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OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
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Working together for a safer community La sécurité de notre communauté, un travail d’équipe |
REPORT RAPPORT |
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DATE 25 March 2013
TO/DEST. Ottawa Police Services Board
FROM/EXP. Policy & Governance Committee
SUBJECT/OBJET MORDEN REPORT: PROPOSED RESPONSE / ACTIONS
COMMITTEE RECOMMENDATIONS
That the Ottawa Police Services Board:
1. Approve the proposed response and actions to Justice Morden’s recommendations as outlined in Annex A and direct the Review Team to develop and implement a detailed action plan.
2. Task the Policy & Governance Committee with developing, in collaboration with the Executive Director and in consultation with the Chief and staff, a Board policy that addresses the issues identified in Annex A.
3. Continue to monitor the deliberations and outcomes of the Future of Police Advisory Committee as it pertains to the accountability framework and recommended changes to legislation, regulations, and policies to the Ministry of Community Safety and Correctional Services, and provide comment as appropriate.
4. Direct the Chief to continue with an internal operational review of issues raised in major events reports, including the Morden Report.
BACKGROUND
The G20 Summit held in Toronto in June 2010 presented unique policing and security challenges for both the Toronto Police Service (TPS) and the Toronto Police Services Board (TPSB). With the scale of the Summit and the time available to plan security elements, public safety was provided through a multi-jurisdictional policing team composed of Toronto Police, OPP, RCMP, Peel Regional Police, and the Canadian Forces. Various events took place leading up to and during the summit that challenged policing and became the focus of considerable public reaction and debate.
Following the Summit, the TPSB commissioned an Independent Civilian Review (ICR) of matters relating to the G20 Summit to specifically examine the role played by the Board and the Police Service in the development and implementation of plans for policing the Summit.
The Honourable John W. Morden was appointed by the Board to conduct the review. The final report and the conclusions and recommendations contained in it were presented to the TPSB on 29 June 2012.
The Morden Report
The ICR commissioned by the TPSB sought to clarify the roles and responsibilities of the Board and the Police Service, determine the reasons behind some of the decisions made in planning and policing the Summit, and identify what could be learned from the outcomes. The resulting “Morden Report” addresses pre-G20 planning as well as operations and communication during the G20. In examining pre-G20 planning, consideration was given to issues including, but not limited to:
· Whether the TPS had an adequate amount of time to develop a framework and plan a strategy for policing the G20, and whether adequate information was provided by the TPS to the Board so that they had sufficient time to discharge their responsibilities pursuant to the Police Services Act.
· To review any issues or problems faced by Board members with respect to the information that they received or ought to have received from the TPS or other agencies. This includes whether the Board asked appropriate questions of the Chief of Police.
· To review the role that the TPS played in a multi-jurisdictional policing event in developing the framework and plan for policing the G20 including whether the presence of a number of police agencies and security agencies impacted the delivery of police services or created complications in the command structure.
· To review whether the TPSB and the TPS had existing policies or procedures in place pertaining to major events policing.
· To review the role that the TPSB was given, if any, related to: considering and approving the framework and strategy for policing the G20; considering and approving TPS requests for additional legal powers at the G20; communications made to the public or failure to correct erroneous communications made to the public; considering and approving directions or instructions given to or by police officers related to various obligations, duties or powers; entering into agreements with other police agencies; negotiating contracts; setting or approving budgets; human resource issues and procurement issues.
In considering operational matters, an investigation was made into the reasons provided for various orders and decisions made including, but not limited to: dispersion, arrest/detention, responses to destruction of property, use of tear gas or similar substances in dispersion activities, removal or covering of name badges, and orders and instructions given to officers not with the TPS.
The most important overall finding expressed in the Morden Report was that the TPSB fell short in its oversight responsibilities. This finding is based on what Morden calls an improper interpretation of the Police Services Act. The Board had been operating with the understanding that “operations” and “policy” were distinct realms and that the former was exclusively the responsibility of the Chief of Police and outside the jurisdiction of the Board. Morden attributes this improper interpretation to beliefs established prior to the implementation of the 1990 Police Services Act. Until Morden, this interpretation was widely held throughout the Province’s policing community.
Following receipt of the Morden Report, the TPSB adopted an implementation plan in response to the 38 recommendations contained in the report.
DISCUSSION
The City of Ottawa plays host to a variety of international and major events ranging from G-series international meetings to US Presidential visits and Canada Day. Given its role as the nation's capital, Ottawa also experiences a great number of political protests and demonstrations such as the Tamil, Congolese, Occupy Movement, and Idle No More demonstrations and marches. Accordingly, Justice Morden's report on the G20 Summit in Toronto is of considerable interest to both the Ottawa Police Services Board (OPSB) and Ottawa Police Service (OPS) Command in terms of informing policies, procedures, strategy, and communications.
After the release of the Morden report, the Ottawa Police Services Board formally corresponded with the Honourable M. Meilleur, Minister of Community Safety and Correctional Service (CSCS) seeking clarification from the Province on the interpretation of the Police Services Act in relation to the Board’s role in police operations. The Board also corresponded with the Ontario Association of Police Services Boards (OAPSB) requesting that the OAPSB take the lead in seeking clarification from the Province on the interpretation of the Police Services Act and the role of the Board.
Additionally, two relevant events occurred following the release of the Report:
· An OAPSB workshop on the Morden Report was held in Toronto on 13 November 2012. The workshop included facilitated panel discussions on three themes associated with the recommendations: 1) defining the role of a police services board under the Police Services Act; 2) defining the consultation process between a police services board and chief of police; and, 3) the limits of consultation pertaining to direction or involvement in operational matters.
· An “All Chiefs of Police” Memorandum from Glenn Murray, Assistant Deputy Minister, Public Safety Division, MCSCS, was issued on 03 December 2012. The Memorandum stated that the Toronto Police Services Board is considering Morden’s findings and how best to address the recommendations. It also advised that oversight, accountability, and reporting (including governance) will be examined by the Future of Police Advisory Committee (FPAC) through the Future of Policing Project and a working group, to provide a more informed assessment of the accountability framework. FPAC will recommend changes to legislation, regulations, and policies to the Ministry. Police services were advised to seek legal counsel should there be any requirement for an opinion on Justice Morden’s recommendations.
Together, these developments provided a more comprehensive picture of the dynamics associated with the Morden Report within the legislative framework for policing in the Province and on major events policing in Ottawa, and helped inform a OPS/OPSB response.
OPS / OPSB Review of the Morden Report
Given the wide-ranging scope of the findings and the 38 recommendations pertaining to Governance and Oversight, Operational Planning, Command, Tactics, and Communications presented in the Report, the Board’s Policy & Governance Committee discussed the Morden Report on 4 October 2012 with the Chief of Police. Subsequently a Review Team comprised of OPSB and OPS representatives was assembled to examine the Morden Report findings and recommendations, to better understand the implications and opportunities for improvement for the OPS and OPSB. The Review Team met on four occasions to consider the Report, including a discussion of the Team’s proposed responses/actions with the Policy & Governance (P&G) Committee on 31 January 2013.
The findings and recommendations of the Review Team and the P&G Committee following its examination of the Independent Civilian Review (ICR) of Matters Relating to the G20 Summit conducted by Justice Morden are addressed in this report and in Annex A.
Ottawa plays host to hundreds of demonstrations and protests every year. As a result, the OPS has undergone review processes and conducted operational debriefs based on previous events which have allowed them to learn from past experiences and strengthen their provision of police services for major events. The Morden Review provides another learning opportunity for the OPS to strengthen its capacity to provide such services.
A brief literature review of available documentation on other major events along with past experience in Ottawa was conducted to inform any decision on how to move forward, and to provide a more comprehensive picture of major events policing in Ottawa. The 2009 Tamil Demonstrations report and the Independent Review of the 2011 Vancouver Stanley Cup Playoffs Riot were included in the review and are addressed in more detail below.
2009 Tamil Demonstrations (Ottawa)
In April 2009, Tamil supporters began demonstrating on Wellington Street in front of Parliament Hill in an event which lasted 15 days. These demonstrations caused significant traffic disruptions and inconvenience for commuters and nearby businesses. Complaints were lodged about road closures and traffic disruptions in the downtown core. Other members of the public reported that they did not fully understand the rationale behind the OPS approach to the demonstrations. As a result, Board Chair El-Chantiry requested a review of the OPS communications plan during these demonstrations.
An external agency conducted the review and analysis of communications practices during the demonstrations, primarily the role of the police service in providing timely and accurate information to a wide range of audiences. Subject to review was the degree and nature of communication between OPS and OPSB, City Council and the public. The purpose of this review was to identify areas where the OPS could strengthen its communications role in supporting operations.
The investigation revealed that information sharing between the OPS and OPSB as well as the dissemination of information to the public was slow and insufficient during the first 48 hours of demonstrations. Overall, however, the OPS responded well to the situation as it developed. After the initial 48 hour period, information began to flow steadily for the remainder of the demonstration.
The review concluded with 11 recommendations designed to build, strengthen, and improve communications processes and practices primarily related to major events. All 11 recommendations were accepted. Numerous recommendations from the Tamil Report correspond with recommendations of the Morden Report. Specifically, the report recommended that the Board and the OPS open a two-way communication stream to ensure timely, appropriate and accurate information sharing. This would ensure that clear communications processes are in place for event situations. In particular, verbal updates were to be provided by the Chief of Police to the Chair where developments may have a public impact, and timely and accessible information was to be made available to a wide range of audiences including the Chair, the Board, the Mayor and City Council so they can respond promptly to questions asked by their constituents.
In addition to the recommendations stated above, other opportunities were identified to improve dissemination processes to primary audiences including the Board, City Council, Police, City Staff and the public; increase and leverage new and existing technologies; open channels of information flow to 3-1-1; introduce “Public Alerts” on the OPS home page in connection with ottawa.ca and 3-1-1; and develop standard approaches to email enquiries.
Finally, the Review recommended that implementation responsibility be designated to the Major Events Public Affairs Team (MEPAT).
2011 Vancouver Stanley Cup Playoffs Riot
Approximately 155,000 people were present in Vancouver’s downtown core during the 2011 Stanley Cup Playoffs Riot. A series of after action reports were prepared, including a Technical Review conducted by the Ottawa Police.
Implementing Change: Outcomes from the Riot Reviews prepared by the Riot Review Implementation Team outlines 129 recommendations. The report addressed:
· What was learned from the 1994 riot and how recommendations were integrated into operations;
· The foundational elements of the Vancouver Police Department (VPD) and City plans for the event, and the relationship between those plans and what transpired in the lead-up to and during the riots;
· The availability of liquor at public events and the contribution this made to the events that unfolded; and
· A framework for how the City of Vancouver and the VPD work with the appropriate partners to optimize the safe, inclusive and enjoyable participation of the public in celebrations in public spaces.
Recommendations from the Independent Review of the 2011 Vancouver Stanley Cup Playoffs Riot do not address governance or oversight functions nor the roles and responsibilities of police services boards. However, the findings remain of interest as there are numerous similarities to recommendations concerning Operational Planning, Command, Tactics, and Communications contained in the Morden Report.
Committee Recommendations
While the OPSB and OPS have been through similar processes in the past, the Morden Review presented another opportunity to examine current policies, procedures and protocol and to identify better ways of doing business.
It is important to note that because of the OPS’s vast experience in managing major events, it already has very good systems and procedures in place that capture many of the ‘best practices’ suggested by Morden. The actions recommended by the Review Team will re-emphasize these existing systems and capture them in a board policy.
Based on the OPSB/OPS Review Team’s assessment, the Policy & Governance Committee recommends:
That the Ottawa Police Services Board:
1. Approve the proposed response and actions to Justice Morden’s recommendations as outlined in Annex A and direct the Review Team to develop and implement a detailed action plan.
2. Task the Policy & Governance Committee with developing, in collaboration with the Executive Director and in consultation with the Chief and staff, a Board policy that addresses the issues identified in Annex A.
3. Continue to monitor the deliberations and outcomes of the Future of Police Advisory Committee as it pertains to the accountability framework and recommended changes to legislation, regulations, and policies to the Ministry of Community Safety and Correctional Services, and provide comment as appropriate.
4. Direct the Chief to continue with an internal operational review of issues raised in major events reports, including the Morden Report.
EXISTING POLICY
The Board’s Policy Manual and the Service’s policies and procedures will need to be augmented and amended, as outlined in Annex A.
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CONSULTATION
The review of the Morden Report was a joint effort between the OPSB and the OPS. Much support, including the review of related literature and studies, was provided by the OPS Planning, Performance and Analytics Section. Input was also provided by the Policy Unit and the Emergency Operations Directorate.
FINANCIAL STATEMENT
There are no known financial implications associated with this report.
CONCLUSION
The Morden Report into the G20 Summit was commissioned by and for the Toronto Police Services Board, which has received the report and created an implementation plan to address each of the recommendations. The Province’s Future of Police Advisory Committee (FPAC) will provide a more informed assessment of the accountability framework as well as direction to boards and police services in the Province. Any recommendations for legislative changes will also emanate from that Committee. Meanwhile, as outlined in this report, the OPSB and OPS Executive has demonstrated due diligence by examining the Morden Report for possible implications, risks and ways to improve the policing of major events in the City of Ottawa. The actions and responses outlined in Annex A are recommended for approval by the Board.
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Submitted by the Policy & Governance Committee:
Carl Nicholson, Chair
Adriana Doyle
Jim Durrell
Attach. (1)