May 12, 2010 Toronto Star
Robyn Doolittle
The union representing the Ontario Provincial Police wants a judge to throw out a case that accuses its officers and commissioner of breaking the law.
The OPP is accused of violating a section of the police act that deals with the Special Investigations Unit. The SIU investigates cases of serious death or injury involving police.
The union says the case shouldn’t be in court because there is already a police complaints system set up to investigate allegations of misconduct.
But can the commissioner of the OPP be charged with police act offences? Under current legislation, it seems almost impossible.
MPP Peter Kormos, the NDP critic of Community Safety and Correctional Services, said, “(Commissioner) Julian Fantino’s lawyers are trying to quash the action taken in Superior Court, suggesting that any complaints have to be taken through the complaints process.
“But in the case of the OPP, that means reporting it to Mr. Fantino, which is incredibly bizarre.”
The OPP is unique in the province. Unlike a municipal force, such as Toronto, there is no police board. Because of this, allegations of misconduct against the commissioner go directly to the Minister of Community Safety Rick Bartolucci.
“I’m not sure that it has ever happened,” said the minister’s spokesperson, Laura Blondeau. “We are not aware of precedence, so I can't speak to something that has not occurred.”
Last week, SIU director Ian Scott filed court documents declaring he believed the OPP is routinely breaking the law when it comes to SIU investigations. The long-standing practice of officers having their notes and comments approved by union lawyers, as well as one lawyer representing all the officers involved is illegal, he argues.
At Queen’s Park Tuesday, Kormos demanded Fantino be fired over the controversy.
The case begins Thursday.