Ministry of Community Safety and Correctional Services Suspension – with and without pay – where are we? OAPSB Conference November 20 th, 2014 International Hotel Ron G. Bain Executive Director OACP

Ministry of Community Safety and Correctional Services The Challenge Question… Currently in Ontario, police officers that have been charged with an offence can be suspended with pay, or have their duties modified, should the Chief feel that the continuance of their current duties bring undue risk to the public, fellow officers or the service’s reputation. There are no provisions for suspension without pay.

Ministry of Community Safety and Correctional Services3 Presentation Purpose To provide a perspective from the OACP on the issue of Suspension without Pay (SWOP) proposal. The importance of the on ongoing discussions at the Future of Policing Advisory Committee (FPAC). To provide an opportunity for OAPSB delegates to ask questions.

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Rank Count of Suspended Officers Constable110 Sergeant13 Staff Sergeant3 Inspector2 Staff Inspector1 Grand Total129 In 2012, did your service suspend an officer with pay? 52 services responded 27 services suspended an officer 129 suspensions (there are over 27,000 police officers in Ontario)

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Age Count of Suspended Officers 24 and under (blank)6 Grand Total129 Years of Service Count of Suspended Officers 4 and under and over1 Grand Total129

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Count of Suspended Officers PSA Grand Total NoYes Criminal Code No34548 Yes Grand Total Gender Count of Suspended Officers Female16 Male112 (blank)1 Grand Total129

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Suspended for PSA Charges Count of Suspended Officers No52 Yes77 Grand Total129 Suspended for Criminal Charges Count of Suspended Officers No48 Yes81 Grand Total129

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Other Reasons for Suspension 1.Bill 168 investigation 1.Criminal charge 1.Criminal Investigation 1.for the initial suspension for investigation of sexual assault 1.Mental Health related issue 1.Officer terminated On or Off Duty Count of Suspended Officers Both On and Off Duty21 Off Duty56 On Duty52 Grand Total129

Ministry of Community Safety and Correctional Services OACP Suspension with Pay 2012 Survey Summary Court/Prosecution Costs Total: $1,843,465 Other Costs Total: $453,922 Costs associated with 2012 suspension and after are expected to total: Total: $2,988,615 Length of Suspension: Total: 31,416 days Salary Costs: Total: $6,443,157

Ministry of Community Safety and Correctional Services OACP stated at FPAC that its position on suspension without pay is outlined in three documents: The 2007 resolution, the 2010 white paper, and the 2014 resolution.  Through the 2007 resolution and 2010 white paper, the OACP called for an amendment to the PSA to permit Chiefs/the OPP Commissioner to suspend police officers without pay in certain circumstances, namely; when the police officer is charged with a serious criminal, CDSA or other federal statute offence and, where the officer is charged with an offence and is held in custody or subject to court conditions that would prevent the officer from carrying out their policing duties. 10

Ministry of Community Safety and Correctional Services The OACP position on SWOP The overarching premise for this is to maintain public trust and its subsequent erosion when police officers commit serious offences that are not related to their oath of office and related duties as a police officer. 11

Ministry of Community Safety and Correctional Services The OACP position on SWOP  The 2014 resolution is to be viewed in conjunction with the other two documents and calls for the additional authority of the Chief/Commissioner to suspend without pay a police officer for serious PSA misconduct. The allegation of serious PSA misconduct also represents a fundamental breach of public trust and therefore, suspension without pay provisions would be reserved only for those very serious misconduct allegations that would warrant dismissal 12

Ministry of Community Safety and Correctional Services So what is happening with the SWOP issue? Off-line discussions with some FPAC stakeholders & MCSCS Seek agreement on the principal issues Define & agree to a process Make recommendations to the FPAC Steering Committee Target the December 16 th meeting. 13

Ministry of Community Safety and Correctional Services 14 Future of Policing Roadmap Vision: Professional and culturally appropriate policing that is grounded in integrated, multi-disciplinary partnerships that harness the strength of our communities and public safety partners. This comprehensive, effective and efficient approach will be rooted in strong local governance, evidence- based research and modernized educational practices that are outcomes-based, measurable and community-focused. Mission: Planning for effective, efficient and sustainable delivery of policing services to enhance community safety in Ontario. Guiding Frameworks: (A) Planned approach to community safety and well-being (B) Measuring performance Goal 1: Effective Governance and Oversight Outcome: Enhanced governance through clear and sound direction and evidence-based decision making Goal 2: Strategic Use of Resources Outcome: Effective use of public safety resources including services, infrastructure and people Goal 3: Shared Commitments Outcome: Achieve common goals and address complex community safety issues through collaboration, including other human services sectors and levels of government Strategies o Policing requirements that are outcomes- based and balance provincial direction with appropriate local governance o Provide clear leadership and sound direction through standardization of processes and mandatory training o Make informed decisions based on evidence o Modernization of legislative/regulatory framework to meet current needs Strategies o Integrate public safety services offered by police and other community safety providers, which are currently delivered independently o Use alternative service delivery models to deliver police services more effectively and efficiently o Maximize efficiencies in police operations Strategies o Establish partnerships and generate awareness of opportunities to collaborate for improved service delivery, including with the public o Collaborate with partners to implement specific community safety projects o Partner with Ontario First Nations communities and the federal government on a potential legislative basis for First Nations policing

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Ministry of Community Safety and Correctional Services Thank You!