|
Ottawa
Police Services Board
Minutes 10
Monday,
28 September 2015, 5:00 p.m.
Champlain
Room, 110 Laurier Avenue West, Ottawa
|
Present: Councillor E. El-Chantiry
(Chair), J.
Durrell (Vice Chair), Councillor J. Harder, C. Nicholson, L.A. Smallwood, Councillor
T. Tierney, S. Valiquet
Chair
El-Chantiry asked everyone in attendance to rise for a moment of silence in remembrance
of the one year anniversary of Staff Sergeant Kal Ghadban’s passing, and in
honour of the four officers
who died in the line of duty this year who were honoured at the annual Canadian
Police and Peace Officers' Memorial on the weekend.
CONFIRMATION OF AGENDA
Member Smallwood inquired about the
appointment of a retired OPS officer as a consultant and wondered if this has
happened in the past and if it could happen again in the future. He noted there
is currently no policy that deals with this type of situation.
Chair El-Chantiry informed the Board
that he has instructed the Executive Director to draft a policy dealing with
this matter and it will be presented to the Board later this year.
Chief Bordeleau explained that as
there is currently no Board policy, he referred to the City of Ottawa’s policy and
worked with their procurement officers to ensure no policies were breached.
ITEMS OF BUSINESS
1.
CHIEF’S VERBAL
REPORT
Chief Bordeleau reported on the following items (a
copy of the Chief’s verbal report will be kept on file with the Board’s
Executive Director and is available online at ottawapoliceboard.ca):
·
Wilno
homicides
·
Stabbing
Death on Jasmine Crescent
·
Incident in the ByWard Market
·
Successful Investigations
o
Man Charged in Relation to 7 Robberies
o
Man Charged in Series of Thefts
o
Joint Organized Auto Theft Investigation
o
Human Trafficking
Charges
o
Guilty Verdict in
Parental Abduction
·
Taxi
Strike
·
Guns
& Gangs Update
·
City-Wide School
Zone Enforcement
·
Award
of Order of Merit of the Police Forces to OPS Members
·
Canadian Police
& Peace Officers' Memorial Service.
Stabbing Death on Jasmine Crescent
Member Tierney commended the Service for their response
time to this tragic event. He noted that residents are getting together with
the OPS, Crime Stoppers and other community organizations to speak to the
residents and give them some level of comfort and to keep youth engaged in the
opportunities that exist within the community.
Taxi Strike
Member Tierney stated that most people are thankful for
the injunction prohibiting taxi drivers from blocking the Airport Parkway, however,
he wanted to know why the strikers had been allowed to block roadways.
Chief Bordeleau explained that managing labour
disruptions is very complex and it falls on the OPS to maintain public safety
for everyone involved and to remain impartial and neutral. He noted that
anyone blocking a roadway would be arrested, however, there is an added dynamic
to this situation. This is an organized labour dispute that must be monitored
and managed. The officers managing this fluid situation have done tremendous
work building relationships with all parties involved and mitigating serious
disruptions that could have happened at other sites. One lesson learned in
policing is that every action has a reaction. When officers move in forcefully
and disrupt illegal activity that may resolve the current situation, however, other
things could take place escalating the situation. The situation is constantly
monitored and the incident commanders are constantly making decisions that have
the Chief’s and Executive Command’s support.
The Chief said it is illegal to block a roadway and the
police have the authority to arrest an individual, however, they also have
discretion in affecting the arrest and with labour disruptions or major
demonstrations, officers employ critical discretion to ensure everyone stays
safe. He re-iterated that the priority has always been to ensure public safety
and road access while balancing the right to demonstrate. Where warranted, officers
have launched investigations and laid charges for unlawful activities,
including vandalism and mischief. They continue to monitor the situation and
intervene as required.
Vice Chair Durrell stated that the community’s confidence
in the Service is its greatest strength. It is his personal opinion that the
decision to allow drivers to block the roadway created a crisis of confidence.
He is proud of this Service and has defended it many times, however, he was
offended that this incident was allowed to happen.
Chief Bordeleau noted that it is not
for the OPS to judge the value or the merits of a labour disruption. As an
example he spoke about the OC Transpo strike and the multiple ways traffic was
blocked, and he did not recall officers being criticized for their actions at
that time. Officers have been respecting the drivers’ right to demonstrate
without escalating the dispute. He continues to support and stand by their
work.
Member Harder noted that as the
Nation’s Capital there are always protests of one sort or another happening, but
not to the extent of this protest. She opined that the OPS were not treating
the drivers the same way they would treat other protesters due to the fact that
this protest has the potential to be more volatile than others. She said the
community is incensed that this has been allowed to go on resulting in little
to no public acceptance of the situation.
Responding to Member Harder’s question regarding the
policies of other nation’s capitals, Chief Bordeleau explained that Canada has
the Charter of Rights and Freedoms and cannot be compared to the United States
or any other country.
Responding to Member Harder, Chief Bordeleau stated that
given the same facts he would support the decisions made by the commanders on
the ground. The OPS manages over 600 demonstrations in the Nation’s Capital
every year and other services across Canada look to the OPS to see how they are
managed successfully. The Chief is proud of the approach used to manage these
demonstrations. From a public policy perspective it would be wrong to treat
demonstrators differently because of who they are or where they are
demonstrating. Police officers are sworn to uphold the Constitution of Canada
and the Charter of Rights and must do so in an impartial way.
Chair El-Chantiry believed officers have done a good job
managing the situation and noted those who broke the law were charged. It was a
frustrating time and the officers on the ground made the best decisions based
on the immediate situation. He noted if the police had been heavy-handed,
there would have been other complaints. He thought it was good to have this
open dialogue so that members of the community better understand what happened
and how it was handled.
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
2.
PURCHASE OF NIGHT
VISION DEVICES AND GOGGLES
Chief’s report
That the Ottawa Police
Services Board approve the purchase of 29 units of “NVD-BNVD P+” Night Vision
Goggles from Millbrook Tactical of Stittsville, Ontario at a cost of
$407,045.00 (excluding taxes).
CARRIED
3.
OTTAWA POLICE GALA
- FUNDRAISER IN SUPPORT OF THE OTTAWA FOOD BANK AND CARING AND SHARING EXCHANGE
Executive Director’s report
That the Ottawa Police Services Board
approve the purchase of a table at the Sixth Annual Ottawa Police Gala being
held on November 7, 2015 at the Shaw Centre, at a cost of $1,750.
CARRIED
4.
BOYS
AND GIRLS CLUB OF OTTAWA: 2015 AWESOME AUCTION FUNDRAISER
Executive Director’s report
That the Ottawa Police Services Board
approve the purchase of a table at the Boys and Girls Club of Ottawa Awesome
Auction being held on November 13, 2015 at the Shaw Centre, at a cost of
$1,000.
CARRIED
5.
APPOINTMENT OF
SPECIAL CONSTABLES - OTTAWA POLICE SERVICE
Chief’s report
That the Ottawa Police Services Board
approve the appointments listed in Annex A as Special Constables pursuant to
Section 53 of the Police Services Act, in accordance with the terms and
conditions set forth in the attached Approval of Appointment form.
CARRIED
6.
APPOINTMENT OF
SPECIAL CONSTABLES – OC TRANSPO
That the Ottawa Police Services Board approve the
appointments of Owen David Andrews and Joshua Adam Gibeault as Special
Constables pursuant to Section 53 of the Police Services Act, in
accordance with the terms and conditions set forth in the attached Approval of
Appointment form.
CARRIED
7.
2015
PUBLIC SURVEY RESULTS
Chief’s report
Presentation
Chief Bordeleau explained that every
three years the OPS surveys the public on perceptions of crime, feelings of safety,
what people think of the OPS and the service being provided. He introduced Mr.
R. Mar, Director, Planning, Performance & Analytics who presented the
survey results along with Mr. S. Dallaire and Mr. S. Poitras from Leger, The
Research Intelligence Group. (A copy of the presentation will be kept on
file with the Board’s Executive Director.)
Board members asked a number of
questions which were responded to by staff. Member Harder noted in particular the
increase across the City in feelings of insecurity in public transport and
public areas. She suggested that this information be shared with OC Transpo or
the Transit Commission.
Member Tierney referenced the results related to
traditional media versus social media and asked if there was a benchmark. Mr.
Mar responded a benchmark has been established, however, due to the volume of
information it was not included in this presentation. There has been an
increase in the uptake from social media and other new media. Moving forward,
it will be important to include previous survey results in order to monitor the
various ways individuals are communicating.
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
8.
REPORT ON
SPECIAL INVESTIGATION UNIT INVESTIGATION
Member Harder wanted to know: what experience do SIU investigators
have; why would charges be laid when it was obvious that no reasonable prospect
of conviction existed; how often does this happen; and if there is anything
that could be done to help alleviate the costs and consequences that arise from
apparently unfounded charges.
Chief Bordeleau explained that the SIU is a provincial
body mandated to investigate potential criminal activity committed by police
officers where death, serious injury, or sexual assault may have occurred. SIU
investigators are usually former police officers who bring a skill set with
respect to conducting investigations. In this particular case the SIU was
notified of an incident and determined that they would invoke their mandate.
An investigation was conducted and criminal charges were laid against the
officers; the charges were later dropped by the Crown Attorney. As Chief he
had concerns about there having been others in the room with the officers and
needed to be satisfied there were no other criminal acts, so he retained the
OPP to conduct an investigation. They deemed no criminal act had taken place.
The officers conducted themselves in a professional manner and the withdrawal
of the charges and the outcome of the PSS and OPP investigations confirmed
that. Although the SIU has not had a high successful conviction rate with
their charges, the Chief wanted to reiterate he strongly believes in oversight
and the value the SIU brings to ensuring police officer accountability.
In response to further questions the Chief agreed that when
the SIU invokes their mandate and conducts investigations with similar outcomes
it does have a detrimental effect on officers’ morale. The length of time it
takes to complete an investigation is frustrating and stressful for the officers.
Vice Chair Durrell agreed with Member Harder’s comments.
He believed that this instance was an abuse of power. He said he would like to
see the Chair write a letter to the Attorney General and express the Board’s
concern, using this incident as an example.
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
9.
OUTSTANDING BOARD
INQUIRIES & MOTIONS: SEPTEMBER 2015
Executive Director’s report
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
10. LETTERS OF COMMENDATION
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
COMMUNICATIONS
a)
STRATEGY
FOR A SAFER ONTARIO
-
Letter dated 21
July 2015 from Minister Y. Naqvi, Community Safety and Correctional Services to
Chair F. Scarpitti, York Regional Police Services Board
b)
RECOMMENDATION TO
IMPROVE THE TIMELINESS OF INVESTIGATIONS CONDUCTED BY THE SPECIAL
INVESTIGATIONS UNIT
-
Letter dated 1
September 2015 from Chair, A. Pringle, Toronto Police Services Board to
Minister M. Meilleur, Attorney General
c)
RECOMMENDATION TO
ESTABLISH A 9-1-1 CELL PHONE USER FEES AND GRANT PROGRAM
-
Letter dated 1
September 2015 from the Toronto Police Services Board to Minister Y. Naqvi,
Community Safety and Correctional Services
That
the Ottawa Police Services Board receive these communications for information.
RECEIVED
CONSIDERATION OF MOTION TO MOVE IN
CAMERA
Moved by J.
Harder
That the Ottawa Police
Services Board adjourn the public portion of its meeting to move In Camera to
discuss confidential items pertaining to legal and personnel matters, in
accordance with Section 35(4)(b) of the Police Services Act.
CARRIED
ADJOURNMENT
The meeting adjourned at 6:20 p.m.
(original signed by) (original
signed by)
____________________________ _____________________________
W.
Fedec E. El-Chantiry
Executive
Director Chair