Modernizing the Police Services Act
As I enter my 76th year, I am asked to recollect the actions that took place in 1989 and 1990 in my role as Solicitor General culminating in the introduction and passage of the Police Services Act.
Thirty-five years have since passed but I certainly do recall that the passage and proclamation of this Legislation took place on the last day of the sitting of the session.
I also remember that, as Solicitor General, I had the privilege and honour of the carriage of this legislation after so much work had been completed by my predecessors Ken Keyes and most importantly the late Joan Smith. Additionally, I was fortunate to have a tremendous staff and a supportive bureaucracy led by a dynamic Deputy Minister.
The backdrop
The Province was changing in so many ways. The Ontario of 1989 was much different than that of 1946 when the Police Act was last passed. A new form of governance around policing was necessary. Yes, the role of Ontario’s police had evolved to meet the challenges of policing environment, but the legal framework, the Police Act, has fallen behind.
It was time for fundamental change. We were at a cross-roads in policing. A new vision was required. There was an undeniable need to stress the value of police service over police force. The times demanded a piece of legislation that dedicated itself to the provision of safe and secure communities.
Today, that need is still a priority for the people of this province. And so, as some things change, so some things remain the same. I recall in very general terms there were 4 stages to this journey.
As challenging as the task at hand might be, it was made all that much easier as I had the privilege and support of the Premier in proceeding in a manner that embraced the phrase “tabula rasa”. A blank slate. Create a piece of legislation that is a mirror of the province.
First stage
The first stage was the fact that signficant events in the community demanded a change to policing. It was undeniable that a growing schism evolved between visible minorities and the police charged with the responsibility of protection.
Second stage
The second stage was the response to these community events. This response culminated in the creation of a Task Force on Race Relations and Policing. That task force was chaired by Clare Lewis with the membership of Dr Ralph Agard, Kamala-Jean Gopie, Chief James Harding, T. Sher Singh and Roy Williams.
I take a moment to once again recognize the previous Solicitor General, the late Joan Smith who spearheaded this initiative. The task force was asked to address the very serious concerns of visible minorities respecting the interaction of the police with their own communities. The work and outreach of the task force produced 57 recommendations.
Third Stage
In November 1989 , as Solicitor General, I responded to the 57 findings by advising the Legislature that our government accepted the fundamental principles underlying those recommendations ].
We clearly indicated that we would be acting upon the great majority of the recommendations which included:
- The establishment of a special investigative unit,
- Limits on the use of force by police; and,
- Comprehensive measures in employment equity, police-community relations, training and recruitment.
Those were just a few of the many important recommendations of the Task Force.
Special Investigation Unit
Much attention had been placed on a special investigative unit to investigate police shootings. The task force recommended that the unit be composed of seconded police officers from a number of forces, together with a civilian component.
In my statement in the legislature I indicated that our government would not only accept this recommendation but would go beyond it by establishing a permanent unit of trained investigators within the Ministry of the Solicitor General.
We further indicated that we would again go beyond this recommendation by directing the unit to investigate incidents of any actions involving police which result in death or serious injury. And, in keeping with the principle of the recommendation, investigations by this unit would be overseen by a civilian well-versed in criminal law, who will have the stature and knowledge required to carry out this function.
Limits on the Use of Force
Our Government addressed the recommendation by the task force to limit discretion in the use of force and firearms by police.
As Solicitor General this was a matter within the authority of the Attorney General who committed to petition the government of Canada to undertake appropriate amendments to the Criminal Code.
Comprehensive measures in employment equity, police-community relations, training and recruitment
The Ontario of 1989 was much different than that of 1946. The Task Force recommended there be a legislated, mandatory employment equity program for policy services. Our response was to commit to bringing forward a legislated mandatory employment equity program for all police services with initial measures taken for visible minority men and women.
This direction on recruiting was further expanded in response to the recommendation of the establishment of a central recruiting unit within the Ministry of the Solicitor General to provide assistance to all police services in their recruitment efforts, with special emphasis on visible minority officers.
Police Training
One final area that I recall is the recommendations on police training. It was acknowledged that much work had already been completed in this area. But it was necessary to ensure that training was followed by a retraining program to address evolving issues.
This response by the Government to the Task Force recommendations was to build on a solid and strong foundation for the advancement of policing and police-community relationships and maintain safe and secure communities.
Fourth stage
Now that our response to the Task Force had been tabled with the Legislature in November 1989, it was time to introduce the legislation. This took place in December 1989.
The Act was founded on a declaration of principles which recognized the need for close working relations between police and the community; providing safety and security for all persons; sensitivity to the multiracial and multicultural reality of Ontario; respect and sensitivity for victims of crime, and provision of policing services consistent with the spirit of the Charter of Rights and Freedoms and the Ontario Human Rights Code.
The emphasis on service reinforced the government’s determination to ensure the highest quality of police service for all citizens of Ontario. As we committed in our initial response, the legislation included mandatory employment equity programs in all police forces; a special investigations unit, and provision for regulation of police pursuits.
Of course making our streets and communities safe and secure by enforcing the law remained a vitally important function of the police and could not be forgotten or stated enough. However there was a recognition by our government that crime prevention, education and community-oriented services were as much a part of policing as law enforcement. We used the example that in the areas of sexual assault and spousal assault, police act not only as law enforcement officers but also provide much-needed assistance to victims.
As true as that was in 1989 so it is today.
Conclusion
Under the leadership of the Premier, all those that had a hand in this legislation were undaunted with the task before them. They created a piece of legislation that did justice to the Task Force, to the concerns of community and to the policing community at large.
Our government recognized the value and importance of our system of law enforcement and the contribution which the men and women of our police forces make each day to maintain safe and secure communities. The Police Services Act was designed as legislation for the people and the police and provide the catalyst for enduring partnership.
