Ontario police officers can be suspended without pay for misconduct, unsatisfactory performance
Ontario’s 34-year-old law governing policing in the province will see an overhaul starting in April — meaning changes for several areas, including oversight and discipline.
The Community Safety and Policing Act will take effect April 1, a full five years after it was passed, reported The Canadian Press.
But changes around suspensions without pay are generating concern from some.
Police officers can be suspended without pay
The Community Safety and Policing Act allows a chief of police to impose any combination of disciplinary measures on a police officer who is a member of the chief’s police service – other than a deputy chief of police – if an investigation gives the chief of police reasonable grounds to believe that the officer has engaged in conduct that constitutes misconduct or unsatisfactory work performance.
These disciplinary measures include:
- Suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be.
- Direct that the police officer forfeit not more than three days or 24 hours pay, as the case may be.
- Direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be.
- Reprimand the police officer.
- Direct that the police officer undergo specified counselling, treatment or training.
- Direct that the police officer to participate in a specified program or activity.
Recently, a police officer in Ontario was demoted after pleading guilty to two charges under the Police Services Act.
Inspector general to monitor police services
The law creates the position of inspector general who will be appointed to inspect and monitor how police services, police boards and chiefs are complying with the new law, as well as investigate alleged misconduct by police service board members.
The inspector general will also have the power to remove people from leadership positions.
The inspector general will hold the following duties:
- monitor and conduct inspections of various police services to ensure that they comply with the Act and the regulations
- consult with and advise police service services regarding compliance with the Act and the regulations
- monitor and conduct inspections of members of police services to ensure that they do not commit misconduct
- develop, maintain and manage records and conduct research and analyses regarding compliance with the Act and the regulations
- deal with complaints under the act
- submit an annual report to the minister of community safety and correctional services.
Last year, the presence of a licensed, fully stocked bar inside Toronto police headquarters went under scrutiny after a police officer was charged with impaired driving.
Feedback from police association
Police unions have expressed concerns about broadening provisions for suspension without pay, noting that unless an officer has been convicted, they are entitled to a presumption of innocence.
Mark Baxter, president of the Police Association of Ontario, believes the new rules strike a good balance.
An officer is entitled to the presumption of innocence unless they are convicted, claimed the union, reported The Canadian Press in an article posted on CBC and Global News.
“When we have some really serious and horrific cases that involve allegations that involve police officers, we understand the public’s expectation that the member is not going to continue to be on the payroll,” said Baxter in the report.
The law did not specify whether an officer could recover lost wages if they are ultimately acquitted, he said.
Meanwhile, the Ontario Human Rights Commission said the new expanded rules on suspension without pay and the creation of the inspector general position, as well as provisions around gaps in oversight, are positive developments.
The commission also said it is “encouraging” that under the law, municipalities developing community safety and well-being plans must consult with members of the public, including youth, people who have received or are receiving mental health or addictions services, members of racialized groups and First Nation, Inuit and Metis people, according to The Canadian Press.
However, the human rights commission said not all of its suggestions were incorporated in the law, such as those around Tasers and responding to people in crisis.
Earlier this month, a former human resources director of the Calgary Police Service (CPS) claimed that the workplace is rife with harassment, bullying and discrimination – and she experienced it firsthand.
