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
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Montreal man facing charges following contraband drone drop at Millhaven: OPP
The Ontario Provincial Police (OPP) says a 40-year-old man from Montreal is facing charges following a suspected drone drop of unauthorized items at the Millhaven Institution.
Potentially toxic chemicals hide in our drinking water and countless household objects, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Nigeria's fashion and dancing styles in the spotlight as Harry, Meghan visit its largest city
Nigeria's fashion and traditional dances were at full display on Sunday as Prince Harry and Meghan arrived in its largest city, Lagos, as part of their three-day visit to the country to promote mental health for soldiers and empower young people.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Police investigating after tow trucks shot at in Scarborough two hours apart
Toronto police are investigating after tow trucks were shot at in Scarborough about two hours apart Saturday night.
Cyclist issued fine for striking four-year-old girl crossing the street
A cyclist turned herself in and received a fine after striking a four-year-old girl who was crossing the street to catch a school bus.
U.K. foreign secretary says halting arms sales to Israel would only strengthen Hamas
Asked whether the U.K. would follow the U.S. in threatening to cut the supply of offensive weapons to Israel if it carried out an attack on the southern Gaza city of Rafah, Foreign Secretary David Cameron said the two countries cannot be compared because unlike the U.S., Britain supplies a very small amount of Israel's weapons.
Local Spotlight
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.