Inquiry into Emergencies Act urged to recommend greater political oversight of police
There is virtue in clearly defining the difference between government oversight of law enforcement and the independence of police, experts told a public inquiry Thursday, although it is not as straightforward as some witnesses have suggested.
The concept of police oversight and independence came up time and again over six weeks of fact-finding testimony at the Public Order Emergency Commission, which is investigating the federal Liberal government's use of the Emergencies Act last winter.
Throughout the inquiry hearings, police and politicians described a separation between police operations and policy, and said politicians and police boards should never direct operations.
The line was often described as a separation between church and state.
"For me, it's pretty clear. Anything operational, we're advising what's happening, but we're not taking direction on how to do things," RCMP Commissioner Brenda Lucki testified on Nov. 15. She suggested the federal government should more clearly define the line that politicians should not cross in legislation.
While an expert panel of witnesses agreed Thursday that the line should be more clearly defined, Guelph University political science professor Kate Puddister said such a stark distinction is unhelpful.
"My perspective is that this distinction, in an attempt to draw a clear line between the two, does a disservice," she said. "This formulation allows governments to shirk responsibilities with respect to policing, perhaps as a method of political strategy."
The commission is investigating the events that led up to the government's decision to invoke the Emergencies Act last winter in response to the weeks-long "Freedom Convoy" protest in Ottawa and similar protests at border crossings across Canada.
The commission also has a mandate to give recommendations about how to modernize the law, and suggest areas where further study could be warranted.
Six weeks of public hearings ended last Friday, culminating in hours of testimony from Prime Minister Justin Trudeau, and the commission has now turned to expert testimony on a range of issues related to the protest.
The police governance experts who testified Thursday reaffirmed the importance of police services being independent of political interference. Otherwise, they risk being seen as "a tool of the government of the day," as Ryan Teschner, the executive director of the Toronto Police Services Board, said in his testimony.
But all agreed police need more oversight over some elements of their operations.
"We have for too long had a rather vague and sometimes often overblown conception of police independence from government," Teschner said.
Michael Kempa, a criminologist with the University of Ottawa, suggested legislators "simply jettison the term 'operations' altogether," and define police independence "in terms of the exercise of their powers of investigation, arrest and the laying of charges."
The experts also suggested all police services in Canada should have some kind of civilian oversight body, like a police commission or board.
Most urban police services in Canada have one, with the exception of provincial police and RCMP. The RCMP commissioner reports directly to the minister of public safety.
Instituting a board would mean that all political direction to police would be public and documented, and ensure "ministerial direction is appropriate and given when necessary," Puddister said.
Commissioner Paul Rouleau said some of the panel's recommendations may make their way into his final report, though he wouldn't say which.
Rouleau and his team must deliver their findings by Feb. 6, with the report to be made public by Feb. 20.
This report by The Canadian Press was first published Dec. 1, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Canada's most wanted fugitive arrested in P.E.I. in connection with Toronto homicide
A suspect in a fatal shooting in Toronto’s east end last summer has been arrested in Charlottetown, just one week after he topped a list of Canada’s most wanted fugitives.
Concerns about plexiglass prompt inspections at some Loblaws locations in Ottawa
Inspections are underway at more than one Loblaws location in Ottawa after complaints were filed about tall plexiglass barriers.
Wisconsin school district says active shooter 'neutralized' outside middle school
A Wisconsin school district said an active shooter was 'neutralized' outside a middle school in Mount Horeb on Wednesday, and no one inside the building was injured.
Poilievre unrepentant over calling Trudeau 'wacko' as his MPs say Speaker should resign
Conservative Leader Pierre Poilievre says he does not regret calling Prime Minister Justin Trudeau 'wacko,' and now his MPs are renewing calls for the House of Commons Speaker to resign, this time over ordering the Official Opposition leader to leave the chamber.
NDP Leader Jagmeet Singh confirms his party will support the Liberals' federal budget
NDP Leader Jagmeet Singh says his party will support the federal budget, ending any speculation that the party could pull out of its deal with the minority Liberal government.
Toddler of Phoenix first responder dies after bounce house goes airborne
A two-year-old child died after a strong gust of wind sent the bounce house he was in airborne and into a neighbouring lot in central Arizona, the Pinal County Sheriff's Office said.
Dental care program accepting claims for 1 million seniors
Citizens' Services Minister Terry Beech says 1,200 seniors have already visited a dentist and had their claims processed by the federal government's new dental care plan.
Lawyers for alleged serial killer to argue he is not criminally responsible
Defence lawyers told court they will argue alleged serial killer Jeremy Skibicki is not criminally responsible for the deaths of four Indigenous women by way of a mental disorder.
B.C. tribunal decides first case involving non-consensual sharing of intimate images
In a first-of-its-kind case, a B.C. tribunal has ruled on a dispute involving the non-consensual sharing of intimate images, awarding damages and issuing orders that the photos be destroyed and taken offline.
Local Spotlight
Here's how one of Sask.'s largest power plants was knocked out for 73 days, and what it took to fix it
A group of SaskPower workers recently received special recognition at the legislature – for their efforts in repairing one of Saskatchewan's largest power plants after it was knocked offline for months following a serious flood last summer.
Quebec police officer anonymously donates kidney, changes schoolteacher's life
A police officer on Montreal's South Shore anonymously donated a kidney that wound up drastically changing the life of a schoolteacher living on dialysis.
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.
Road closed in Oak Bay, B.C., so elephant seal can cross
Police in Oak Bay, B.C., had to close a stretch of road Sunday to help an elephant seal named Emerson get safely back into the water.
B.C. breweries take home awards at World Beer Cup
Out of more than 9,000 entries from over 2,000 breweries in 50 countries, a handful of B.C. brews landed on the podium at the World Beer Cup this week.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.
Haida Elder suing Catholic Church and priest, hopes for 'healing and reconciliation'
The lawyer for a residential school survivor leading a proposed class-action defamation lawsuit against the Catholic Church over residential schools says the court action is a last resort.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.