BILL 175 THE SAFER ONTARIO ACT CAPG Fred Kaustinen 10 Aug 2018
AGENDA Journey Bill 175 Overview Changes in operations: waterways policing Changes in governance paradigm Next steps: new govt, regulations, training
Legislative possibility? The Journey Legislative norm? Legislative possibility? Legislative future https://www.youtube.com/watch?v=ystdF6jN7hc Is your current legislation keep you guessing? Does the lack of clarity regarding governance of police operations bother you? Do you wish legislation would clarify your power and our limits? Wouldn’t it be great if legislation empowered you to provide maximum benefit to your community? Wouldn’t it be great to have clear legislation about where your governance job starts and ends with respect to police operations? Let’s talk about going from a governance fog to governance clarity, and you’ll have some ideas on how your own legislation could be improved
Jan 2012 DM: current model not sustainable The Journey Jan 2012 DM: current model not sustainable May 2012: FPAC created - 200 meetings First Reading 2 Nov 2017 Proclaimed mid-May 2018; effective 1 Jan 2020 New majority govt elected June 2018 400 pages, several acts, including the new Police Services Act. 330 mentions of “regulations”, so lots still to do
The Journey – OAPSB PRIORITIES Creating a stronger police governance system Modernizing police labour practises and procedures Facilitate Alternate Service Delivery (ASD) Improve police oversight Mandating interagency cooperation As per member survey results 2016
RESULTS- stronger governance system Police governance has been extended to 200 more communities (total 444), thru OPP Detachment boards Provincial legislation regarding community safety is extended, on a voluntary basis, to all First Nations. Police service boards are now responsible to provide adequate and effective policing in the area for which it has policing responsibility (previously a municipal responsibility).
RESULTS- stronger governance system Board authority regarding police operations is clarified, as are restrictions Boards will be required strategic policies regarding certain types of police operations identified in Regulations Boards may not make policies or decisions for single, specific police operations, events or officer’s management/discipline/ deployment
RESULTS- stronger governance system Emphasis is placed on board strategic plans. The Minister is now responsible to develop, promote and provide education and training to police boards. All appointees “shall not exercise the powers or perform the duties of a board member until the training is completed”
RESULTS - Modernizing police labour Persons other than board members (such as lawyers) may conduct collective bargaining on behalf of a police service board, without police board members being present Limited SWOP
RESULTS – facilitate asD Boards have much more flexibility in how and who police services are provided, including alternate service delivery (ASD) options.
RESULTS – improve oversight IAW Justice Tulloch IPOR: Centralized, province-wide intake & investigation of public complaints by mix of ½ former-police and ½ never-police investigators Centralized police discipline public tribunals with prosecutions by crown attorneys (opportunities for informal resolution of less serious offences) New transparency regulations by SIU for police-involved death, serious injury and now police firearm discharge
RESULTS – interagency cooperation Compulsory community safety and well-being plan will be the catalyst for cooperation between various human and health services, including police. Municipal responsibility. No plan, province appoints planner, and municipality pays for them
OTHER CHANGES Detailed guidelines on open and closed meetings Former police must wait 2 years to become a board member, and can’t be on the board of their previous service Municipalities need diversity plans re: council appointments Inspector General Police boards now universally-responsible for waterways policing https://www.youtube.com/watch?v=hKTEEm9wCeU
It is not governance OR operations, Final thoughts It is not governance OR operations, Rather governance OF operations https://oapsb.ca/about-us/