Jack’s Newswatch - June 8th, 2006
Some thoughts from a recently retired officer (me):
This morning the Star broke a story outlining complaints made by the Ontario Provincial Police Association in regards to ongoing events in Caledonia. I think they have some validity and as you will later read — pity the poor cop on the frontline.
[…]
Talking for the first time since the volatile land occupation began 100 days ago, the president of the Ontario Provincial Police Association said a meeting is being held tonight in Caledonia so the association can hear the concerns of officers who have been told not to wear riot gear or tactical uniforms when dealing with native protestors, are being sent out without proper back-up and are left wondering if commanding officers and the courts will back them up when they try to enforce the law.
[…]
So far, 13 officers have been injured while assigned to the stand-off. Some injuries could have been avoided if officers had been allowed to follow their usual procedures, officers say.
[…]
For instance, the highly trained and heavily armed members of the OPP tactical team have not been allowed to wear their tactical uniforms.
“It’s okay to have an officer walking around in tactical uniform at Wasaga Beach on a long weekend, but it’s not okay in Caledonia,” Walsh said.
The standard practice for OPP officers dealing with an unruly crowd � as both the protestors and the townsfolk have sometimes been during the past months � is to dress in riot gear, with helmets, visors and shields.
“But these officers were ordered not to wear them for optical purposes,” said Walsh. The OPP doesn’t want to give the media, the protestors or residents the idea “there’s an increased level of aggressiveness” in what they consistently have called a “peaceful” operation.
[…]
Police officers rely for their protection not just on their fellow officers but also their superiors and the courts. In most cases the OPP continue to enjoy this protection.
In Caledonia they do not and the history goes back a bit.
The Ipperwash situation and it’s aftermath generated a firestorm within OPP ranks, especially with regard to Kenneth Deane (the tactical officer who was charged and later convicted of killing Dudley George and who is now deceased due to a traffic accident he was involved in). Not just within OPP ranks - officers serving within many municipal agencies were angry as we (I was one of them) formed the opinion that Deane was hung out to dry because it was politically expedient.
This site has held the view from the very beginning of the current situation in Caledonia that “Jaw, jaw is better than war, war” (Winston Churchill) and for that reason I advocate continued talking over violent action to remove the demonstrators. This stand has not only to do with a very real chance of loss of life.
It also has to do with a deep-seated mistrust of senior police officials and the elected politicians that control them — especially when you consider that the current government has been in trouble from “Day One” for lies.
All should be aware that while politicians will exclaim at every opportunity that they do not interfere in police matters (and senior police commanders will rapidly “jump on the bandwagon” to reafirm this point), “in fact they do” and every senior police commander is politically aware of the fallout that can occur if he or she tries to do their job.
Police agencies rely on government funded budgets to operate effectively. Upset the elected “guys and gals” who control the purse strings and your people are going to go without the equipment and training they need to do their job effectively. In point of fact money is going to be the very least of the problems you will encounter if you upset your master.
The same holds true for offices of the Crown Attorney and our penal services.
In very real terms there are penalties associated with “bucking the system” and politicians “can and do” interfere with the course of natural justice in this country albeit in an indirect way.
This afternoon Brent Colbert posted a letter on his blog which prompted me to write this entry:
TORONTO, June 7 /CNW/ -
VIA FACSIMILE (416) 325-3745
The Honourable Dalton McGuinty
Premier
Legislative Building
Queen�s Park
Toronto, Ontario
M7A 1A1Dear Sir:
Re: The Ipperwash Inquiry
We are counsel to the Honourable Michael D. Harris and represent him in The Ipperwash Inquiry.
In the legislature yesterday you were criticized by Progressive Conservative members regarding ongoing events in Caledonia, Ontario, where direct action has been taken by some First Nations persons regarding certain land issues. In responding to that criticism you made the following statements:
�The party opposite would prefer that we direct a police action. Let�s be honest about where they�re coming from in this regard. That is their reference. We bring a different approach. It is thoughtful; it�s based on our recent understanding of some painful lessons in the history of this province.
(�)
�I prefer to be direct with Ontarians. Again, the Conservatives prefer that we direct the police and that we send them out on some kind of police action. We see things differently. They have not drawn the appropriate lessons from what happened some four years ago. We have.
(�)
�But I suggest to my friend opposite that he really should own up to the fact that the objection he has, in terms of the approach we have taken, is that we have refused to direct the Ontario Provincial Police.
(�)
�What the member opposite is asking us to do is to direct the Ontario Provincial Police in the conduct of a police action.�
The plain meaning of these statements is that Progressive Conservatives have in the past preferred and have chosen to address direct action by First Nations persons by directing police operations against them. Any reasonably informed Ontarian would also understand through your references to the past and �painful lessons in the history of this province� that your words referred to the police operations involving First Nations persons at Ipperwash Provincial Park in 1995 and their tragic outcome.
Your statements demonstrate complete ignorance of the evidence that has in fact been heard by The Ipperwash Inquiry. The allegation that Premier Harris directed the police operations at Ipperwash is unfounded.
Your statements also presume the outcome of matters in issue in The Ipperwash Inquiry�s ongoing proceedings. For a Premier of Ontario to make such statements is plainly prejudicial to the integrity of The Ipperwash Inquiry�s process. You should immediately withdraw your improper statements and apologize to Commissioner Sidney Linden.
Any allegation that Premier Harris directed the police operations at Ipperwash is also gravely defamatory of Mr. Harris personally. Our client will not tolerate the revival for your present political purposes of irresponsible and unfounded smear tactics deployed against our client in the past by members of your government.
If you make such statements again outside the legislature, either expressly or impliedly, legal proceedings will immediately be commenced against you personally.
Yours truly,
Peter A. Downard
cc. W.A. Derry Millar, Lead Commission Counsel, The Ipperwash Inquiry
Now we begin to arrive at the reason why police have not acted in Caledonia and I highly recommend they continue their present course. This entire situation is a pissing contest between elected politicians and a smart cop is not going to get caught in the middle of it, especially when they stop to consider what happened to Ken Deane.
“Yah but…”
No “Yah but’s…” — the OPP are not the villains in this affair.
The very root of English law relies on the wisdom of the police officer “on the ground” to make the right decision — it’s called “original authority” and in this case officers are complaining that they are not permitted to exercise their best judgement. It happens in many other cases — notably family violence.
Your friendly police officer’s authority is being steadily eroded by elected politicians who listen and respond to polls.
Politicians who are “here today, gone tomorrow” and I ask you — “Who’s causing that problem?”
The cop that obeys orders or the people that give them?
I leave it to you to decide.
Well trained police officers (many could make defense attorneys with years of experience look like a fool) know how to do their job and the latest fine young officers are more than willing to go in and sort this situation out. But in the current political climate why risk your career, your paycheque and your family’s future to a bunch of grovelling politicians who don’t care “thing one” about you?
I have a reason for making that last statement and I think the officers on the ground should be bitching.
“But” — serving police officers in this country should be warned.
I made that mistake (if you can call “fidelity” a mistake) and I paid a price as my life changed in ways I couldn’t control.
“I’ve been there, done that.”
In many ways I lost as my career went into a nose dive. Much later, a retired OPP District Superintendant who for a short time (far to short) was my boss took me aside one day and after reviewing my file said to me — “You haven’t had a happy career, Jack”.
My answer — “True — but I can still look at myself in the mirror and know I did my best.”
He nodded his head and walked away. Later he protected me.
He is my idea of what a true professional is all about.
I would remind all officers involved at Caledonia that the OPP have seen this movie before and I would be careful “what I wished for”.
The outcome is often unpleasant.
Gone for the day.
Goodnight.
Update: June 10th, 2006
The OPP now have their token arrest. Good for them — nothing like covering your butt in a bad situation.