

W. Fedec

Attach. (1)

Policy Number:                    Policy Subject:
PO-003                                  POLICING ABORIGINAL OCCUPATIONS                                                 AND PROTESTS
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act, sections 1, 42(1)(a) and 42(3) Criminal Code of Canada, section 2
DATE APPROVED
DATE REVIEWED
DATE AMENDED
DATE TO BE REVIEWED	2015
REPORTING REQUIREMENT	Annual compliance reporting

LEGISLATIVE REFERENCE / AUTHORITY

Section 1 of the Police Services Act sets out principles for the provision of police services throughout Ontario, including:

• The need to ensure the safety and security of all persons and property in Ontario.
• The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.
• The need for co-operation between the providers of police services and the communities they serve.
• The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.

Section 42(1)(a) of the Police Services Act states the duties of police officers include preserving the peace.

Section 42(3) of the Police Services Act states a police officer has the powers and duties ascribed to a constable at common law.

Section 2 of the Criminal Code of Canada defines peace officer, referring to a duty to ensure the preservation and maintenance of the public peace. 

DEFINITIONS

For the purposes of this policy, the following definitions apply:

1. Aboriginal occupation means the seizure and control of an area arising from assertions of Aboriginal or treaty rights by members of an Aboriginal group.

2. Aboriginal protest means a physical demonstration related to assertions of Aboriginal or treaty rights by members of an Aboriginal group.

3. Aboriginal people has the same meaning as in section 35(2) of the Constitution Act, 1982, which states that Aboriginal peoples includes Indian, Inuit and Métis people.

BOARD POLICY

The objective of policing Aboriginal occupations and protests is to preserve the peace, prevent offences, and enforce the law in a manner that respects the rights of all involved parties.  To this end, it is the policy of the Ottawa Police Services Board with respect to policing Aboriginal occupations or protests that:

a) The role of the police at an Aboriginal occupation or protest is to preserve the peace, prevent offences, and enforce the law including offences against persons and property, in accordance with the powers and discretion available to a police officer under the law.

b) The consideration of police actions at an Aboriginal occupation or protest include preserving the peace, communication, negotiation and building trust with participating and affected communities. 

c) The Chief of Police will develop and maintain procedures on:

i. Communicating information in relation to police procedures on Aboriginal occupations and protests;

ii. Training requirements for policing Aboriginal occupations and protests;

iii. Fostering community understanding of the police response to the events;

iv. The collection and analysis of information prior to and during events; and

v. Addressing the uniqueness of Aboriginal occupations and protests.