OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

The Trusted Leader in Policing

Le chef de file de confiance dans la police

REPORT

RAPPORT

 

DATE                              28 October 2013

 

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

 

FROM/EXP.                   Policy & Governance Committee

 

SUBJECT/OBJET         BOARD POLICY ON MAJOR EVENTS

 

 

COMMITTEE RECOMMENDATION

 

That the Ottawa Police Services Board approve the Major Events Policy attached to this report as Annex B.

 

BACKGROUND

 

At its meeting on 25 March 2013 the Ottawa Police Services Board (OPSB) approved recommendations in response to the 2012 report prepared by The Honourable John W. Morden.  One of the recommendations approved was to: 

 

Task the P&G 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

 

For reference purposes, a copy of that annex is also attached to this report as Annex A.

 

Justice Morden’s report was prepared at the request of the Toronto Police Services Board (TPSB), regarding the G20 Summit that took place in Toronto in June 2010.  The Independent Civilian Review specifically examined the role played by the Board and the Police Service in the development and implementation of plans for policing the Summit. 

 

The review 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” addressed pre-G20 planning as well as operations and communication during the G20.  

 

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 was of considerable interest to both the Ottawa Board and the Ottawa Police Service (OPS) Command in terms of informing policies, procedures, strategy, and communications. 

 

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 Morden Report, the P&G Committee discussed the 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 P&G Committee on 31 January 2013.

 

The recommendations of the Review Team and the P&G Committee contained in Annex A, which were approved by the OPSB on 25 March 2013, formed the basis for the development of the Major Events Policy attached at Annex B. 

 

It is important to note that because of the vast experience the OPS has 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 in Annex A reinforce existing systems and are captured in the new Major Events policy. 

 

CONSULTATION

 

Consultation has taken place with OPS staff and with the Board Solicitor.  The OPS staff have identified some changes that will need to be made to internal policies in order to comply with the Board’s new policy on Major Events, such as the development of a Mass Detention policy/procedure.  However, in most respects OPS policies are already compliant with the new Board policy.

 

FINANCIAL STATEMENT

 

There is no cost associated with the adoption of this policy.

 

CONCLUSION

 

While the OPSB and OPS have been through similar review 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.

 

The Policy & Governance Committee has reviewed the attached Major Events policy and recommends that it be approved by the Board. 

 

 

_________________________________________

 

Submitted by the Policy & Governance Committee:

 

Carl Nicholson, Chair

Adriana Doyle

Jim Durrell

 

Attach. (2)


ANNEX A

 
INDEPENDENT CIVILIAN REVIEW INTO MATTERS

RELATING TO THE G20 SUMMIT

 

Ottawa Police Services Board and Ottawa Police Service Response

(Approved by the Board on March 25, 2013)

 

MORDEN RECOMMENDATION

OPS/OPSB RESPONSE

 

1.   Improving the nature and quality of Board policies

 

 

Support:  Board to review related policies.

 

2.   Filing police service procedures and processes with the Board

 

 

Support:  staff to review how to provide the Board ED with access. 

 

3.  Legal counsel to the Board

 

 

No change required: Board Legal Counsel is provided through City and the option exists to retain external assistance when required.

 

4.    Information exchange between the Board and the Chief of Police on all subject matters

 

 

No change required: This already occurs and is addressed in Board policy CR-5 (Communication & Counsel to the Board).

.

5.    The Board should create a policy that defines “critical points”

 

 

Support:  Board to create a Major Events policy that addresses “critical points”

 

  1. The Board should determine appropriate objectives, priorities, and policies for major events, operations, and organizationally-significant issues in which the <Toronto> Police Service will be involved

 

 

Partial support: Board should not “determine” but should be consulted on these matters. 

 

  1. Board to negotiate framework for funding conditions with other partnering police agencies

 

 

Partial support: Board should not “negotiate” but should review and be signatory on any funding agreements.

 

  1. Board involvement in consultation (with host government)

 

 

Support: Board should make a formal request to the level of government hosting the event, asking that it be consulted in advance of a decision being made on matters relevant to OPS policing function at the event.

  1. Confirmation concerning <Toronto> Police Service’s planning process

 

 

Support: Board should request and receive regular updates on progress of planning for event. This requirement can be included in the Major Event policy.

  1. Time available for <Toronto> Police Service operational planning

 

 

Support: When possible, Service should review whether there is sufficient time to plan for event and if not, advise the Board; Board should communicate this to host government and seek assistance. 

 

  1. Board to be informed of possibility of major event

 

 

Support: Include this requirement in Major Events policy.

 

  1. Board should insist on Foreign Missions International Operations Agreement (FMIOA)

 

 

Partial support:  Board policy can require that MOUs must address the same points as those contained in the FMIOA. 

 

  1. <Toronto> Police Service to provide information regarding planning structure to the Board

 

 

Support: this requirement can be included in the Major Events policy.

 

  1. Board to obtain information concerning the command and control structure for multi-jurisdictional policing events

 

 

Support: include this requirement in Major Events policy

 

  1. The Board should (audio) record confidential Board meetings

 

 

No change required: The Board keeps synopsis minutes

 

  1. The Board should develop a mechanism to ensure all Board members are canvassed in advance of pre-meeting agenda briefings

 

 

No change required: The board already has a mechanism to do this

 

  1.  The Board should create a policy requiring open communication and sharing of information between all Board members

 

 

No change required: existing policies already address. 

 

  1.  Where time is of the essence for procurement, the Board must maintain a monitoring role

 

 

No change required: Existing Financial Accountability Procedures Manual addresses this

 

  1. The Board should be involved in the negotiation of contribution agreements <with the host government> pertaining to the Police Service’s involvement in a policing event

 

 

Partial support: The Board should not be involved in “negotiating” but should review and have legal counsel review agreements for financial exposure and risk, and be the signatory to agreements.

 

  1. Board policies and <Toronto> Police Service procedures should apply to police personnel seconded to assist the <Toronto> Police Service in a joint operation

 

 

Support: Same provisions as in past MOU’s used by OPS for G20 and G8

 

21.      The Board should receive information on any training developed by the <Toronto> Police Service for a major event

 

 

Support: the board should assure itself that training will be provided and on how compliance will be monitored. This can be included in the Major Events policy.

 

  1. The Board should review the <Toronto> Police Service’s continuity of service plans for major policing events

 

 

Support: the board should assure itself that the rest of the City will continue to be adequately and effectively policed.

 

  1. The Board should amend its information sharing protocol with City Council

 

 

No change required:  existing Protocol is sufficient.

 

  1. The Board should, with the assistance of the Ontario Association of Police Services Boards analyze the issues and concerns raised with respect to sharing confidential or classified information

 

 

No change required: information sharing protocols already in place in Ottawa. 

 

  1. The Board should develop an information sharing policy for major events

 

 

Support:  Information sharing requirements can be included in the Major Events policy.

 

  1. The <Toronto> Police Service and the Board should work together to develop the training materials for a major event

 

 

No Support:  the Board does not need to be involved in developing training material. 

  1. Board to create a comprehensive policy on crowd control at mass demonstrations

 

 

Partial support: can be addressed in Major Events policy.

  1. Board policy on the wearing of name badges and/or police badge numbers

 

 

Support: The OPS already has this requirement and the Board can include it in a policy.

 

  1. Creation of a Board policy concerning the seeking of legislative change

 

 

No change required: This recommendation from the Morden Commission was made in response to a discrete issue arising during the G20 Summit. As a recommendation without broader application, it is not applicable to the Ottawa Police Services Board.

 

  1. Communication of legislative changes to the public

 

 

No change required: This recommendation from the Morden Commission was made in response to a discrete issue arising during the G20 Summit. As a recommendation without broader application, it is not applicable to the Ottawa Police Services Board.

 

 

  1. Early involvement of major event planning specialists and relevant experts

 

 

No change required: existing operational approach/ procedure.

 

  1. Board should seek confirmation that a complete operational plan has been created that addresses all applicable policies and procedures

 

 

Support:  address in Major Events policy. 

 

  1. Procedures concerning mass arrest and detention

 

 

Support: include in Major Events policy (or in policy on Prisoner Care and Control LE-016)

  1. Board guidance on unique operational requirements

 

 

No change required: This recommendation from the Morden Commission was made in response to a discrete issue arising during the G20 Summit. As a recommendation without broader application, it is not applicable to the Ottawa Police Services Board.

 

 

  1. Creation of a Board Policy on mass detention

 

 

Support: include in Major Event policy

 

  1. Board to require a report on Level 3 searches conducted during the G20 Summit

 

 

No change required: This recommendation from the Morden Commission was made in response to a discrete issue arising during the G20 Summit. As a recommendation without broader application, it is not applicable to the Ottawa Police Services Board.

 

 

  1. Amendment to Board Policy LE-016 – Prisoner Care and Control to ensure compliance with the Youth Criminal Justice Act

 

 

Support:  amendment to be made.

 

  1. Amendment to Board Policy LE-016 – Prisoner Care and Control to ensure separation of male, female, transgendered, and transsexual prisoners

 

 

Support:  amendment to be made.

 


ANNEX B

 
 


Policy Number:                    Policy Subject:

 

CR-16                           MAJOR EVENTS

 

LEGISLATIVE REFERENCE / AUTHORITY

Police Services Act, R.S.O. 1990, sections 31 (1)(b), 31 (1)(c) and 41 (1)(a)

 

DATE APPROVED

 

DATES AMENDED

 

DATE TO BE REVIEWED

 

REPORTING REQUIREMENT

 

 

LEGISLATIVE REFERENCE / AUTHORITY

 

·                Section 31(1)(b) of the Ontario Police Services Act states that a board shall “generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality”.

 

·                Section 31(1)(c) of the Ontario Police Services Act states that a board shall “establish policies for the effective management of the police force”. 

 

·                Section 41(1)(a) of the Ontario Police Services Act provides that the duties of the chief of police include “administering the police force and overseeing its operation in accordance with the objectives, priorities and policies established by the Board under subsection 31 (1)”.

 

INTRODUCTION

 

From time to time, the City of Ottawa is the site of major events that are outside regular day-to-day police operations and require a higher than normal degree of resources, advance planning, and partnerships with other levels of government, police agencies and City departments.  They may also present a higher than normal level of potential risk to public order and security.

 

During the planning and implementation of such events, the role of the Police Services Board is to provide appropriate civilian oversight and governance to ensure the continued delivery of adequate and effective police services in the City of Ottawa, as it is mandated to do under the Police Services Act.  In order to fulfil its statutory responsibility of determining objectives, priorities, and policies for the police service and, in the context of this policy, for major events, it is critical that there be an open exchange of information between the Board and the Chief of Police. 

 

This policy sets out the Board’s expectations with regard to major event planning and policing, and provides direction to the Chief of Police to ensure the Board’s expectations and obligations are met.

 

 

DEFINITION

 

A Major Event is defined as an exceptional, out-of-the-ordinary policing operation or event that is characterized by one or more of the following:

 

a)    Is a federally designated meeting involving international representatives

b)    Involves an “internationally protected person”

c)    Will tax the Service’s ability to provide regular policing services to the citizens of Ottawa

d)    Requires resources from other police agencies

e)    Is a major community event that has the potential to significantly disrupt public peace, order or security

f)     Is designated as such by the Chief of Police.

 

 

BOARD POLICY

 

1.         Communication & Consultation with the Board

 

It is the policy of the Ottawa Police Services Board with respect to the planning and policing of Major Events that the Chief of Police will ensure that:

 

1.         The Board is informed as soon as is practicable when there is a reasonable possibility that the Ottawa Police Service may be involved in the policing of a major event. 

2.         The Board is provided, at the earliest possible stage, with sufficient relevant operational and other information to allow it to understand details of the major event, what legislation and other legal requirements may apply to the policing of the major event, the role that other organizations may play, any existing Board policies that may apply, or any new policies that might be required.

3.         The Board is consulted in determining the mission and appropriate objectives, priorities and policies for the major event.  Once these have been defined, the Police Service will maintain the autonomy to develop and execute the appropriate operational plans.

4.         The Board is provided with sufficient information to allow it to ensure that operational plans:

a.        Are consistent with the mission and objectives;

b.        Are consistent with applicable Board policies; and

c.         No additional policies are required to provide guidance to the Police Service. 

 

Through this review process the Board may provide recommendations to the Chief where it believes the mission, objectives and priorities are not being achieved.  However, the Chief remains free to accept or reject the Board’s recommendations.

 

5.         The Board is advised of what mechanisms exist to capture, during the planning process, the input of those who will have operational decision-making responsibilities during the event, and what testing of the operational plans will be conducted before the event.

6.         The Board is advised of continuity of service plans so that it can assure itself that the rest of the City will be adequately and effectively policed during the major event.

7.         The Board receives confirmation that a complete operational plan has been created that addresses all applicable policies and procedures. 

8.         The Board is provided with regular updates on the progress of the Ottawa Police Service’s planning for the policing of the event.

 

2.         Major Events Hosted by a Government Entity

 

When the Police Service is asked to develop operational plans to police a major event hosted by a government entity, the following provisions will apply:

1.         As soon as the Board learns of the potential for Ottawa to be selected as the host city for an event sponsored by the federal or provincial government, the Board shall make a formal request to the host government that it be consulted in advance of final decisions being made on matters relevant to the Ottawa Police Service’s policing function at the event.  In particular, the Board shall request that it receive information that will enable it to understand the Ottawa Police Service’s role at the event, the proposed decision-making structure and process, the legal framework applicable to the event’s policing, and any other relevant information.

2.         The Chief shall review whether there is sufficient time to plan for the event and specifically, whether the adequacy and effectiveness of policing for the event may be compromised by the time available to plan.  If the adequacy and effectiveness of the Ottawa Police Service’s policing may be affected by the amount of time available for planning, the Chief shall advise the Board and the Board will communicate this to the government entity hosting the event, and seek assistance to address challenges and gaps.

3.         The Police Service shall negotiate a framework funding agreement with the host entity setting out the funding and reimbursement conditions with respect to the Ottawa Police Service’s expenses associated with planning and policing the event.  The agreement shall be reviewed by the Board Solicitor for potential risk and financial exposure, and the Board will be a signatory to the agreement. 

4.         When the RCMP will be involved in an international event for which security arrangements are required, and they include the participation of the Ottawa Police Service, the Board should encourage the federal and provincial governments to enter into an arrangement under section 10.1(4) of the Foreign Missions and International Organizations Act (FMIOA).  Furthermore, the Board should seek an opportunity to provide input concerning the details of such an arrangement with respect to the policing functions that the Ottawa Police Service can fulfill for the event and the legal authorities on which the Ottawa Police Service’s involvement will be based. 

 

3.         Multi-Jurisdictional Policing Events

When the Ottawa Police Service is involved in a joint operation related to the policing of a major event, the following provisions will apply:

1.         A formal agreement will be entered into with any other police agency assisting the Ottawa Police with policing a major event in Ottawa, or with other police agencies that have asked the Ottawa Police Service to assist them in their jurisdiction.  The agreements shall be reviewed by the Board Solicitor and the Board shall be a signatory to them. 

2.         Formal agreements with other police agencies that are providing personnel to assist the Ottawa Police Service with an event in Ottawa shall set out the Ottawa Police Board policies and Ottawa Police Service procedures that will apply to police personnel who are under the command and control of the Ottawa Police Service.  These policies shall include the requirement that all uniformed officers must wear name badges at all times.  If external police officers violate identified Board policies or Ottawa Police Service procedures while carrying out their duties in assisting the Ottawa Police Service, the home board or their complaints and disciplinary oversight body shall have the authority to discipline those officers.  This should also be stated in the formal agreement.

3.         The Board shall be provided with detailed information and briefings concerning the planning structure, including the Ottawa Police Service’s role in that structure, and whether planning decisions by the Ottawa Police Service are subject to the approval of any other entity.

4.         The Board shall be provided with information concerning the command and control structure for the event.  The Board shall assure itself that the command and control structure will enable the Ottawa Police Service to adequately and effectively provide police services for the event and for the rest of the City of Ottawa. 

5.         The Board shall receive sufficient information on training developed by the Ottawa Police Service for a major event and offered to its own officers and external police officers seconded to assist the Ottawa Police, to assure itself that training will be provided, whether any gaps exist in Board policies that need to be addressed prior to the event, and how the Ottawa Police Service plans to monitor compliance with the training. 

 

4.         Mass Demonstrations, Arrests and Detention

 

The Chief shall ensure that:

 

1.         There is a policy in place to deal with crowd control at mass demonstrations that addresses:  necessary preparation times for adequate planning; command structures; the organization and dissemination of intelligence; incident management systems; the adaptation, if necessary, of existing services procedures for use during the contemplated event; and, training.

2.         There is a policy in place pertaining to mass detention that includes the specific procedures required to adequately address the rights of a large number of prisoners, and that the procedures are in accordance with current Canadian legal standards. (Morden Recommendation #35)

3.         There is an operating plan for a temporary mass prisoner processing centre if one is needed.  The plan shall address the design and processes for the facility, including procedures concerning prisoner care and management.  The Ontario Ministry of Community Safety and Correctional Services should be consulted with respect to the development of this operational plan. 

4.         The Board is provided with sufficient information to be assured that the above-noted plans and policy requirements are in place.