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BlueLine.ca

November 2016

SEEKING THE VICTIMS A four pillar approach WR KXPDQ WUDI¿FNLQJ

November 2016 Volume 28 Number 9

Features 10

Seeking the victims

$ IRXU SLOODU DSSURDFK WR KXPDQ WUDI¿FNLQJ

TTC Chief Supervisors – an emergency response partner

Trains don’t stop for police

Order of Merit of the Police Forces

Birdies for brain tumours

The comfort-zone trap

Creating a space for everyone

Departments 12

30 30 20 28 21 29 28 5 22

Advertisers Index Back of the Book Deep Blue Dispatches Holding the Line Market Place Product Showcase Publisher’s Commentary Technology

Case Law 18 BLUE LINE MAGAZINE

No established privacy interest neuters charter challenge

Police have duty to ensure safety

NOVEMBER 2016

Blue Line

PUBLISHER’S COMMENTARY by Morley Lymburner

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A whole new level of reality TV I’ve long been puzzled by police naivete about the media. Most agencies deal with media daily and have developed familiar relationships with reporters. Despite this police managers struggle to appease the tyranny of special interest groups and overlook the hidden media agendas on the horizon. Here is a good case in point. The Toronto Police Services Board received a rather indepth study Sept. 22 on its year-long body camera pilot program. A media lovefest began immediately. Radio, newspapers and especially television spoke glowingly about the study, highlighting its positive aspects again and again. Read beyond the positive excerpts and you ¿QG D EDODQFHG VWXG\ WKDW UHÀHFWV VRPH YHU\ disturbing, and even crippling, encumbrances. 7KH UHSRUW QRWHG IRU H[DPSOH WKH VLJQL¿FDQW LQFUHDVH LQ RI¿FHU GRZQ WLPH HVSHFLDOO\ DW the end of shifts when they had to catalogue their videos. In some cases it took as much as two hours. Other negative aspects included the expected cost of storing, maintaining, retrieving and cataloguing video. These issues are not minor and the expense is likely to be monumental. Problems encountered on the street included battery drainage and close quarter recordings blurred with the hyperactivity of an altercation. Sound issues and the psychologiFDO HIIHFW RI RI¿FHUV IHHOLQJ WKHLU GLVFUHWLRQDU\ SRZHUV ZHUH VLJQL¿FDQWO\ UHGXFHG ZHUH DOVR concerns. On this last point it was discovered the incidents of arrests and charges increased VLJQL¿FDQWO\ DV FDXWLRQV GURSSHG 7KH VLJQL¿FDQW EXGJHW LQFUHDVH UHTXLUHG WR roll out the body camera program and reduced cautions had me wondering why media folks were so fond of the concept. Most media reports (other than Canadian Press) strongly emphasized the positive points with nary a word about the downside. Toronto Police Chief Mark Saunders did voice his concerns but cushioned them with TXDOL¿HUV WKDW WKH QHJDWLYH LVVXHV ZHUH QRW insurmountable and that he supported the fundamental concept. 0RVW IURQW OLQH SROLFH RI¿FHUV DUH FDXWLRXV about getting too close to media folks. This is born from too many scoops obtained at the expense of some poor schmuck copper who thought he was talking “off the record.” Most RI¿FHUV SUHIHU WR GHIHU DOO TXHVWLRQV WR D KLJKHU authority. One wonders how this aspect of a street cop’s personality might skew an accurate DQDO\VLV RI ERG\ FDPHUDV :HUH WKH RI¿FHUV selected for the study of the mindset that new toys are more fun than old toys? 5

I save the worst to last. The report did not touch on the current obsession with ‘reality TV.’ Every network in North America and beyond is searching every nook and cranny of society, trying to ‘get real’ with audiences. Shows like COPS and Border Security attract millions of eye-balls and satisfy an insatiable appetite for seeing ‘the real thing.’ Body cameras would be a heaven-sent gift to every TV network and visual junky on the Internet. I cannot even begin to imagine all the angles a good television producer could come up with but I picture a tsunami of formal $FFHVV WR ,QIRUPDWLRQ 5HTXHVWV ÀRRGLQJ LQ WR every police agency with body cameras. With big advertising dollars bankrolling the entire concept I can imagine, even in the simplest form, a request for the footage of HYHU\ RI¿FHU LQ D KLJK FULPH QHLJKERXUKRRG The requests would increase exponentially the ¿UVW WLPH VRPHWKLQJ PDMRU KDSSHQV (YHU\ PXVFOH ÀH[ DQG QXDQFH RI IDFLDO expression would be analyzed by arm-chair quarterbacks across the country, of course. The media would be so giddy that executives would need underlings to nail their shoes to the ÀRRU WR SUHYHQW WKHP ÀRDWLQJ DZD\ Meanwhile, back at the police station, FULPH ¿JKWLQJ ZRXOG QRZ WDNH D EDFNVHDW WR IXO¿OOLQJ WKH QXPHURXV UHTXHVWV IURP PHGLD lawyers and curious citizens with time on their KDQGV 2I¿FHUV ZRXOG EH IRUFHG WR WDNH FRXUVHV on library cataloguing and video editing. Even if my predictions never come to pass, there is one other factor to consider. The word RI DQ RI¿FHU ZLOO EHFRPH PHDQLQJOHVV LQ WKH courts. At one time the idea of background FKHFNV IRU FDQGLGDWH RI¿FHUV ZDV WR HQVXUH WKH\ ZHUH ¿UVW DQG IRUHPRVW KRQHVW DQG VHFRQGO\ VPDUW $Q RI¿FHU¶V FUHGLELOLW\ LQ JLYLQJ viva voce evidence was paramount and not to be compromised. With the advent of technology one can assume no court in the country will be happy hearLQJ RQO\ IURP DQ RI¿FHU µ:KHUH¶V WKH YLGHR"¶ Every charge laid will have to be accompanied by video of the incident and woe betide WKH RI¿FHU ZKR FDQ QRW SURGXFH LW LQ SULVWLQH 1080P. If the capability is there the courts will demand it. Are we ready for this brave new world?

NOVEMBER 2016

SEEKING THE VICTIMS A four pillar approach WR KXPDQ WUDI¿FNLQJ by Tony Palermo It’s mid-morning and A/Sgt. Yves BroFKX ZLWK WKH 5&03¶V +XPDQ 7UDI¿FNLQJ National Coordination Centre (HTNCC) is feeling the pressure. His comments on three KLJK SULRULW\ KXPDQ WUDI¿FNLQJ UHSRUWV DUH due by mid-afternoon. One report is for the Catholic Church’s Santa Marta Group, an international alliance of police and bishops working together to eradiFDWH KXPDQ WUDI¿FNLQJ $QRWKHU GHDOV ZLWK D new Citizen and Immigration Canada initiative and the third is for a UK theatre production. All the while, the emails keep coming and the to-do pile continues to grow. Asked how he manages it all, Brochu laughs and says it’s just a typical day. “Whether you’re at the HTNCC or workLQJ KXPDQ WUDI¿FNLQJ LQ D PXQLFLSDO VHUYLFH the subject matter and workload can be very GHPDQGLQJ ´ KH VD\V ³(YHU\ SROLFH RI¿FHU ZKR ,¶YH PHW WKDW ZRUNV LQ KXPDQ WUDI¿FNLQJ DOZD\V looks at the work as more than just a job.” Fighting slavery Located at the RCMP’s National Headquarters in Ottawa, the HTNCC was created in Sept. 2005 as a focal point for police efforts WR FRPEDW KXPDQ WUDI¿FNLQJ ± WKDW LV WKH recruitment, transportation, harbouring and/ NOVEMBER 2016

RU H[HUFLVLQJ FRQWURO GLUHFWLRQ RU LQÀXHQFH over a person’s movements to exploit them, typically for sex work or forced labour. +XPDQ WUDI¿FNLQJ LV NQRZQ DV PRGHUQ day slavery because of how severely it violates the basic human rights and dignity of its victims. The HTNCC creation coincides with WKH LPSOHPHQWDWLRQ RI &DQDGD¶V ¿UVW KXPDQ WUDI¿FNLQJ OHJLVODWLRQ XQGHU VHFWLRQV 279.01 through 279.04 of the Criminal Code. Public Safety Canada leads the Anti Human 7UDI¿FNLQJ 7DVN )RUFH WKH 5&03 UHSUHVHQWV law enforcement. It uses the four pillar approach of prevention, protecting victims, prosecuting controllers/offenders and creating domestic 6

and international partnerships. The HTNCC GHYHORSV DQG FRRUGLQDWHV DQWL KXPDQ WUDI¿FNLQJ LQLWLDWLYHV XQGHU ¿YH PDLQ SULRULWLHV • Develop tools, protocols and guidelines to enable investigations. • Coordinate national awareness/training DQG DQWL WUDI¿FNLQJ LQLWLDWLYHV • Identify and maintain lines of communication, identify issues for integrated coordination and provide support. • Develop and maintain international partnerships and coordinate international initiatives. • Coordinate intelligence and disseminate information/intelligence. BLUE LINE MAGAZINE

“Essentially, the HTNCC is the portal between the Government of Canada and our other provincial and municipal policing partners, as well as NGOs and other stakeholders both domestically and internationally,” explains Brochu. “We’re involved in a lot of networking and intelligence and best practices sharing.” %URFKX SRLQWV WR WKH -XQH ) *UDQG 3UL[ in Montreal as an example. The HTNCC was part of the RCMP’s Joint Operations Centre, supporting and sharing information with Justice Canada, CBSA, the Service de Police GH OD 9LOOH GH 0RQWUHDO WKH )%, DQG WKH 86 Department of Homeland Security. He also refers to the I’m Not For Sale huPDQ WUDI¿FNLQJ DZDUHQHVV FDPSDLJQ D VHULHV of educational posters, videos and information packets the HTNCC developed in 2012, which are still relevant and in use today. The material was distributed through a local NGO to recently arrived Syrian refugees, says Brochu, noting “it’s another example of how we work with our partners to help create awareness.” Challenges The HTNCC “must go beyond raising awareness and providing training to actively WDUJHWLQJ DQG GLVUXSWLQJ KXPDQ WUDI¿FNLQJ operations in Canada,” recommends author Benjamin Perrin in his 2010 book, Invisible Chains: Canada’s Underground World of +XPDQ 7UDI¿FNLQJ. Perrin said at the time that the HTNCC was led by a national coordinator and had only ¿YH SROLFH RI¿FHUV DQG WZR FLYLOLDQ DQDO\VWV Unfortunately, the unit now consists of only WZR VZRUQ PHPEHUV ± %URFKX DQG D SDUWQHU who recently joined. The other sworn position was vacant at the time of this writing. There are WZR FLYLOLDQV ± DQ DGPLQLVWUDWRU DQG DQ DQDO\VW who develops intelligence products to identify trends, indicators and patterns. Although Brochu has only been with the HTNCC for the last year himself, the 30-yearYHWHUDQ RI¿FHU KDV \HDUV RI WUDLQLQJ DQG LQWHUnational experience dealing with similar types of crimes. Despite the reduced staff, Brochu is looking to invigorate the HTNCC so it can KHOS LGHQWLI\ DQG ¿JKW KXPDQ WUDI¿FNLQJ “We’re starting to facilitate most of the training to NGOs and local law enforcement QRZ WKDW DZDUHQHVV DERXW KXPDQ WUDI¿FNLQJ is catching on,” explains Brochu. “As Canada’s national law enforcement agency, I believe we need to take more of an operational role to be a more effective law enforcement portal.” Brochu says the RCMP has stepped up its participation in Operation Northern Spotlight, DQ DQWL KXPDQ WUDI¿FNLQJ LQLWLDWLYH 0RUH WKDQ 60 RCMP members participated in the last project, held in late-2015, and he expects a continued high level of involvement.

8QGHUVWDQGLQJ KXPDQ WUDI¿FNLQJ Despite what many people believe, most CaQDGLDQ YLFWLPV RI VH[ WUDI¿FNLQJ DUH &DQDGLDQ born and raised. 8QGHUVWDQGLQJ ZKDW KXPDQ WUDI¿FNLQJ LV ± DQG LVQ¶W ± LV LPSRUWDQW WR UHFRJQL]LQJ DQG ¿JKWing this modern day form of human slavery. +XPDQ VH[ WUDI¿FNLQJ DQG SURVWLWXWLRQ 7KH WHUP KXPDQ WUDI¿FNLQJ KDV EHFRPH PRUH popular over the last few years and, when UHIHUULQJ WR KXPDQ VH[ WUDI¿FNLQJ KDV RIWHQ been used interchangeably with prostitution. While on the surface they may appear to be the same thing or, at the very least, similar, it’s important to understand the clear difference between the two. Most experts (including those ZKR ZLOOLQJO\ ZRUN LQ WKH VH[ LQGXVWU\ DJUHH that prostitution involves free-choice, where a person voluntarily, willingly and under their own FRQWURO FKRRVHV WR SHUIRUP VH[ ZRUN +XPDQ VH[ WUDI¿FNLQJ LV ZKHQ D YLFWLP LV FRHUFHG RU IRUFHG WR SHUIRUP VH[ ZRUN 6LQFH PDQ\ VH[ WUDI¿FNLQJ YLFWLPV GRQ¶W LQLWLDOO\ VHOI LGHQWLI\ DV EHLQJ WUDI¿FNHG ± HYHQ EHOLHYLQJ WKDW WKH\ DUH SHUIRUPLQJ WKH VH[ ZRUN ZLOOLQJO\ ± LW¶V LPSRUWDQW WR UHIHU WR DQG FOHDUO\ XQGHUVWDQG WKH KXPDQ WUDI¿FNLQJ OHJLVODWLRQ ZKLFK UHFRJQL]HV DQG PDNHV SURYLVLRQV WR help address this challenge.

It is also important to remember that the JHQHUDO WHUP KXPDQ WUDI¿FNLQJ DOVR UHIHUV WR forced labour and organ/tissue harvesting. +XPDQ WUDI¿FNLQJ DQG KXPDQ VPXJJOLQJ Although both terms may sound similar and involve moving persons, they are two distinct offences. +XPDQ WUDI¿FNLQJ LQYROYHV WKH UHFUXLWment, transportation, concealment or harbouring of a person for the purpose of exploiting them, usually for forced labour or sexual purposes. The victim is controlled through various methods, including coercion and/ or force, and may even face severe consequences if they attempt to escape. +XPDQ VPXJJOLQJ LV D IRUP RI LOOHJDO migration where a person chooses to be willingly moved across an international border, sometimes under very dangerous conditions, in exchange for money or other FRQVLGHUDWLRQV :KHQ WKH ¿QDO GHVWLQDWLRQ LV reached, the smuggler and the individual go their own way. $FFRUGLQJ WR WKH 5&03 +71&& LQ some cases, a person who has agreed to be smuggled into a country later becomes D KXPDQ WUDI¿FNLQJ YLFWLP DW WKH KDQGV RI the smuggler.

Only as good as the available data Many people, including those in the legal V\VWHP EHOLHYH KXPDQ WUDI¿FNLQJ LQ WKLV FRXQWU\ mostly involves young foreign women but the HTNCC reports more than 90 per cent of sex WUDI¿FNLQJ YLFWLPV DUH &DQDGLDQ ERUQ DQG UDLVHG BLUE LINE MAGAZINE

NOVEMBER 2016

7KH +71&& KDV LGHQWL¿HG FDVHV VLQFH ZKHUH KXPDQ WUDI¿FNLQJ VSHFL¿F FKDUJHV ± s.279.01-s.279.03, s.465 (conspiracy to comPLW KXPDQ WUDI¿FNLQJ s.467.11 (participation in a criminal organization to facilitate or comPLW KXPDQ WUDI¿FNLQJ DQG s.118 (Immigration DQG 5HIXJHH 3URWHFWLRQ $FW ± ZHUH ODLG 2I the 360 cases, 341 involved domestic victims. Brochu is quick to caution, however, that WKH VWDWLVWLFV GR QRW QHFHVVDULO\ UHÀHFW WKH true picture. “One of our biggest challenges is that the reporting of statistics is not mandatory,” he says. “Some agencies send us their stats, others don’t. So, while these stats are at least VRPHWKLQJ WKH\ GRQ¶W QHFHVVDULO\ UHÀHFW WKH WUXH SLFWXUH RI KXPDQ WUDI¿FNLQJ LQ &DQDGD ´ The problem of interpretation becomes apparent when you look at other reported staWLVWLFV )RU H[DPSOH RXW RI WKH FDVHV WKH +71&& UHSRUWV KXPDQ WUDI¿FNLQJ VSHFL¿F

8QGHUVWDQGLQJ KXPDQ WUDI¿FNLQJ OHJLVODWLRQ Known as modern day slavery, human traf¿FNLQJ LV D FRPSOH[ FULPH WKDW VWULSV YLFWLPV RI their basic human rights and dignity. $ 6JW <YHV %URFKX RI WKH 5&03¶V +XPDQ 7UDI¿FNLQJ 1DWLRQDO &RRUGLQDWLRQ &HQWUH +71&& VD\V ODZ HQIRUFHPHQW LV UHFRJQL]LQJ WKDW many people are either coerced or forced into the sex trade and are appropriately treating them as victims instead of criminals. %URFKX VD\V LW¶V LPSRUWDQW IRU RI¿FHUV WR XQGHUVWDQG &DQDGD¶V KXPDQ WUDI¿FNLQJ OHJLVODWLRQ introduced in 2005 under s.279.01 to s.279.04 of the Criminal Code: 7UDI¿FNLQJ LQ SHUVRQV 279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or LQÀXHQFH RYHU WKH PRYHPHQWV RI D SHUVRQ IRU WKH purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable: D WR LPSULVRQPHQW IRU OLIH DQG WR D PLQLPXP SXQLVKPHQW RI LPSULVRQPHQW IRU D WHUP RI ¿YH \HDUV LI WKH\ NLGQDS FRPPLW DQ DJJUDYDWHG assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or E WR LPSULVRQPHQW IRU D WHUP RI QRW PRUH WKDQ 14 years and to a minimum punishment of imprisonment for a term of four years in any other case. CONSENT 1R FRQVHQW WR WKH DFWLYLW\ WKDW IRUPV WKH subject-matter of a charge under subsection LV YDOLG 7UDI¿FNLQJ RI D SHUVRQ XQGHU the age of 18 years 279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of 18 years, or H[HUFLVHV FRQWURO GLUHFWLRQ RU LQÀXHQFH RYHU WKH movements of a person under the age of 18 years, for the purpose of exploiting them or facilitating NOVEMBER 2016

their exploitation is guilty of an indictable offence and liable: D WR LPSULVRQPHQW IRU OLIH DQG WR D PLQLPXP punishment of imprisonment for a term of six \HDUV LI WKH\ NLGQDS FRPPLW DQ DJJUDYDWHG assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or E WR LPSULVRQPHQW IRU D WHUP RI QRW PRUH WKDQ 14 years and to a minimum punishment of LPSULVRQPHQW IRU D WHUP RI ¿YH \HDUV LQ DQ\ other case. CONSENT 1R FRQVHQW WR WKH DFWLYLW\ WKDW IRUPV WKH subject-matter of a charge under subsection LV YDOLG 0DWHULDO EHQH¿W ± WUDI¿FNLQJ 279.02 (1) (YHU\RQH ZKR UHFHLYHV D ¿QDQFLDO RU RWKHU PDWHULDO EHQH¿W NQRZLQJ WKDW LW LV obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 0DWHULDO EHQH¿W ± WUDI¿FNLQJ RI SHUVRQ XQGHU 18 years (YHU\RQH ZKR UHFHLYHV D ¿QDQFLDO RU RWKHU PDWHULDO EHQH¿W NQRZLQJ WKDW LW LV REWDLQHG E\ RU derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years. Withholding or destroying documents 279.03 (1) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity 8

RU LPPLJUDWLRQ VWDWXV ± ZKHWKHU RU QRW WKH GRFXPHQW LV RI &DQDGLDQ RULJLQ RU LV DXWKHQWLF ± LV JXLOW\ of an indictable offence and liable to imprisonment IRU D WHUP RI QRW PRUH WKDQ ¿YH \HDUV Withholding or destroying documents – traf¿FNLQJ RI SHUVRQ XQGHU \HDUV (YHU\RQH ZKR IRU WKH SXUSRVH RI FRPmitting or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or LPPLJUDWLRQ VWDWXV ± ZKHWKHU RU QRW WKH GRFXPHQW LV RI &DQDGLDQ RULJLQ RU LV DXWKHQWLF ± LV JXLOW\ RI an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year. Exploitation 279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe WKDW WKHLU VDIHW\ RU WKH VDIHW\ RI D SHUVRQ NQRZQ WR them would be threatened if they failed to provide, or offer to provide, the labour or service. Factors ,Q GHWHUPLQLQJ ZKHWKHU DQ DFFXVHG H[SORLWV DQRWKHU SHUVRQ XQGHU VXEVHFWLRQ WKH &RXUW may consider, among other factors, whether the DFFXVHG D XVHG RU WKUHDWHQHG WR XVH IRUFH RU DQRWKHU IRUP RI FRHUFLRQ E XVHG GHFHSWLRQ RU F DEXVHG D SRVLWLRQ RI WUXVW SRZHU RU DXWKRULW\ Organ or tissue removal )RU WKH SXUSRVHV RI sections 279.01 to 279.03, a person exploits another person if they cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

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and/or related convictions (i.e., procuring, living of the avails of prostitution, forcible FRQ¿QHPHQW NHHSLQJ D FRPPRQ EDZG\ KRXVH etc.). In other words, while the reporting of WKH FDVHV LV EDVHG RQ KXPDQ WUDI¿FNLQJ VSHFL¿F FKDUJHV WKH FRQYLFWLRQV DOVR LQclude much broader and/or related convictions. 2QH KXPDQ WUDI¿FNLQJ WHDP OHDG VD\V KH UHIXVHV WR VXEPLW KXPDQ WUDI¿FNLQJ VWDWLVWLFV to the HTNCC. “I don’t want to contribute to a SLFWXUH WKDW LV DOUHDG\ VNHZHG ´ VD\V WKH RI¿FHU “Unless everyone is submitting their stats and reporting it the same way, it’s not accurate.” Brochu says he understands the concern. ³7KH RI¿FHU LV ULJKW WKH UHSRUWLQJ RI WKH stats isn’t obligatory so the HTNCC stats GH¿QLWHO\ DUHQ¶W DQ DFFXUDWH SLFWXUH RI ZKDW¶V happening. That’s a major challenge... but at the end of the day, the stats are extremely important. The more participation we get, the more accurate the picture becomes.” Brochu says statistics are useful for establishing a baseline, detailing the scope of the problem and to identify trends. The HTNCC gets many requests for statistics from other government agencies, he notes, and NGOs use them to help develop reports and plan initiatives. “Our senior management is aware of our limitations by not having all of the stats and are working on it,” says Brochu, adding the CACP is helping the effort.

Several Ontario police services seem to agree and already use PowerCase to record WKHLU KXPDQ WUDI¿FNLQJ FDVHV $ -XQH Police Service Act regulations monitoring report prepared by the Durham Regional Police Service (DRPS) shows other police services, including Toronto, Halton, Ottawa, and the OPP, are following the DRPS example. It’s working so well that the DRPS Human 7UDI¿FNLQJ 8QLW ZDV UHFRJQL]HG LQ ZLWK an award for innovation for “Achieving excellence in Major Case Management through the innovative use of technology.” DRPS reports that it received several “hits” both internally and externally in identifying possible links to individuals and criminal RUJDQL]DWLRQV LQYROYHG LQ KXPDQ WUDI¿FNLQJ

PowerCase is not standard throughout the country, however, and agencies do not have to HQWHU KXPDQ WUDI¿FNLQJ FDVHV RU UHSRUW WKHP WR WKH +71&& ± EXW %URFKX UHPDLQV RSWLPLVWLF that a solution will be found. “There’s strength in sharing information and taking a collaborative approach to law enforcement,” says Brochu. “The stats are important to the HTNCC and we look forward to working with all of our municipal partners.” Freelance journalist Tony Palermo is Blue Line’s Eastern Ontario correspondent. He is working on a book about &DQDGD¶V GRPHVWLF VH[ WUDI¿FNLQJ SUREOHP DQG KRZ ZH¶UH struggling to deal with it. Visit him at www.tonypalermo. ca, follow him on Twitter @TCPalermo or email him at tony@blueline.ca .

A collaborative effort Brochu says it’s not just a matter of mandating the reporting of statistics to the HTNCC but dealing with the “fatigue factor” in their capture. There are a number of competing daWDEDVHV DQG RI¿FHUV PLJKW YLHZ DQ DGGLWLRQDO RQH DV ³MXVW DQRWKHU OD\HU´ WR FRQWHQG ZLWK )RU example, he notes each municipality already has its own RMS system. )DWLJXH GRHVQ¶W MXVW DSSO\ WR WKH QXPEHU of databases, he says, but the multiple points of potential data entry error that can occur as the same information is re-entered. He suggests one solution might be to require human trafficking data be entered into major case management software like PowerCase. Ontario already requires agencies to enter certain major offences. Beyond capturing accurate statistics, case management software could detect patterns, identify individuals and help solve crimes DFURVV PXOWLSOH MXULVGLFWLRQV ± XVHIXO VLQFH YLFWLPV FDQ EH VKXIÀHG IURP FLW\ WR FLW\ BLUE LINE MAGAZINE

NOVEMBER 2016

TTC Chief Supervisors

– an emergency response partner by Tom Rataj Incidents on the Toronto Transit Commission (TTC) are often reported through 911, WULJJHULQJ D UHVSRQVH IURP SROLFH ¿UH DQG RU SDUDPHGLFV ± DQG D FULWLFDO DQG FRPSOLPHQWDU\ fourth tier, a TTC Chief Supervisor (CS). )RXU FKLHI VXSHUYLVRUV DUH RQ GXW\ GXULQJ core business hours, ready to deal with a wide range of operational matters. Big transit As Canada’s largest municipal public transit system (third largest in North America), the TTC carries an average 1.7 million passengers daily on 1,550 buses, 185 streetcars, 500 Wheel-Trans/Community buses and up to 610 subway and Rapid Transit (RT) cars. The system has 69 stations (bus, streetcar, or subway) with another 31 under construction. There are more than half a billion passenger trips a year and TTC vehicles travel some 240 million kilometres annually. The corporation employs 13,700 people, mostly vehicle operators, but also managers, ticket-takers, mechanics, specialized trades and custodians. Transit system security is managed by TTC Transit Security Special Constables in both a uniform and investigative capacity, which works closely with the Toronto Police Service. Problems Despite stringent training standards and a focus on system, passenger and driver safety, incidents are inevitable. TTC vehicles and passengers interact with multitudes of vehicles, pedestrians and bicyclists, especially in the busy downtown core. Slips and falls are not uncommon during the winter, when snow and ice can also cause problems with signal and switching equipment. NOVEMBER 2016

Problems can quickly radiate across the entire city, causing delays and service disruptions for more than a million passengers during rush hour. Equipment failures, electrical problems, vehicle breakdowns, collisions, medical and other problems with passengers, criminal activity and other problems are common. When problems occur, a dedicated group of mobile chief supervisors quickly respond to the scene, focusing on quickly restoring service. They work closely with primary emergency services to ensure that each agency’s mandates are met in a timely fashion and without unnecessary delays. They take command and control of all major incidents within their jurisdiction, planning and coordinating all at-scene activities. Cross trained Chief supervisors engage in a variety of cross-training with other services, including emergency situation mock-ups. They are DXWKRUL]HG PXQLFLSDO ODZ HQIRUFHPHQW RI¿Fers and can issue parking tickets to vehicles interfering with TTC operations. They also complete the police level two collision investigation course and have a protocol with the Chief Coroner to expedite restoration of service after subway suicides. A CS, with the assistance of other emergency services, will determine if an event was a suicide, accidental fall or criminal act. 10

The objective is to restore service within 20 minutes. If a declaration of death can be made DW WKH VFHQH D &6 FDOOV WKH FRURQHU¶V RI¿FH IRU authorization to remove the body. :LWK WKH DVVLVWDQFH RI ¿UH RU SDUDPHGLFV the deceased is put in a body bag the CS carries in a subway-incident kit, placed in a stokes basket, lifted from track level and stored in an emergency response room located on each subway platform. The body is guarded by TTC Special Constables until the coroner and body-removal service attends. &KLHI VXSHUYLVRUV GULYH QHZ )RUG ([SHGLWLRQ 689V FXVWRP XS ¿WWHG E\ ' 5 (OHFWURQics of Bolton with a roof-mounted lightbar and arrow stick, Motorola mobile radio, front and rear emergency strobes and a centre console with controls for air-horn, siren and lights. A Panasonic Toughbook mobile computer is af¿[HG WR D UXJJHG PRXQW RQ WKH SDVVHQJHU VLGH Additional equipment includes a Motorola portable radio and BlackBerry smartphone. A multi-drawer storage cabinet in the rear cargo area contains specialized equipment to deal with a wide range of emergencies and situations. Several “specialized response” dufÀH EDJV FDQ UHDGLO\ EH FDUULHG LQWR D VXEZD\ station or tunnel to deal with problems. The chief supervisors carry a police-style memo book to record all activities during their VKLIW ZKLFK DLG LQ ¿OLQJ UHSRUWV DQG RWKHU paperwork. Keeping a large urban transit system operating on time is never easy. The often overlapping responsibilities and needs of the TTC and three primary emergency services creates a challenging interoperability situation that is deftly handled with the help of the TTC Chief Supervisors. Tom Rataj is Blue Line’s editor. He can be reached at tom@blueline.ca.

BLUE LINE MAGAZINE

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TRAINS don’t stop for police

by Scott McCallum CN Police responded to 116 incidents, including 32 fatalities, on CN tracks across 1RUWK $PHULFD LQ WKH ¿UVW VL[ PRQWKV RI DORQH )RXU RI WKH LQFLGHQWV LQYROYHG WUDLQV VWULNLQJ DQG GHVWUR\LQJ SROLFH YHKLFOHV WKDQNIXOO\ QR RI¿FHUV ZHUH KXUW This unusual spike in collisions has caused great concern within the railway industry. Law enforcement should also take notice. CN of¿FHUV DUH ZRUNLQJ KDUG WR UHGXFH LQFLGHQWV E\ LPSOHPHQWLQJ WUDI¿F DQG WUHVSDVV HQIRUFHPHQW VWUDWHJLHV HGXFDWLRQ SURJUDPV DQG ¿QGLQJ ways to reduce risk by partnering with the CN engineering department, local law enforcement and municipal road authorities. &1 3ROLFH ZDV FUHDWHG LQ 2I¿FHUV are sworn in under 7KH 5DLOZD\ 6DIHW\ $FW and are responsible for applying federal and provincial public security laws within 500 metres of their jurisdiction across Canada. CN operates 32,180km of track across Canada and several rail corridors leading to the Gulf Coast in the United States. It employs 25,500 people and transports more than $250 billion in goods annually. Under a formal risk management stratHJ\ LPSOHPHQWHG WKLV \HDU HDFK &1 RI¿FHU targets high risk areas within regions of responsibility. Police and other emergency responders need to remember that trains cannot stop quickly or swerve to avoid a collision with vehicles parked on or near a track. A typical freight train weighing 5,444 metric tonnes and traveling at 90km/h can take more than 1.6km to come to a complete stop, even with the emergency brakes applied. NOVEMBER 2016

On March 16th, 2016, this Montreal Police (SPVM) patrol car got stuck on railroad tracks while responding to a call. 7KH RI¿FHUV¶ VHUJHDQW RUGHUHG WKH YHKLFOH DEDQGRQHG PRPHQWV EHIRUH LW ZDV VWUXFN E\ D FRPPXWHU WUDLQ VR WKH RI¿FHUV were not injured. The SPVM, CP Rail and Agence (AMT) safely evacuated the train and service was restored later. Since WKLV LQFLGHQW RI¿FHUV KDYH UHFHLYHG DGGLWLRQDO VDIHW\ WUDLQLQJ DQG WKH 6390 DQG 76% KDYH ZRUNHG WRJHWKHU WR LPSURYH collaboration and cooperation with police during railway related operations.

,W LV LPSHUDWLYH WKDW RI¿FHUV LQYROYHG LQ SXUsuits, searching for individuals or investigating collisions near railway property stay safe by understand railway operations and train limitations. Two or more tracks run parallel to each another in many areas, and a high speed train traveling in another direction may pass at any time, unaware of police or other emergency responder activity. Even if train operators see activity from a distance, it is unlikely 12

that they can stop before reaching the scene. CN Police offer the following rail safety WLSV VSHFL¿FDOO\ WR ODZ HQIRUFHPHQW RI¿FHUV 1. Notify railway companies Before approaching tracks or entering onto railway property, make sure the railroad has EHHQ QRWL¿HG 3ROLFH GLVSDWFKHUV VKRXOG KDYH DOO the appropriate 24/7 emergency numbers. Make VXUH WUDLQ WUDI¿F KDV VWRSSHG EHIRUH SURFHHGLQJ BLUE LINE MAGAZINE

2. Stay clear of railway tracks Make sure vehicles are parked far away from WUDFNV 7KH VWDQGDUG VDIH GLVWDQFH LV DW OHDVW ¿YH meters from the closest rail. Trains can arrive at anytime and from either direction. Passing trains can kick up debris along the rail corridor, turning it into a dangerous or deadly projectile. 3. Location Provide the rail company with the location of the incident. A railway emergency phone number is usually posted behind the crossbucks at a crossing or on a nearby signal bungalow. 4. Be visible Put on high visibility apparel to maximize visibility before walking onto railway property. 5. Look Always look both ways and listen carefully for approaching trains before crossing tracks. 6. Watch your step Never run or walk on the rails or climb underneath or between railcars. Most railbeds are constructed with very coarse gravel, which may be loose or unstable, raising the tripping hazard. 7. Train crew When engaging train crews at a crash scene, understand that they may be suffering from injuries and emotional stress caused by the collision. Be prepared to provide medical or other assistance.

BLUE LINE MAGAZINE

8. Engagement Engage local rail companies in your jurisdiction to formulate effective response procedures. Make sure you’re aware of your agency’s protocol to handle rail incidents.

Notify the railway when police activity is completed and all personnel have cleared railway property so normal operations can resume. A VLQJOH LQFLGHQW FDQ TXLFNO\ LPSDFW UDLO WUDI¿F for hundreds of kilometers.

9. Communication is key Communicate your location and intentions and always keep your dispatcher informed.

Contact Scott McCallum at scott.mccallum@cn.ca for more information and advice.

NOVEMBER 2016

ORDER OF MERIT OF THE POLICE FORCES 2016 Appointments +LV ([FHOOHQF\ WKH 5LJKW +RQRXUDEOH 'DYLG -RKQVWRQ *RYHUQRU *HQHUDO RI &DQDGD presided over the annual Order of Merit of the Police Forces Investiture Ceremonies DW 5LGHDX +DOO RQ 6HSWHPEHU DQG DW WKH Citadelle in Quebec City on October 5, 2016. The Order of Merit of the Police Forces honours a career of exceptional service or distinctive merit displayed by the men and women RI &DQDGLDQ SROLFH IRUFHV DQG UHFRJQL]HV their commitment to this country. The primary focus is on exceptional merit, contributions to policing and community development.

MEMBERS Chief Superintendent 5RVHPDU\ $EEUX]]HVH Royal Canadian Mounted Police

Director Denis Desroches, Longueuil Police Service

Chief Terry Ray Armstrong, 1LVKQDZEH $VNL 3ROLFH 6HUYLFH

Chief Shawn Devine, North Bay Police Service

Superintendent Paul A. Beesley, Ontario Provincial Police

Ms. Susan C. Double, +DPLOWRQ 3ROLFH 6HUYLFH

Corps Sergeant Major Darren C. Campbell, Royal Canadian Mounted Police

Deputy Chief Nishan J. Duraiappah, +DOWRQ 5HJLRQDO 3ROLFH 6HUYLFH

Inspector Lawrence Cope, Vancouver Police Department

Inspector Stuart K. Eley, Toronto Police Service

Superintendent Joseph Bernard Serge Cote, Royal Canadian Mounted Police

Deputy Chief Timothy Farquharson, Peterborough Police Service

Chief Stephen E. Covey, CN Rail Police

,QVSHFWRU 3DWULFN 6 )ODQDJDQ Ottawa Police Service

Sergeant Robert C. Daly, Royal Canadian Mounted Police

Staff Sergeant 'RXJODV )UDQN *DPELFRXUW Royal Canadian Mounted Police

Superintendent Kari Dart, Ontario Provincial Police

&KLHI &RQVWDEOH 5DOSK /HRQDUG *RHUNH West Vancouver Police Department

COMMANDER &RPPLVVLRQHU - 9LQFHQW 1 +DZNHV & 2 0 Ontario Provincial Police

OFFICERS Deputy Commissioner Bradley Blair, O.O.M. Ontario Provincial Police

Assistant Commissioner Craig Steven MacMillan, O.O.M. Royal Canadian Mounted Police

Chief Douglas A. Palson, O.O.M. 'DNRWD 2MLEZD\ 3ROLFH 6HUYLFH

Chief Superintendent Jennifer Anne Strachan, O.O.M. Royal Canadian Mounted Police

NOVEMBER 2016

BLUE LINE MAGAZINE

MEMBERS continued 6XSHULQWHQGHQW 1DQF\ *RRGHV 5LWFKLH +DPLOWRQ 3ROLFH 6HUYLFH

Sergeant David Bruce Muirhead, Royal Canadian Mounted Police

Ms. Lisa Shipley, Ontario Provincial Police

6WDII 6HUJHDQW 'RXJODV -DPHV +RXVWRQ Royal Canadian Mounted Police

Corporal Jacques M. A. Neri, Royal Canadian Mounted Police

Superintendent Konrad Lionel Shourie, Royal Canadian Mounted Police

6WDII 6HUJHDQW :LOIUHG ( +XUUHQ Ontario Provincial Police

6WDII 6XSHULQWHQGHQW 5DQGDOO 3DWULFN Peel Regional Police

Sergeant Marty Roy Singleton, Ontario Provincial Police

Deputy Chief David Jarvis, Peel Regional Police

Sergeant Denis Perrier, Montreal Police Service

6XSHULQWHQGHQW *X\ :DUZLFN 6ODWHU Calgary Police Service

Inspector Edmund P. Kodis, Ontario Provincial Police

Chief Superintendent Richard A. J. Philbin, Ontario Provincial Police

6XSHULQWHQGHQW +LOWRQ %DVLO 6PHH Royal Canadian Mounted Police

Deputy Director Bernard Lamothe, Quebec Provincial Police

Chief Inspector Pierre Pinel, Quebec Provincial Police

Sergeant Robert Montgomery Tan, Royal Canadian Mounted Police

&KLHI %U\DQ 0 /DUNLQ Waterloo Regional Police Service

Chief Darryl J. Pinnell, St. Thomas Police Service

Inspector Karl Thomas, Ontario Provincial Police

'HSXW\ &KLHI $OODQ 5REHUW /HNXQ *UHDWHU 6XGEXU\ 3ROLFH 6HUYLFH

Sergeant Clifford T. Priest, +DOWRQ 5HJLRQDO 3ROLFH

Chief Superintendent Sandra Anne Thomas, Ontario Provincial Police

Staff Sergeant Robert Ellwood Lemon, Royal Canadian Mounted Police

Deputy Chief Constable Satwinder Rai, Vancouver Police Department

'HSXW\ &KLHI 3DXO 9DQGH*UDDI Cobourg Police Service

Inspector David J. Lucas, Ontario Provincial Police

Staff Sergeant Brian John Reed, Royal Canadian Mounted Police

Staff Sergeant James Vardy, Royal Canadian Mounted Police

Sergeant Stephen MacDonald, Royal Canadian Mounted Police

Staff Sergeant Thomas Robb, Ontario Provincial Police

Staff Sergeant Lauren Weare, Royal Canadian Mounted Police

Superintendent Mandip Singh Mann, Royal Canadian Mounted Police

Superintendent John Alfred Robin, Royal Canadian Mounted Police

Sergeant William Michael James Whalen, Royal Canadian Mounted Police

Constable David Marchand, Vancouver Police Department

Inspector David Brian Saunders, Toronto Police Service

Constable Andrew Preston Wilder, Ontario Provincial Police

6XSHULQWHQGHQW *OHQQ $UQROG 0DUWLQGDOH Royal Canadian Mounted Police

Commander David Shane, Montreal Police Service

Superintendent Peter C. Yuen, Toronto Police Service

BLUE LINE MAGAZINE

NOVEMBER 2016

Birdies for brain tumours by Carrol L. MacDonald Cst. Connor Thomson of the Winnipeg 3ROLFH 6HUYLFH :36 LV PDQ\ WKLQJV $ VHYHQ \HDU SROLFH RI¿FHU KXVEDQG WR ZLIH *O\QLV DQG father to Caleb, 4, possibly the cutest kid on the planet. Connor, 31, has a great sense of humor, is a loyal friend and one of the hardest workers I know. Connor suffered a seizure in September 2011, which was later diagnosed as a brain tuPRXU $ PRQWK DIWHU GLDJQRVLV KLV ¿UVW VXUJHU\ to remove the tumour was deemed successful. This good news was soon followed by some bad news. He was suffering from brain cancer ± D 6WDJH 7ZR 2OLJRGHQGURJOLRPDWXPRXU ZLWK no known cure. This type of tumour eventually returns and he was given a life expectancy of about 10 years. I had the pleasure of working as Connor’s direct supervisor in the District Six Crime Unit. Although technically on light duties, he did the lion’s share of the investigative/ DGPLQLVWUDWLYH µGHVN ZRUN¶ IRU RI¿FHU WHDPV Never once did he complain or even so much as slow down, always smiled and couldn’t do HQRXJK IRU WKH LQYHVWLJDWRUV 7KHUH ZHUH ¿YH of us on the platoon and we shared some serious laughs throughout that year. Connor was SDUW RI RXU WHDP KH VKDUHG KLV MRXUQH\ ZLWK us and we stayed strong for him. )LYH \HDUV ¿YH LQYDVLYH EUDLQ VXUJHULHV 30 days of radiation and approximately 18 months of PCV (Procarbazine, CCNU and Vincristine) chemotherapy later, Connor conWLQXHV WR ¿JKW ZKDW LV QRZ 6WDJH 7KUHH FDQFHU with great intensity and all his strength. )LJKWLQJ FDQFHU DQG JHWWLQJ RQ ZLWK WKLQJV wasn’t enough for Connor, who took things a few steps further. Knowing that each day 27 Canadians are diagnosed with an incurable brain tumour, Connor focused on the positive NOVEMBER 2016

(which he is known to do), taking it upon himself to raise money for the Brain Tumour )RXQGDWLRQ RI &DQDGD In 2012, Connor organized what he thought would be a one-time golf tournament dubbed Birdies for Brain Tumours, held at Glen Lea Golf Course in his home town of Brandon, Manitoba (about two hours west of Winnipeg). He was quickly overwhelmed with support as the tournament sold out. In fact, it was such a hit he decided to make it an annual event. Each year since then, Connor and his team of volunteers collect prizes, sign up corporate sponsors for the tournaments and advertise on all sorts of social media, including the tournament’s own web site (www.b4bt.com). To further raise awareness, Connor arranged for $5 grey wrist bands, each with the 16

SKUDVH ³*5(< 0$77(56´ ± DQ LGHD ¿UVW conceived by Connor’s sister-in-law. As it turned out, these were in very high demand and sell out almost immediately every year. Keep in mind, Connor conducted all of WKLV IXQGUDLVLQJ LQ WKH VDPH ¿YH \HDUV KH ZDV undergoing and recovering from surgeries, radiation and chemotherapy while still being D SROLFH RI¿FHU KXVEDQG DQG GDG Retired WPS Sgt. Roger Girard began a district police station BBQ fundraiser. Police RI¿FHUV H[HFXWLYH DQG FLYLOLDQ SHUVRQQHO IURP all over the city gathered to support Connor. All proceeds generated from all fundraisers go WR WKH %UDLQ 7XPRXU )RXQGDWLRQ RI &DQDGD 7KH ¿IWK DQQXDO %LUGLHV IRU %UDLQ 7Xmours golf tournament was held July 9 and, like all the others, was a resounding success. The efforts of Connor and his crew of volunteer family and friends have generated more than $175,000 (and counting) for brain tumour research, patient and family support groups and educational events. Connor is very humble and not looking to be the centre of attention in any way. In fact I had to convince him to share his story. What Connor does want is for people to start talking about brain cancer, share information, learn more and be aware. Nearly everyone has been touched in some way by cancer, either personally or through a loved one. I too am a survivor. I’m proud to know Connor and proud to call him my friend. Please keep him and everyone else ¿JKWLQJ WKLV LOOQHVV LQ \RXU WKRXJKWV You can donate to the Brain Tumour )RXQGDWLRQ RI &DQDGD WKURXJK LWV ZHE VLWH ZZZ EUDLQWXPRXU FD RU YLVLW )DFHERRN WR read more stories. Contact WPS Sgt. Carrol L. MacDonald at cmacdonald@winnipeg.ca for more information.

BLUE LINE MAGAZINE

THE COMFORT-ZONE TRAP E\ 7RP *LUOLQJ You know more than your supervisor about your speciality. Colleagues regularly DVN \RX IRU DGYLFH <RX¶UH FRXUW TXDOL¿HG regularly asked to give presentations, develop SROLF\ DQG SURFHGXUHV ZLWKRXW GLI¿FXOW\ DQG DUH WKH DJHQF\ µJR WR¶ SHUVRQ LQ \RXU ¿HOG thanks to your many years of experience. Sounds perfect, doesn’t it? You’re in a professional utopia and a master of your GRPDLQ 7KHUH¶V RQO\ RQH SUREOHP \RX NHHS thinking about your professional future. Will you get a shot at promotion (to add a little to the old pension) or can you transfer to another area and attract the same buzz you get now? I refer to this phase in our careers as the ³&RPIRUW =RQH 7UDS ´ WKDW WLPH ZKHUH DOO \RXU hard work and dedication leaves you asking yourself, “okay, is this it?” You have probably experienced this phenomenon if you have any appreciable time on the job. Perhaps you are living it right now. It MXVW KDSSHQV ± \RX JHW WKHUH ZLWKRXW WU\LQJ planning or thinking about it. Many areas of policing offer comfort ]RQHV 6SHFLDOL]HG MREV FRPH WR PLQG ¿UVW of course, but it can happen even in uniform patrol, supervision or management if you stay long enough. My personal experience is from the specialized services side of the policing. After a few short years in uniform I received a chance to do some “old clothes” duties in my district. I was partnered up with a senior member who LQWURGXFHG PH WR WKH WUDGH FUDIW RI ³LQ¿OWUDWLRQ´ DQG WKH ¿QH DUW RI O\LQJ IRU D OLYLQJ I was nervous but immediately realized this was where I belonged and soon dedicated myself to becoming the best undercover operator possible. The perks of limited supervision and leaving the conformity of structured shift-work suited my personality well. I spent the next 15 years working in an undercover capacity in one form or another and training other undercover operators. I watched colleagues outside the “undercover world” move from assignment to assignment and even get promoted. My supervisors increasingly relied on me to get the job done, often under stressful circumstances. I’m sure you know there is no shortage of work out there and it became easy to live by the adage “wherever-whatever-whenever.” , PDGH VDFUL¿FHV LQ P\ SHUVRQDO OLIH QR children being one) as that became secondary, and my relationships had built-in end dates, which happened every time I was asked to choose between someone and my job. I never let on, but I was very afraid of leaving that life. I felt I was nothing outside the undercover world. I think my supervisors unwittingly fuelled that belief by letting me continue in that role. BLUE LINE MAGAZINE

In their defense, most never did any undercover work so they were unaware of the turmoil I experienced. Add to that the fact that, “in those days”, you would never, ever, ever, ask for help. The one thing that offered me solace was meeting up with the boys after work for “a few.” I don’t know what happened, timing maybe, but the promotional system, for all its LQKHUHQW ÀDZV ¿QDOO\ JDYH PH WKH FKDQFH WR HVFDSH DQG WDNH WKH ¿UVW VWHS WR EHFRPLQJ WKH SROLFH RI¿FHU , DOZD\V ZDV Voluntarily leaving my “life” was probably the hardest professional decision I ever made, and I miss it every day, but looking back, I know it was the right decision. 6LQFH WKHQ , KDYH FRPH WR NQRZ PDQ\ RI¿Fers that show the same symptoms I experienced. In analyzing the comfort zone I look for WKLQJV OLNH •

Time in a position. Some police services OLPLW WKH WLPH RI¿FHUV FDQ VWD\ LQ VSHFLDOized units. This is a double edged sword and a balance between police service expertise DQG RI¿FHU GHYHORSPHQW 4XDOL¿FDWLRQV DFKLHYHG LQ WKH SRVLWLRQ (expertise). Some members take every possible advantage of being in a specialL]HG SRVLWLRQ RWKHUV GRQ¶W

•

Unit capacity. Does the service have a succession plan? • An individual’s attitude toward moving, including overstated explanations as to why they can’t be moved. Believe me, there are some very imaginative examples. • Observations of supervisors who “proWHFW´ RI¿FHUV IURP RWKHU DVVLJQPHQWV sometimes upper management needs to be more engaged. Regardless of the reasons, some very special and capable people can potentially be left behind, either intentionally or unintentionally. The self-realization of my experience in the “Comfort Zone” is freeing and powerful. I know it existed, and I know what I felt. It was a natural reaction to growing too big for my pot, to borrow a gardening term. , KRSH RI¿FHUV OLYLQJ LQ WKH ³&RPIRUW Zone” realize that they are not alone. They VKRXOG QRW IHDU WDNLQJ WKH ¿UVW VWHS DQG WKH\ should know that there is a great big policing world out there with unlimited possibilities.

Tom Girling retired in 2016 as a superintendent after a 37 year career with the OPP. Contact: rtg5696@gmail.com

NOVEMBER 2016

CREATING A SPACE for everyone by Jean Turner The inaugural World LBGT Conference for Criminal Justice Professionals (WLCCJP), held in August in Amsterdam, attracted participants from 26 countries with a theme of 7R &RQQHFW DQG ,QVSLUH It was a life changing event for RCMP constables Brendan Harkness DQG $QLFN )RXUQLHU DQG &0 -HDQ 7XUQHU

Canadian participation was impressive with personnel from Toronto, Peel Regional, Calgary, Ottawa, York Regional and Hamilton SROLFH WKH 233 DQG RI¿FHUV IURP &RUUHFWLRQDO Service of Canada. The conference showed how important LW LV IRU RI¿FHUV WR UHPDLQ YLJLODQW KRQRXU their sexual identity and be positive examples despite criticisms and hate that may be directed

at them. While that may not be perceived DV D SUREOHP RI¿FHUV WROG KRZ KLGLQJ WKHLU sexuality or gender identity from co-workers or being persecuted for being ‘out’ affected their careers and personal lives in ways still all too common, even in Canada. Dressed in full red serge uniform, Harkness shared his personal journey, which began 10 years ago as a young man visiting $PVWHUGDP WU\LQJ WR ¿QG KLV ZD\ LQ OLIH DQG went full circle with his participation on the World Police Boat in the parade. As a young gay man he couldn’t imagine himself becoming a Mountie until he met WKUHH JD\ RI¿FHUV LQ $PVWHUGDP GXULQJ KLV ¿UVW YLVLW Stories from abroad 7KH RQO\ RSHQO\ JD\ *UHHN SROLFH RI¿FHU Lt. Michael Lolis, was denied permission to wear his uniform and his agency refused to support his attendance. Despite the potential for negative repercussions, he paid his own way to Amsterdam, ready to celebrate who he is, and was relegated to watching the parade from the sidelines. Adrian Jjuuko, a Ugandan human rights lawyer and advocate, engages police and

NOVEMBER 2016

BLUE LINE MAGAZINE

judiciary on LGBTQ rights within the country’s largely hostile legal environment. He co-ordinated the successful 2014 effort to challenge the Anti-Homosexuality Act in Uganda’s Constitutional Court and is leading a challenge to the act at the East African Court of Justice. News broke during the conference that Ugandan police had raided a local pride event and arrested and beat many participants, despite previously giving permission for it to take place. In other distressing news, it was learned SROLFH RI¿FHUV DQG SURVHFXWRUV LQ DW OHDVW HLJKW countries (Egypt, Lebanon, Tunisia, Turkmenistan, Zambia, Uganda, Cameroon and Kenya) have asked for or ordered forced anal examinations on persons accused of consensual same sex conduct. Purportedly this was to gather “evidence” of homosexual behaviour, despite the UN Special Rapporteur deeming it a form of torture, or cruel, inhuman and degrading treatment that is “medically worthless.” 6HYHUDO WUDQVJHQGHU SROLFH RI¿FHUV WROG of their challenging, and in some cases heartwrenching, struggles to transition within their workplace. Julie Callahan, a California district attorney, recounted her experience, which led her to establish the Transgender Community RI 3ROLFH 6KHULIIV 7&236 WR KHOS RWKHU WUDQVJHQGHU RI¿FHUV OLYH WKHLU DXWKHQWLF VHOI Callahan began her career in 1978 as a UHVHUYH SROLFH RI¿FHU ZLWK WKH )UHPRQW 3ROLFH Department. She was outed while doing a SRO\JUDSK WHVW IRU D UHJXODU RI¿FHU¶V SRVLtion. The department asked her to resign and withdraw her application because she was gender-questioning. 6KH ZDV KLUHG DV D SROLFH RI¿FHU E\ 6DQ Jose in 1981 and eventually became an experienced detective. After beginning transition, she became the victim of a number of bigoted and hateful incidents, including physical assaults and threats by coworkers. Officers refused to back her up on dangerous calls and she was never given another permanent detective posting. There was also news about transgender challenges in Pakistan, where police often arrest and beat men who appear dressed or ornamented like a woman. They face up to twoyears in prison for the offence of cross-dressing. )RXUQLHU WDSHG D 7('WDON DW WKH FRQIHUence about the importance of LGBTQ selfLGHQWL¿FDWLRQ LQ WKH ZRUNSODFH ,W LQFOXGHG discussing the importance of giving employees the opportunity to identify as LGBTQ and for agencies to know who their employees are to ensure they can provide services, workplace policies and respect. Follow-up Attendees will not forget the lessons and many inspiring personal stories they heard at the conference. While policies can change behaviour, true understanding comes with relating our own struggles and realizing that we all have a story to share. BLUE LINE MAGAZINE

The biggest lesson learned was that in this rapidly changing and shrinking world, we must create a space for everyone. The future The Toronto Police Service, with assistance from Serving With Pride, will host the next WLCCJP in Toronto in 2019. There was heartfelt thanks and gratitude to the Amsterdam Police Roze in Blauw and

College of Continuing Education

the Dutch government for hosting such an extraordinary conference. Their leadership inspired attendees to continue moving forward with the resolve to do what is right and lead by example. Jean Turner is a civilian member of the RCMP “O” Division Communications & Media Relations branch. Contact: jean.turner@rcmp-grc.gc.ca.

Certificate in Police Leadership The Budgeting and Financial Management course “helped me ... to better understand and provide cost-beneﬁt analysis on several business cases, such as getting additional members and an infrastructure addition to my detachment, which never would have been possible prior to me successfully completing this course!”

Only three courses required for your first certificate: c rti ce r fic ficate a : at t "EWBODFE 1PMJDF -FBEFSTIJQ t #VEHFUJOH BOE 'JOBODJBM .BOBHFNFOU for Police Services t $PNNVOJDBUJPO 4LJMMT GPS Police Personnel t &UIJDT GPS 1PMJDF -FBEFST t -FHBM *TTVFT JO 1PMJDJOH t .BOBHJOH 1PMJDF 1FSGPSNBODF $PBDIJOH Skills for Police Supervisors (workshop) t 1PMJDF -FBEFSTIJQ BOE .BOBHFNFOU Development t 1PMJDJOH BOE UIF -BX PG )VNBO 3JHIUT t 1PMJDJOH UIF .PEFSO $PNNVOJUZ t 4USBUFHJD )VNBO 3FTPVSDF .BOBHFNFOU for Police Organizations t 4USBUFHJD 1PMJDJOH

Cpl. Jean-Luc Bedard, Detachment Commander, RCMP, Kugluktuk, NU ONLINE COURSES Winter Term begins Jan. 23, 2017 &BSMZ 3FHJTUSBUJPO %JTDPVOU Deadline: Nov. 25, 2016 COACHING WORKSHOPS Toronto: March 24-26, 2017 )BMJGBY +VOF

Prepare for career advancement today! If you would like more information or wish to have a brochure mailed to you please contact the Program Manager, Sherry Carmont, at (902) 494-6930 or toll-free at 1-800-565-8867. You may also write to Sherry via e-mail at CPL@Dal.Ca or to the address at right. Detailed information and registration forms can also be found on our website at www.dal.ca/cce.

Dalhousie University College of Continuing Education 1459 LeMarchant Street, Suite 2201 PO Box 15000 Halifax NS B3H 4R2 NOVEMBER 2016

DEEP BLUE by Dorothy Cotton

The real reason IRU ¿VK NQLYHV

Care for some cod with lemon? I can give \RX D ¿VK NQLIH LI \RX¶G OLNH , MXVW ¿QLVKHG UHDGLQJ &RQVLGHU WKH IRUN $ KLVWRU\ RI KRZ ZH FRRN DQG HDW by British historian Bee Wilson, and now know why we KDYH ¿VK NQLYHV , DOVR NQRZ ZK\ %ULWV FRRN things till way past dead and people from China stir fry rather than roast. ,W WXUQV RXW WKDW )DQQ\ )DUPHU RI FRRNbook fame) was really not much of a cook and it’s her fault we use volume instead of weight WR FRRN LQ 1RUWK $PHULFD ± HYHQ WKRXJK LW is actually not a great idea. It also turns out microwave ovens do not cook from the inside RXW QRU GR WKH\ OHDN VLJQL¿FDQW DPRXQWV RI radiation. What does this have to do with policing? On the surface, there is no direct link, but several take-away messages from this book apply to many aspects of our lives, including the parts tied up in policing. Here’s three examples. 1. Sometimes we do things because we always have, even though it no longer makes sense. /HW¶V WDON ¿VK NQLYHV %DFN LQ WKH V carbon steel was the latest cool thing and its development led to people actually having knives at home. Until then, everyone carried their own knife. If you went to dinner somewhere, you brought along your own knife. Using someone else’s was like using someone else’s toothbrush. Gross. Along came carbon steel and suddenly everyone had a kitchen full of knives. One KLWFK DFLGLF IRRGV EHFDPH GLVJXVWLQJ DQG turned black when you cut them with a carbon VWHHO NQLIH )LVK ZDV RIWHQ VHUYHG ZLWK OHPRQ which is acidic, so carbon steel knife + lemon GLVJXVWLQJ ¿VK 7R DYRLG WKLV WKH ULFK SHRSOH used special silver knives (which do not react ZLWK DFLG ZKHQ VHUYLQJ ¿VK 6RPHWLPHV LW ZDV KDUG WR WHOO WKH ¿VK NQLYHV IURP WKH RWKHUV VR people started putting scalloped edges on the ¿VK NQLYHV 9RLOD ¿VK NQLYHV DV ZH NQRZ them today. Nowadays we have stainless steel cutlery, not carbon steel, and it does not react with NOVEMBER 2016

DFLG (UJR QR RQH QHHGV ¿VK NQLYHV DQG WKHUH is no reason for them. It’s not like it’s tough to FXW ¿VK EXW PDQ\ SHRSOH VWLOO KDYH WKHP DQG restaurants in particular still use them Why? Because they always did and we have learned WR DVVRFLDWH ¿VK NQLYHV ZLWK VWDWXV WKH\ DUH “proper.” Not a particularly good reason. 2. Sometimes we do things that were always based on false information and misconceptions and NEVER made any sense. Consider the microwave oven. I bought P\ ¿UVW RQH LQ DQG ZDV ZDUQHG WKDW LW must be tested every year for radiation leakage. The common belief was that there was D VLJQL¿FDQW ULVN RI GLUH FRQVHTXHQFHV IURP radiation. Mind you, a microwave oven (even an old leaky one) exposes you to less radiation than you’d get from standing two feet away IURP D ZRRG ¿UH Another common belief about microwave ovens is that they cook from the inside out. Not true. Yet microwaves, while very popular in general, have never really caught on as a primary way of cooking. We defrost and reheat, and cook the occasional thing, but most people don’t really “cook” in them. Why not? Basically, they aren’t very cozy and don’t really line up with our idea of what cooking should be. There are no appealing smells or VRXQGV WKLQN EDFRQ VL]]OLQJ LQ D IU\LQJ SDQ 7KH IDPLO\ RU JXHVWV FDQ¶W JDWKHU URXQG WKH ¿UH WKLQN FDPS¿UH 2QO\ RQH SHUVRQ FDQ XVH LW DW D WLPH WKLQN 7KDQNVJLYLQJ Basically, one of the REAL reasons we don’t cook in microwaves is because it does not “feel” right. There seems to be something paranormal about the whole zapping thing. 7KH :LOVRQ ERRN TXRWHV KLVWRULDQ )HOLSH )HUQDQGH] $UPHVWR DV VD\LQJ WKH PLFURZDYH has “the power to change society” in a malign way by returning us to “a pre-social phase of evolution.” So there is no radiation risk, no inside out magical way of cooking, no paranormal activity, but these bits of misinformation very much shape our attitudes and use of microwave ovens. 20

3. Sometimes we just get worn down and do something we know makes no sense but SOUNDS like a good idea (usually to others). I am not sure a cooking example is needed KHUH 7KLQN WKH QHZV PHGLD 7KLQN SROLWLFV How many things do you do every day in your organization because it pleases the media, poliWLFLDQV RU WKH PDVVHV ± \HW \RX NQRZ LW UHDOO\ makes no sense or has little impact? If you want a cooking example, consider the egg beater. Before it was invented, everyone used a whisk (that bulbous bent wire device). Somewhere along the line, someone decided that a whisk was a whole lot of work and very tiring, so between 1856 and 1920, 692 different patents for egg beaters were granted. Every home had to have one! Labour VDYLQJ $EOH WR PDNH WKH ÀXI¿HVW HJJV HYHU ± LQ VHFRQGV Minor details: 1. Egg beaters are actually harder to use than ZKLVNV DQG VR GR QRW VDYH ODERXU 7KH\ DUHQ¶W IDVWHU :KR UHDOO\ FDUHV KRZ ÀXII\ WKH HJJV DUH" But advertising, even a century ago, was powerful, so every home ended up with an egg beater. Back to policing. The history of cooking tells us that we still do things for reasons that stopped making sense a long time ago (I believe most police headgear falls in this category). It also tells us that we do many things for reasons that have since been demonstrated to have little validity (How about preventing 376' WKURXJK FULWLFDO LQFLGHQW GHEULH¿QJ" We do many things that there has never EHHQ HYLGHQFH IRU VKRZ PH WKH GDWD GHPonstrating that the appropriate frequency for UHTXDOL¿FDWLRQ RQ WKH VKRRWLQJ UDQJH LV RQFH a year. )RRG IRU WKRXJKW«

Dr. Dorothy Cotton is Blue Line’s psychology columnist, she can be reached at deepblue@blueline.ca.

BLUE LINE MAGAZINE

HOLDING THE LINE by Michelle Vincent

/HW¶V KDYH D PHQWDO KHDOWK UHTXDOL¿FDWLRQ While standing proudly among my fellow RI¿FHUV SD\LQJ WKHLU UHVSHFWV DW WKH &DQDGLDQ Police Memorial service, gazing up at the PDMHVWLF SDUOLDPHQW EXLOGLQJ DQG ÀDJV DW KDOI mast, a question came to mind. How deeply related is our mental health, on and off the job training and execution of duties? Some line of duty deaths are not preventable but others may be. 6DIHO\ FRQGXFWLQJ D WUDI¿F VWRS LQ WKH middle of the night requires clear, switched on thinking. An operational plan to execute a search warrant on a long investigated organized crime organization also requires a clear mind to ensure evidence is located and everyone involved stays safe. Although police training encompasses a multitude of dynamics, including defensive tactics and mental health information, does it truly teach the connection between mental health and the execution of specialized functions? If we placed as much importance on PHQWDO KHDOWK VHOI FDUH DV ZH GR RQ ¿UHDUPV training, would we work smarter and safer? I wonder if attendance would improve and job satisfaction increase. This might be the missing piece, if there is one, in supporting a successful work environPHQW IRU ¿UVW UHVSRQGHUV ,PDJLQH LI ZH FRXOG attend a retreat created solely for us for a few days each year geared towards healthy eating, meditation, outdoor tasks and solution-focused FRSLQJ VNLOOV ± VRUW RI D ³PHQWDO KHDOWK UHTXDO ´ What an incredible opportunity to clear out WKH ¿OWHU RI RXU SHUFHSWXDO OHQV WKXV HQDEOLQJ us to think smartly and effectively out on the road. It would help us be clear and effective when testifying in important cases where we worry about the outcome, especially if we’re concerned an unfavorable verdict may be due to our action/investigation/testimony. A clear mind is one of the greatest tools D SROLFH RI¿FHU FDQ SRVVHVV EHWWHU WKDQ PDQ\ of the other items we are given in order to effectively execute our duties. As we progress in the world of policing and recognize the importance of mental health and the role it plays in our world, we have the opportunity to adopt leading edge thinking and incorporate it into police training. We need to look at the most important aspects of mental health. More than a healing and preventative tool, it is also an operational WRRO LQ SROLFLQJ ± D NH\ UHTXLUHPHQW QRW RQO\ for resilience but as a powerful skill that new SROLFH RI¿FHUV QHHG WR EH WDXJKW Incorporating mental health into training for new criminal investigations, forensic and KRPLFLGH RI¿FHUV ZLOO LPSURYH LQYHVWLJDWLRQV BLUE LINE MAGAZINE

VHDVRQHG RI¿FHUV :H WDON DERXW ³%HORZ ´ (see below100.org), an effort to permanently eliminate preventable line of duty deaths and injuries through innovative training and awareness. (The 100 refers to the program’s goal of reducing line of duty deaths to below 100, a number not seen since 1943. The average over the past 10 years, according to the program, is about 150). Adding mental health into our operational training may not only support this goal but ensure fewer names are added to our wall of IDOOHQ RI¿FHUV LQ 2WWDZD :KDW D JLIW LW ZRXOG EH WR SD\ RXU UHVSHFWV WR RI¿FHUV ZKR KDYH ORVW their lives in the line of duty without having to add more names. and be highly constructive. Teaching it at the academy level would give recruits an edge and enable cadets to apply it not only to all aspects of policing but also in their personal lives and relationships. Taking mental health to an operational level also makes it more digestible for

Michelle Vincent LV D \HDU <RUN 5HJLRQDO 3ROLFH RI¿FHU with a Masters Degree in Arts in Counselling Psychology and a background in equine assisted therapy and workplace reintegration and teaching. Her counselling practice is supervised by a psychologist with a specialty in addictions and trauma. Contact: michelle@blueline.ca.

NOVEMBER 2016

TECHNOLOGY by Tom Rataj

.HHSLQJ D OHDVK RQ mobile devices

It’s never been easier to work outside the WUDGLWLRQDO RI¿FH HQYLURQPHQW 3RZHUIXO DQG compact mobile devices such as smartphones and tablets can access corporate systems at any time and from any place through almost universally available high-speed cellular data networks. In the original iteration of the “technologyEDVHG´ PRELOH RI¿FH FRPSDQLHV LVVXHG %ODFNBerrys and laptops to a few key executives and employees and only these devices could access corporate systems and information. It was all tightly controlled by the Information Technology (IT) department and the equipment and software belonged to the company. It was generally quite expensive to equip and connect each user, which restricted how PDQ\ FRXOG EHQH¿W IURP FRQQHFWLQJ UHPRWHO\ Evolution The dramatic change began with the introduction of the original Apple iPhone, which began the smartphone revolution. Numerous Google Android smartphones, championed by Samsung and many others, soon followed. The revolution was completed with the advent of true 4th generation high-speed Internet data, particularly LTE, giving mobile devices near wired connection speed. As the price per user for equipment and communications dropped substantially, many more people could be given remote access to corporate networks without increasing the budget. Hardware choices and users’ needs and NOVEMBER 2016

wants also changed and the Bring Your Own Device (BYOD) business model eventually developed. Users could connect to corporate networks with their own personal devices and use them for work, ending the need to carry both a work and personal phone. There are numerous permutations of the BYOD model, often involving some kind of cost sharing or other individual arrangement. Access Moving from the small-scale, tightly conWUROOHG PRELOH RI¿FH PRGHO WR D PXOWL GHYLFH often BYOD setup presented numerous technical and security challenges for corporations and employees. Many new access points into corporate networks and the wide distribution of often FRQ¿GHQWLDO GDWD RQ KXQGUHGV RU HYHQ WKRXsands of small easy to lose devices made security a major challenge. Different communications technologies also presented security challenges. While digital cell networks are relatively secure, IUHH :L )L DFFHVV SRLQWV VXFK DV FRIIHH shops, airport terminals and elsewhere, are questionable.

Variety Managing mobile devices, especially under BYOD, also became more complex. IT departments suddenly needed to manage not just a few Windows or Mac computers and BlackBerrys but numerous other smartphones UXQQLQJ L26 $QGURLG DQG :LQGRZV ± DQG WDElets and computers running Windows, Apple OSX and Android. Each operating system and device has its own native security levels and must be kept up to date to stay secure. Some, such as Android smartphones and tablets, are notoriously insecure and vulnerable to data leakage and hacking because of apps with poor security levels. Security on individual devices relies heavily on the diligent use of good, up to date anti-virus/anti-malware software, regular and consistent OS updates and patches and the weakest link of all, the individual user. A solution This all led to a class of software and services known as Enterprise Mobility Management (EMM). In the broadest sense EMM DOORZV FRPSDQLHV WR VHFXUHO\ DQG HI¿FLHQWO\ manage all mobile devices with access to the company’s network systems and information.

BLUE LINE MAGAZINE

It’s a more complete solution than the earlier Mobile Device Management (MDM) systems. EMM includes MDM and also generally includes a mobile application management solution and at least one mobile identity, containment or content management technology. Encryption of data on devices and while in transit is an important feature, as is device security through the use of strong passwords. In the 2016 Gartner’s Magic Quadrant for EMM suites, the leaders included BlackBerry’s Good Secure EMM Suites, VMware AirWatch, MobileIron, Citrix XenMobile, IBM, SOTI MobiControl, Sophos Mobile Control and Microsoft InTune. There are numerous other small and often specialized EMM service providers catering to niche markets or customers. EMM products offer a wide range of features, services and varying levels of hardware support. Choices Choosing the right EMM is a complex process that often starts with an assessment of an agency’s systems and technologies and where it wants or needs to go in the short and long-term. Not all products support every mobile device or computer operating system. As the EMM market expanded, there has been acquisitions and consolidations as vendors try to expand the capabilities of their products by picking up specialized competitors. Controls EMM vendors typically offer a central control panel, allowing corporate customers to quickly and easily manage all devices, the DSSOLFDWLRQV UXQ RQ WKHP DQG WKH GDWD DQG ¿OHV that can be accessed. Certain functionality and behaviours are often controlled by a common policy automatically applied to certain classes of devices and/ RU XVHUV )XQFWLRQDOLW\ FDQ EH FXVWRPL]HG IRU individual users. Adding and deleting users, such as contractors, is quick and easy, as is suspending users in the event of lost equipment, security breaches or other problems. )XOO DXGLWLQJ RI GHYLFH DFWLYLW\ VKRXOG be included for accountability and security, especially in law enforcement where security measures are typically more stringent. Two factor authentication may be required for some types of systems. Lost, stolen or missing devices need to be easy to de-authorize and wipe clean of data and corporate network access functionality. Some devices have this built in and/or available through an app or operating system itself. Allowing even trusted people to use company owned or personal portable devices to access corporate networks is fraught with many dangers. Correctly implementing and using an EMM product/service is a critical step in ensuring security, accountability and integrity of systems and data. Tom Rataj is Blue Line’s editor and technology columnist and can be reached at tom@blueline.ca.

BLUE LINE MAGAZINE

NOVEMBER 2016

CASE LAW E\ 0LNH 1RYDNRZVNL

1R HVWDEOLVKHG SULYDF\ LQWHUHVW QHXWHUV FKDUWHU FKDOOHQJH Ontario’s top court has ruled that a drug dealer failed to establishing he had a privacy interest at his girlfriend’s home and was nothing more than a “privileged guest.” In R. v. Merelles, 2016 ONCA 647 D FRQ¿GHQWLDO informant told police the accused was dealing in large amounts of heroin. The informer provided Merelles’s personal attributes, location of properties he frequented, a description of his truck and licence plate and the kind of heroin he possessed. During three days of surveillance, police noted four apparent hand-to-hand drug transactions between Merelles and unknown individuals, one occurring at a Brunswick property and another at his residence. Merelles also appeared to engage in countersurveillance driving techniques. Police obtained search warrants for three properties, including Merelles’ residence on Delaware Avenue and the garage of the home of his girlfriend’s mother on Columbine Avenue. They seized 189.19 grams of cocaine from the &ROXPELQH SURSHUW\ JUDPV RI KHURLQ 29.36 grams of cocaine, $19,850 in Canadian currency and $150 in US currency from his 'HODZDUH UHVLGHQFH DQG JUDPV RI KHURLQ including 20 decks of 0.15 grams each and 1.88 grams of cocaine on Merelles’ person. An Ontario Superior Court of Justice judge found Merelles lacked standing to challenge the search warrants for the Columbine property because he didn’t have a reasonable expectation of privacy in it. There was no evidence he had an ownership, leasehold or possessory interest in the property. He only had a key to the garage and stored machinery and tools there with consent. As for the Deleware residence, the judge accepted that Merelles had a reasonable expectation of privacy in it since it was his home. The warrant, however, was valid. The LQIRUPDWLRQ IURP WKH FRQ¿GHQWLDO LQIRUPHU and police surveillance provided reasonable grounds to believe drugs and related property would be located there. 7KH FRQ¿GHQWLDO LQIRUPHU¶V LQIRUPDWLRQ was highly detailed and compelling. As well, the apparent hand-to-hand transactions were NOVEMBER 2016

consistent with the information that Merelles was trading in illicit drugs. He was convicted of possessing heroin and cocaine for the SXUSRVHV RI WUDI¿FNLQJ DQG SRVVHVVLQJ WKH proceeds of crime and sentenced to 10 years’ imprisonment, less time served. In the Ontario Court of Appeal, Merelles argued that the trial judge erred in concluding he did not have standing to challenge the search of WKH &ROXPELQH SURSHUW\ DQG ¿QGLQJ WKH VHDUFK warrant for his Delaware residence valid. Privacy interest 6HFWLRQ of the Charter protects a reasonable expectation of privacy, to be established by the claimant, based on the totality of the FLUFXPVWDQFHV )DFWRUV WR FRQVLGHU LQFOXGH SUHVHQFH DW WKH WLPH RI WKH VHDUFK • possession or control of the property or SODFH VHDUFKHG • ownership of the property or place VHDUFKHG KLVWRULFDO XVH RI WKH SURSHUW\ RU LWHP • the ability to regulate access, including the right to admit or exclude others from WKH SODFH • the existence of a subjective expectation RI SULYDF\ DQG • the objective reasonableness of the expectation. Merelles did not testify. The evidence established that his girlfriend lived at the residence with her mother. Merelles only had a key to the garage, not the rest of the house, and was permitted to store tools and machinery there. In upholding the trial judge’s conclusion that Merelles did not have standing to challenge the search warrant for the Columbine SURSHUW\ -XVWLFH 3HSDOO VWDWHG In my view, the trial judge did not err in FRQFOXGLQJ WKDW WKH >DFFXVHG@ KDG QR VWDQGLQJ ZLWK UHVSHFW WR WKH &ROXPELQH SURSHUW\ :KLOH WKH >DFFXVHG@ KDG D NH\ WKHUH ZDV QR HYLGHQFH WKDW WKH >DFFXVHG@ UHJXODWHG DFFHVV WR WKH JDUDJH 1RU ZDV WKHUH DQ\ HYLGHQFH RI KLVWRULFDO XVH RI WKH SURSHUW\ ± RQO\ WKDW KH XVHG LW LQ 6HSWHPEHU 7KH >DFFXVHG@ ZDV QRW SUHVHQW DW WKH WLPH RI WKH VHDUFK DQG KH GLG QRW SRVVHVV FRQWURO RU RZQ WKH JDUDJH $OWKRXJK RQH FRXOG LQIHU WKDW KH FRXOG DGPLW SHRSOH WR WKH JDUDJH WKHUH ZDV QR HYLGHQFH WR VXJJHVW WKDW KH FRXOG H[FOXGH HQWU\ 7KHUH ZDV QR HYLGHQFH DERXW RWKHUV LQ SRVVHVVLRQ RI D NH\ 7KHUH ZDV DOVR QR HYLGHQFH RI DQ\ VXEMHFWLYH H[SHFWDWLRQ RI SULYDF\ RU HYLGHQFH VXSSRUWLQJ DQ LQIHUHQFH RI D VXEMHFWLYH H[SHFWDWLRQ RI SULYDF\ >7KH DFFXVHG@ ZDV ³QR PRUH WKDQ D SULYLOHJHG JXHVW ´ 24

, DOVR UHMHFW WKH >DFFXVHG¶V@ DUJXPHQW WKDW D JDUDJH LQ WKHVH FLUFXPVWDQFHV LV DNLQ WR D UHQWDO ORFNHU 7KHUH ZDV QR HYLGHQFH WKDW WKH >DFFXVHG@ UHQWHG WKH JDUDJH VSDFH RU WKDW KH KDG H[FOXVLYH DFFHVV WR LW )URP WKH HYLGHQFH EHIRUH WKH WULDO MXGJH WKH >DFFXVHG@ ZDV VLPSO\ SHUPLWWHG WR XVH WKH JDUDJH WR VWRUH WRROV 7KH WRWDOLW\ RI WKH FLUFXPVWDQFHV GLG QRW JLYH ULVH WR D UHDVRQDEOH H[SHFWDWLRQ RI SULYDF\ [para. 21-22]. Search warrant :KHQ D FRXUW UHYLHZV WKH VXI¿FLHQF\ RI D search warrant, which is presumed valid, the test is “whether there was reliable evidence that might reasonably be believed on the basis of which the authorization could have issued.” The appeal court found there was ample evidence for the trial judge to conclude there were reasonable and probable grounds to issue the warrant for the Delaware residence. In regards to informer information, Pepall VWDWHG (YLGHQFH RI D WLS IURP DQ LQIRUPDQW E\ LWVHOI LV LQVXI¿FLHQW :KHQ DVVHVVLQJ WKH UHOLDELOLW\ RI D WLS IURP D FRQ¿GHQWLDO LQIRUPDQW WKH FRXUW LV WR FRQVLGHU WKH WRWDOLW\ RI WKH FLUFXPVWDQFHV 7KH FRXUW PXVW ORRN WR D YDULHW\ RI IDFWRUV LQFOXGLQJ WKH GHJUHH RI GHWDLO RI WKH WLS LQFOXGLQJ WKH WLPH SODFH SDUWLFLSDQWV LQYROYHG DQG QDWXUH RI WKH DOOHJHG DFWLYLW\ WKH LQIRUPDQW¶V VRXUFH RI NQRZOHGJH ZKHWKHU LW LV ¿UVW KDQG RU REWDLQHG IURP RWKHUV DQG LQGLFLD RI WKH LQIRUPDQW¶V UHOLDELOLW\ VXFK DV SDVW SHUIRUPDQFH RU FRQ¿UPDWLRQ IURP RWKHU LQYHVWLJDWLYH VRXUFHV [para. 26]. $OWKRXJK WKH FRQ¿GHQWLDO LQIRUPHU KDG only provided information on one previous occasion that resulted in charges as opposed to a conviction, the information was detailed and first-hand. There was no information given in the past to police that turned out to be unreliable. In addition, “the police investigation and surveillance established a strong link between the [accused] and the Delaware residence and included the observation of an apparent handto-hand transaction in the residence’s well-lit garage,” said Pepall. “The [accused] then was observed to have left the premises and to have participated in another apparent hand-to-hand transaction. The police surveillance observations ampli¿HG DQG ZHUH FRQVLVWHQW ZLWK WKH UHVW RI WKH information provided by the informant.” Since the search was lawful, there was no need to consider V of the Charter. Merelles’ appeal was dismissed. BLUE LINE MAGAZINE

CASE LAW E\ 0LNH 1RYDNRZVNL

Police have duty to ensure safety Police had a duty to enter an apartment to check on its occupant’s safety during a domestic abuse call. In R. v. Lowes, 2016 ONCA 519 a person called 911 reporting that she heard her neighbours arguing, then a man threatening to kill a woman and the woman crying and pleading, “Please don’t kill me.” She also heard loud banging and crashing. 3ROLFH DUULYHG ZLWKLQ PLQXWHV FRQ¿UPHG the location with the neighbor and knocked on the door. There was no answer. Eventually, a woman came to the window of the third ÀRRU DQG DQ RI¿FHU H[SODLQHG ZK\ SROLFH were on scene. The woman said she was in bed, told the RI¿FHU WR OHDYH UHIXVHG WR RSHQ WKH GRRU DQG insisted there was no one else in the apartment. ,W ZDV REYLRXV WR RI¿FHUV WKDW VKH ZDV VSHDNLQJ to someone standing behind her. Concerned that the woman and/or others, ZHUH LQ LPPHGLDWH GDQJHU RI¿FHUV GHFLGHG to seek their supervisor’s permission to break down the door but before they had a chance to force entry, the woman appeared at the door. She had no visible injuries and stepped outside to speak with them. 7KH ZRPDQ WROG RI¿FHUV VKH GLG QRW ZDQW them to enter and there were no sounds coming from within. Concerned for the woman’s safety and that of anyone who might be inside with the person heard uttering the threats, police forced their way inside and saw marijuana and other drugs. Lowes was found hiding under the bed. Continuing their search for anyone else in the residence, police found more contraband. Lowes was removed, the apartment “sealed” and a warrant sought, granted and executed. Drugs were seized and Lowes was charged with drug offences. 3ROLFH WHVWL¿HG LQ WKH 2QWDULR &RXUW RI -XVtice that they were concerned about the safety of the woman and anyone else who might be inside based on the 911 call, the obvious lies the woman told about being alone and her demeanour when speaking from the window and at the door. The judge recognized that police could enter without a warrant if they had reasonable grounds to believe entry was necessary to protect the lives and safety of others. However, he held police could not enter without taking additional investigative steps such as questioning the woman further about the circumstances and what went on in the apartment, further questioning the neighbour who called or applying for a telewarrant. BLUE LINE MAGAZINE

The judge found the police entry unlawful and the resultant search and seizure of the contraband a s. 8 Charter breach. The evidence was excluded under V and Lowes was acquitted. The Crown successfully challenged the acquittals to the Ontario Court of Appeal, which found police lawfully entered the apartment. 1RQH RI >WKH DGGLWLRQDO LQYHVWLJDWLYH VWHSV LGHQWL¿HG E\ WKH WULDO MXGJH@ ZHUH QHFHVVDU\ RU LQGHHG HYHQ UHOHYDQW WR ZKHWKHU WKH SROLFH ZHUH XQGHU D GXW\ WR HQWHU WKH SUHPLVHV ZKHQ they did to ensure that there was no one in the SUHPLVHV ZKRVH OLIH RU VDIHW\ ZDV LQ LPPHGLDWH GDQJHU DQG WR HQVXUH WKDW >WKH ZRPDQ¶V@ OLIH RU safety was not in immediate danger should she FKRRVH WR UH HQWHU WKH UHVLGHQFH ³7KH FLUFXPVWDQFHV LQ ZKLFK WKH SROLFH IRXQG WKHPVHOYHV VWURQJO\ VXJJHVWHG WKDW >WKH ZRPDQ@ ZDV WKH YLFWLP RI RQJRLQJ GRPHVWLF DEXVH ZKHQ WKH\ DUULYHG DW WKH UHVLGHQFH 6KH FOHDUO\ OLHG WR WKH SROLFH ZKHQ WKH\ ¿UVW VSRNH WR KHU ,Q WKHVH FLUFXPVWDQFHV WKH SROLFH ZRXOG

KDYH EHHQ GHUHOLFW LQ WKHLU GXW\ KDG WKH\ DFFHSWHG ZKDW >WKH ZRPDQ@ VDLG ZLWKRXW JRLQJ LQWR WKH UHVLGHQFH $Q\ IXUWKHU GLVFXVVLRQ ZLWK WKH QHLJKERXU ZRXOG QRW LQ DQ\ ZD\ KDYH GHWUDFWHG IURP WKH HPHUJHQF\ VLWXDWLRQ IDFHG E\ WKH SROLFH 1RWKLQJ WKH QHLJKERXU FRXOG SRVVLEO\ KDYH VDLG ZRXOG KDYH HOLPLQDWHG WKH LPPHGLDWH ULVN WR WKH OLYHV DQG VDIHW\ RI RWKHUV LQFOXGLQJ >WKH ZRPDQ@ Finally, the delay inherent in obtaining D WHOHZDUUDQW DVVXPLQJ WKH SROLFH FRXOG JHW RQH FUHDWHG REYLRXV DQG VLJQL¿FDQW ULVNV WKDW LQ WKHVH FLUFXPVWDQFHV WKH SROLFH FRXOG QRW LQ JRRG FRQVFLHQFH WDNH Lowes’ acquittals were quashed and a new trial ordered. The court noted that the issue of whether the scope of the police search went beyond the boundaries of s. 8 may have to be litigated at the new trial.

You can email Mike Novakowski at caselaw@blueline.ca.

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Toronto police body camera project report TORONTO - Toronto police are asking IRU DSSURYDO WR RXW¿W DOO IURQWOLQH RI¿FHUV ZLWK body-worn cameras, despite reporting major issues after analyzing its year-long pilot project. The request to the police board comes despite the steep cost of the proposed program, which the report estimates would reach $85 million over 10 years. The vast majority of that money would go to storing the videos, according to Insp. Michael Barsky, the operational lead on the pilot project. Both Mayor John Tory and Chief Mark Saunders said one of the PDLQ FRQFHUQV ZDV WKH DPRXQW RI WLPH RI¿FHUV VSHQW GHDOLQJ ZLWK WKH videos after their shifts _ an average of 39 minutes and up to two hours SHU VKLIW IRU VRPH RI¿FHUV ``This is clearly a major, major devotion of police resources to just managing video information and unless you spent a lot more money RQ D ORW PRUH SROLFH RI¿FHUV WKLV LV JRLQJ WR WDNH DZD\ IURP SROLFLQJ LQ the community,’’ Tory said. ``So these are the kinds of things we’re going to have to take a very careful look at, but I am in favour of having cameras subject to resolving a lot of these issues.’’

NOVEMBER 2016

Some of those issues include serious battery problems that only alORZHG XVH RI WKH FDPHUDV IRU WKUHH WR ¿YH KRXUV SHU VKLIW DQG WKH PDMRULW\ RI RI¿FHUV ZRUN KRXU VKLIWV %DUVN\ VDLG There was also hope that the body cameras would have a positive HIIHFW RQ SROLFH RI¿FHUV E\ GHFUHDVLQJ XVH RI IRUFH LQFLGHQWV EXW WKHUH was little effect, according to the report. %XW LW QRWHG RI¿FHUV VXUYH\HG VDLG WKH\ IHOW WKH\ ORVW WKHLU XVH RI discretion, which led to an increase in arrests and a decrease in warnings. Saunders said technology has changed so quickly since they began looking into body cameras two years ago that many of these problems could be resolved. ``I think at the end of the day when we take the time necessary to get the right product that will give us the best results, I think it’s going to be a win not just for law enforcement but the public as well,’’ Saunders said. 3ROLFH IRUFHV KDYH WZR JHQHUDO RSWLRQV IRU GDWD VWRUDJH D FORXG EDVHG server hosted by a third party, usually off site, or local storage _ essentially giant hard drives that police forces own and operate themselves. Toronto police used their own hard drives, which is the single biggest cost in the program, Barsky said. The force, he said, opted for in-house storage because it wanted complete control over data for security reasons. There were also concerns that the U.S. Patriot Act allows American authorities to access data that is stored in their country. Despite the negatives, Barsky said it provides police with the best possible evidence that can be used in court. Surveys conducted by Toronto police showed 95 per cent of the public DQG SHU FHQW RI RI¿FHUV VXSSRUW WKH XVH RI WKH FDPHUDV Tory said he was disappointed the board didn’t receive the report until an hour before the meeting, so it will be discussed more completely at a meeting next month. )RUFHV DFURVV WKH FRXQWU\ DUH JUDSSOLQJ ZLWK ERG\ FDPHUDV What happens in Toronto could determine the situation in the rest of the province. Ontario’s police forces - save for a small force in Amherstburg that KDV DOUHDG\ RXW¿WWHG DOO RI LWV IURQWOLQH RI¿FHUV ZLWK FDPHUDV DUH watching Toronto following a directive from the Ontario Association of Chiefs of Police, which is supported by the Ministry of the Attorney General, Barsky previously told The Canadian Press. In Calgary, police had begun rolling out cameras to its front line RI¿FHUV DIWHU SXUFKDVLQJ FDPHUDV IURP D 8WDK EDVHG FRPSDQ\ But they had to test 150 cameras after discovering a problem with the built-in microphone. In Vancouver, police have opted out of the body camera game for QRZ FLWLQJ WKH KLJK FRVW RI VWRUDJH DV D VLJQL¿FDQW EDUULHU Montreal police are currently undergoing their own pilot project for WZR GR]HQ RI¿FHUV WR H[DPLQH LWV SRWHQWLDO XVH 26

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BOOK NEWS

Reviewed by Tom Rataj

One cop’s battle with the demons of PTSD recovery and even post traumatic growth, a reprioritising or resetting of life that can be brought on by the adversity of PTSD. In addition to his personal story, Knowler also offers a variety of strategies for dealing with PTSD, including personal, family and SURIHVVLRQDO VXSSRUW ¿WQHVV D KHDOWK\ GLHW DQG proper nutrition, spirituality and meditation, avoiding drugs and/or alcohol, equine therapy and other tools. He outlines what worked for him, and may work for others. One chapter is co-written with his wife, who provides her personal account of the challenges she faced while trying to save her husband, their marriage and family. Knowler has started Knowler Consulting, a service specialising in PTSD. 2Q 7KH 2WKHU 6LGH RI %URNHQ is available from Amazon.ca.

7,7/( 2Q WKH RWKHU VLGH RI EURNHQ AUTHOR: Brian Knowler, B.A., J.D PUBLISHER: Self-Published

Visit http://www.knowlerconsulting.com/ for more information or to contact Brian Knowler, B.A., J.D.

Homewood Health opens new PTSD and Trauma Clinic The clinic is the only group-based, full-year intensive outpatient treatment and aftercare program dedicated to trauma treatment and recovery in Canada. Located in the City of Mississauga, the clinic offers immediate access to customized outpatient treatment for Post-Traumatic Stress Disorder (PTSD) and other Trauma related conditions. Homewood Health has a 130-year history of treating mental health and addictions in Ontario, including running Canada’s only in-patient trauma treatment program. Homewood has more than 4,500 employees and clinical experts. The Homewood Health Centre is one of Canada’s largest facilities for medical treatment of mental health and addiction disorders, offering a complete suite of services including organizational wellness, employee and family assistance programs, assessments, outpatient and inpatient treatment, recovery management, return to work and family support services customized to meet the needs of individuals and organizations. The new clinic is located at: 77 City Centre Drive, Suite 604, Mississauga, ON L5B 1M5 www.homewoodhealth.com

$V WKH ¿UVW SROLFH RI¿FHU RQ WKH VFHQH RI D serious motor vehicle collision in 2004, Brian Knowler worked frantically to save the life of a seriously injured driver while awaiting the ambulance. During the rescue attempt he discovered the person whose life he was trying to save was a close friend from high school and university. Unknown to Knowler, his friend was fatally injured. No amount of medical intervention at the scene could have saved him. This was the catalyst that sent Knowler into an eight year downward spiral of post traumatic stress, seriously damaged his personal and professional life and almost costing him his own. 2Q 7KH 2WKHU 6LGH RI %URNHQ is Knowler’s very personal and straight-forward account of his struggles to cope, recognise, understand and survive the effects of PTSD. This 133 page self-published paperback is a quick read, written in an approachable style, and gives the reader a candid insider’s YLHZ RI WKH HIIHFWV RI 376' 3ROLFH RI¿FHUV and other emergency responders will likely recognise and better understand some of their own thoughts and feelings about operational stress injuries and post traumatic stress. Knowler sets the stage with that fateful night in 2004, then takes the reader through his struggle and eventual personal admission DQG RI¿FLDO GLDJQRVLV RI 376' LQ ,W WKHQ follows his rocky road through treatment and BLUE LINE MAGAZINE

NOVEMBER 2016

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Morley Lymburner, founder and publisher of Blue Line Magazine Inc., announced that the publication has been acquired by Annex Business Media in Aurora, Ontario. Morley, along with his wife Mary, founded Blue Line Magazine in DQG SXEOLVKHG WKHLU ¿UVW PDJDzine in January 1989. It has published continuously for the past 28 years. Annex is known for publishing over 50 trade magazines including subjects such as Fire Fighting and Aeronautics. He will remain with the magazine as a consultant. ••• Clive Weighill, Chief of the Saskatoon Police Service, received the 2016 Gold Medal for Excellence in Public Administration from The Institute of Public Administration of Canada, Saskatchewan Regional Group. Weighill was awarded the medal by Lieutenant Governor 9DXJKQ 6RORPRQ 6FKR¿HOG LQ D FHUHPRQ\ KHOG DW *RYernment House in Regina on September 20. The award is presented annually to a member of the community WKDW GLVSOD\V GLVWLQFWLYH OHDGHUVKLS RU PDNHV D VLJQL¿FDQW FRQWULEXWLRQ WR WKH ¿HOG RI SXEOLF DGPLQLVWUDWLRQ LQ 6DVkatchewan. Weighill was selected for his commitment to community partnerships and the implementation of innovative policing practices in the City of Saskatoon. ••• Dan Kinsella has been named the new deputy police chief of the Hamilton Police Service in Ontario. Kinsella has been with the HPS for 30 years and has worked in uniform patrol, emergency response, the training branch and communications. He most recently served as the superintendent in charge of investigative services. Kinsella holds a Bachelor of Fine Arts in Labour Studies and a Masters Degree in Criminal Justice, graduated from the Police Leadership Program at Rotman and the FBI National Academy of Quantico, Virginia. He is an 2I¿FHU RI WKH 2UGHU RI 0HULW RI WKH 3ROLFH )RUFHV DQG Queen Elizabeth II Diamond Jubilee Medal. ••• Robert Fahlman, former RCMP director general, has been hired as an advisor with law enforcement analytics firm Wynyard. He will provide insight to Wynyard on the law enforcement sector. Fahlman was the RCMP Director General Criminal Intelligence until retiring in 2011 after a 35 year career. In 1992 Fahlman was awarded the Canada 125 medal in recognition of his distinguished service to the Government of &DQDGD DQG LQ KH ZDV DSSRLQWHG DQ 2I¿FHU RI the Order of Merit of the Police Forces (O.O.M) by the Governor General. ••• William “Chuck” Scanlan has been appointed as the new deputy chief of the LaSalle Police Service. Scanlan began his policing career in 1983 with the Sandwich West Police Service (which later became the LaSalle Police Service). He moved up through the ranks to the position of staff sergeant in 2008, which he held before his promotion to deputy chief. The LaSalle Police Service is located immediately south of Windsor Ontario and HPSOR\V RI¿FHUV DQG FLYLOLDQV

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NOVEMBER 2016

BACK OF THE BOOK

By Chris D. Lewis

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6KRXOG RI¿FHUV FRQYLFWHG RI LPSDLUHG GULYLQJ EH ¿UHG" The Canadian public’s expectation is WKDW SROLFH RI¿FHUV ZLOO ZRUN DQG OLYH ZLWKLQ established legal frameworks and at a higher standard than other members of the communities they serve. Those parameters should not EH FDVW DVLGH DV WKH\ DUH QRZ LQ VRPH ± DOEHLW OLPLWHG QXPEHUV RI FDVHV ZKHQ RI¿FHUV GULYH while impaired. $ QXPEHU RI &DQDGLDQ RI¿FHUV KDYH EHHQ convicted of impaired driving. Most resulted from off duty incidents, but some have occurred on duty, while driving an unmarked police car and wearing a gun. I recall one HYHQW ZKHUH WKH RI¿FHU ZDV DFWXDOO\ RQ SDWURO in a marked police vehicle while drunk. The public should only be concerned about their speed when they spot a police car coming towards them, not whether or not the cop has been drinking. Some officers have been dismissed through Police Act hearings following impaired driving convictions over the years, but have been reinstated through various appeal processes. Because of these precedent setting cases, it seems no police Adjudicator is able WR GLVPLVV DQ RI¿FHU IRU WKLV XQOHVV WKHUH DUH other factors involved, like injury or death as a result of a collision. One year with a suspended driver’s licence and a second year with a breath alcohol ignition interlock device in the vehicle (which no police service is going to install in a police FDU SXWV WKH VHUYLFH LQ D SRVLWLRQ WR ¿QG GHVN ZRUN IRU WKDW RI¿FHU IRU WZR IXOO \HDUV 7KDW¶V challenging enough in a large force, let alone in a small one. There are only so many of the jobs available and they should be offered to those with valid health issues or demonstrated SHUVRQDO QHHGV ± QRW WR RI¿FHUV ZLWK OLPLWDtions coming from criminal convictions. Comparatively, most American police officers would be immediately fired upon conviction and in some instances merely for being arrested. Community members in civilian jobs where driving is a core part of their GDLO\ UHVSRQVLELOLWLHV DUH RIWHQ ¿UHG DW WKH moment of their arrest for impaired driving, and certainly once convicted. :K\ DUH &DQDGLDQ RI¿FHUV WKDW DUH HQtrusted with enforcing that very law treated differently? I don’t want to give the false perception that this is a rampant situation, but it does occur and it is blatantly wrong. , UHFRJQL]H WKDW VRPHWLPHV YDOLG LQÀXHQFing factors truly exist. Mental health issues like Post-Traumatic Stress Disorder must always NOVEMBER 2016

be considered during sentencing, but that also can’t become the fallback defence whenever DQ RIIHQGLQJ RI¿FHU¶V FDUHHU LV LQ SHULO Although my opinion will be abhorred by most police association leaders and some members, it will be tremendously popular with WKH PDMRULW\ RI RI¿FHUV ZKR UHPDLQ KRQHVW committed and as they bravely toil 24/7 to protect the public they are sworn to serve. Driving is a key competency for police RI¿FHUV 7KH\ QHHG WR NQRZ IURP GD\ RQH RI their employment that if they lose their driving privilege for driving while impaired, they will consequently lose the privilege of being D SROLFH RI¿FHU Legal minds much greater than mine need to effectively address this issue, so that we can rid police services of those that choose to get behind the wheel while impaired. I shudder to think how the forthcoming legalization of marijuana issue is going to further exacerbate this problem. Commissioner (Ret.) Chris Lewis was a member of the Ontario Provincial Police for 36 years, serving across Ontario in a variety of operational and command roles. He continues to consult, write and lecture on policing and leadership issues. He can be reached at: www. lighthouseleadershipservices.com.

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