'Toothless' police watchdog needs overhaul: Ontario ombudsman

Last Updated: Tuesday, September 30, 2008 | 3:29 PM ET

CBC News

Police oversight "has hit rock bottom in Ontario" because of a watchdog agency that is timid, fearful, and lacking in rigour, Ontario's ombudsman said Tuesday as he introduced a report on Ontario's Special Investigations Unit.

"It is clear that something must be done to dispel the SIU’s image as a toothless tiger and muzzled watchdog if it is to earn the respect of police officials as well as the public at large,” André Marin says in a report titled "Oversight Unseen."

The agency has been investigating cases of serious injury or death involving police for the past 18 years.

But serious concerns about its credibility and effectiveness have been raised with the Ombudman's office by members of the community over the past two years, said Marin, who once headed the agency.

In his report, he criticized the SIU for:

Turning "a blind eye" when police don't notify them or respond to interview requests as quickly as the law requires, resulting sometimes in delays of "days or weeks."
Being reluctant to insist on police co-operation with investigations.
Having a culture that is influenced by too many former police officers among its staff.

The SIU has "bought into the fallacious argument that SIU investigations aren’t like other criminal cases, and that it is acceptable to treat police witnesses differently from civilians," the report said.

The agency keeps no records of police non-co-operation, and is reluctant to force co-operation, the report said.

Marin blamed the problems on a lack of infrastructure and authority, along with the fact that it has " become so timid and fearful in its watchdog role."

The report makes 45 recommendations, including a call for the government enact legislation to make it an offence for police forces not to co-operate with the SIU.

In addition, it recommends that the SIU:

Aggressively work to determine why police aren't cooperating.
Diversify its workforce using "whatever means are available."
Make its reports completely public.

Ontario to boost funding by $700,000

The SIU and the Ministry of the Attorney General co-operated fully with Marin's investigation and welcome the recommendations, said a news release from Marin's office.

A news release from the ministry states that it will take steps in response to the report, including to:

Provide an additional $700,000 — a 12 per cent increase — to fund eight new SIU staff, including civilian investigators and community outreach staff
Provide one-time funding for a Mobile Investigative Centre that will allow SIU investigators to establish an independent presence at the scene of major incidents, and conduct instant, thorough, secure and video-taped interviews with witnesses
Provide for the appointment of SIU Directors to a five-year term
Clarify the accountability and independence of the SIU Director in a new Memorandum of Understanding between the ministry and the SIU to ensure the organization is accountable to the taxpayer but has total independence in decision-making

The investigation is the seventh and largest-ever review of the SIU. Launched in June 2007, it involved more than 100 interviews and the review of tens of thousands of pages of documents.