SIU ineffective police watchdog: Ontario ombudsman

The province's Special Investigation Unit has "lost its way" and needs to be completely overhauled if it hopes to be an effective police watchdog agency, according to Ontario's ombudsman.

Sympatico MSN News 

ctvtoronto.ca

02 October 2008

Andre Marin released a scathing review on the SIU Tuesday afternoon, telling reporters the agency is a "toothless tiger" and "muzzled watchdog" that suffers from a faulty infrastructure, a lack of resources and a mandate that lacks clarity.

He slammed the civilian group for keeping their reports from public view and said SIU officials are being kept on a short leash by the ministry of the attorney general. In addition, investigators with the SIU -- many of them former police officers -- are loyal to a "police culture" that has no place in the agency, he said.

"We need to root out the police culture among the staff," he said. "The wearing of police rings by SIU investigators should not be tolerated. Some of them wore the rings in interviews with us."

The SIU, a provincial body that is called in to probe incidents where civilians are gravely or fatally injured in the presence of police officers, has responded favourably to the ombudsman's recommendations, Marin said.

However, he said the SIU has so far only made "vague" commitments," he added.

"I will be watching closely, because the SIU's commitments were couched in vague and vapid generalities, while the ministry's promise to consult with Ontarians on new legislation was rather amorphous."

The SIU has not commented publicly on the report.

Investigative mistakes

 Among the more serious accusations Marin made against the SIU is that the agency's detectives often bungled investigations.

The law states that police must notify the SIU instantly if a civilian is injured in their presence. Marin's review found that often times the SIU was being called in more than an hour after the incident occurred.

"Any investigator will tell you that the first hour is crucial in any investigation," said Marin. "Police rarely notify the SIU as quickly as is mandated by law. The SIU fails to respond with rigour and intensity."

Marin said it is impossible to know if the outcomes of SIU probes would have been different if the investigation had been conducted in a proper way.

"There may have and there may not have (been different outcomes) but the mistakes throughout the investigative process are so glaring that it's impossible for us to know if they made a mistake in the outcome," he said.

Marin, who once headed the SIU, said he began his review of the agency after he noticed an increasing number of complaints.

There were 46 recommendations in his report. Among them is a request to make police co-operation with the SIU mandatory through legislation. He also recommends that the SIU investigate why the police have routinely not co-operated with the agency's regulations.

"The SIU has become so timid and fearful in its watchdog job role, that police oversight has hit rock bottom in Ontario," Marin said as he released the report.

"It has preferred to focus its energy on an introspective, esoteric, pie-in-the-sky journey that has little to do with holding police accountable." 

Police watchdog 'toothless,' Ombudsman says

Civilian agency sees through 'blue-coloured glasses' when it investigates officers involved in death or serious-injury incidents  

Toronto Globe & Mail

October 1, 2008 at 3:44 AM

 EDTKAREN HOWLETT TORONTO — The oversight of police in Ontario has hit rock bottom, says the province's Ombudsman in calling for sweeping changes to ensure that the men and women in blue are held to the same standard as every other citizen when under investigation.

In his report released yesterday into the civilian agency that oversees police, Ombudsman André Marin confirmed what many have long suspected: The Special Investigations Unit has a pro-police bias and treats those under investigation more like peers than suspects.

"There's no doubt in my mind that an SIU investigation is one which is currently done through blue-coloured glasses," Mr. Marin said at a news conference yesterday. "There's no doubt that there's a police bias in their approach to investigations."

The agency needs to radically transform itself from a "toothless tiger" into a watchdog with teeth, Mr. Marin said. But he questioned the government's commitment to implementing all of his recommendations, and Attorney-General Chris Bentley did little to allay his concerns.

The agency boasts on its website that it treats police officers the same as civilians who are under investigation - its motto is "One Law." But Mr. Marin said these claims are "just empty rhetoric and puffery by an organization that has lost its way."

His report follows an investigation launched by his office in June, 2007, amid complaints that the SIU has a pro-police bias. He found plenty of evidence to back up those complaints. These include delays and lack of vigour in investigations, a reluctance to insist on the co-operation of police, and a culture overly influenced by former police officers - all of its investigative managers are retired police officers, says the 161-page report, called Oversight Unseen.

The SIU was created in 1990 to dispel concerns about police investigating themselves whenever they are involved in an incident that causes serious injury or death. Criminal prosecutions remain rare. In 2006, the SIU investigated 226 cases but laid only two charges.

Mr. Marin said legislation is needed that would make it an offence for police officers not to co-operate with the SIU in an investigation, and to give the agency the infrastructure and resources to be truly independent of government. But he said it remains to be seen how far the government is prepared to go. The Ministry of the Attorney-General's response to his recommendations "appeared reserved and vaguely non-committal," his report notes.

Mr. Bentley told reporters yesterday that the government is acting on a number of recommendations. It is giving the SIU additional funding of $700,000 to hire eight new investigators. It is also signing a new memorandum of understanding with the head of the SIU to ensure that he is more independent of government.

Mr. Marin's report criticizes the government for awarding incentive pay to the head of the SIU, a practice that he says could compromise his independence. In fact, the report notes that a lawyer in the AG's ministry "flipped out" when he learned of the pay scheme, but was overruled.Mr. Bentley said he wants to ensure that the head of the SIU is not influenced by anybody else in making decisions. But he appeared reluctant to go further by introducing legislative changes.

"Whatever the perception, there is no objective evidence that any investigations were affected by improper motives," he told reporters.

Progressive Conservative MPP Christine Elliott said Mr. Bentley's reaction was "totally inadequate" given the seriousness of the issues raised by the Ombudsman. She said new legislation is needed to entrench the independence of the civilian agency.

"Until that's done, I don't think we will have either the reality or the perception of independence," she said in an interview.

New Democrat MPP Peter Kormos said neither the government nor the SIU appear to have been doing their job. "If the public doesn't have confidence in the SIU, it undermines public confidence in the police in general," he said.

The Ombudsman said the SIU is steeped in police culture. Some investigators openly display their association with their former colleagues by wearing police watches, ties and "thin blue line" rings, the report says.

Police routinely delay reporting incidents resulting in serious injury or death to the SIU, the report says. Police are required by law to report cases immediately, but in 64 shootings, they waited more than an hour in one-third of the cases, the report says. The agency often compounds the delay by waiting days or weeks to interview officers who witnessed an incident.

"Rather than attempting to scale the 'blue wall,' " the report says, "the SIU has adapted its practices and tried to go around it."

Policing the police

Ontario Ombudsman André Marin highlighted several cases in his report. These include:

FRANK GREDA

The SIU was notified of a horrific case on June 27, 2005. Mr. Greda had stabbed his two children and their mother to death and then shot himself after shooting at police. The SIU took 1½ hours to dispatch seven investigators to the grisly killings in London, Ont. The first investigator arrived five hours after the incident. The last investigator did not arrive until eight hours after. The SIU did not interview police officers who witnessed the killings until the next evening.

JAMES MALTAR

Mr. Maltar was arrested at 10:33 on the evening of Sept. 18, 2005, for failing to identify himself to police officers after he was stopped for driving a car without licence plates. A half hour later, the 45-year-old man was shot dead at the Ontario Provincial Police detachment in Port Credit after a struggle with two officers.

The SIU, which was not notified of the incident until an hour later, dispatched eight investigators in a staggered fashion. Four investigators made it to the scene within two hours. But the other did not arrive until up to five hours after Mr. Maltar was shot.

"Something went wrong in the holding cell," his brother, Tom Maltar, told reporters yesterday. "I think he was trying to escape. We didn't find out until three days later that he had died. We heard on the radio he was shot in the head."

DUANE CHRISTIAN

In the early hours of June 20, 2006, two police officers discovered a stolen van being driven along Lawrence Avenue in Toronto. They followed the van to the rear of an apartment building. When they approached, the driver revved the engine and drove toward one of the officers. Her partner shot the driver, a 15-year-old black youth named Duane Christian, who died at the scene.

The SIU were not notified until an hour and 15 minutes later. Time should have been of the essence, but the SIU response was substantially delayed. Four witnesses were waiting at a police station to be interviewed, including Duane's mother. It was not until much later that the mother received official notice of her son's death. The canvass of apartment buildings did not start until five hours after the shooting and continued for several days.

Karen Howlett 

Troubled SIU gets new boss, critics cry foul 

Toronto Star 24 Sep 2008 04:30 AM  

Robyn Doolittle

Staff Reporter

Note: This article has been edited to correct a previously published version. 

Critics are furious at news that a new director has been named for the province's Special Investigations Unit, just one week before the release of a potentially damaging report.

"I'm just outraged that they've hired someone without hearing what the Ombudsman is going to recommend," Kimberly Murray, a lawyer who sits on the SIU director's resource committee, said of the appointment by the Attorney General's office of Crown attorney Ian D. Scott.

"I don't know Ian Scott personally, so I can't really comment on him as an individual or on his work, but I'm concerned about the process."

Scott, a former defence lawyer who has defended and prosecuted police officers, will take over the top SIU job Oct. 16, at the end of embattled director James Cornish's four-and-a-half-year term.

Avvy Go, who also sits on the SIU resource committee, echoed Murray's concerns.

"They've never consulted communities even in the past. The appointment process has never been very transparent," she said. "I hope Mr. Scott will work on improving the effectiveness of SIU and takes more seriously some of the concerns and criticisms ... levelled against the agency, particularly by victims and their families."

Last summer, Ontario Ombudsman André Marin announced he would be launching an extensive probe into the SIU – which investigates all cases of serious injury or death involving police officers – after receiving a "troubling increase" in complaints against the agency.

The report was initially expected late last year, but as it evolved into one of the largest probes in the Ombudsman's office's history, the deadline continued to be extended.

In response to criticism that the Attorney General's office should have waited to see the report before rendering its decision, Brendan Crawley, a ministry spokesperson said, "The appointment of Ian Scott was ... linked solely to the expiry of James Cornish's term on October 15th in accordance with his Order in Council. We announced Mr. Scott's appointment at this time to allow for his orientation prior to Mr. Cornish's departure."

But why not wait, asks Murray?

"The Ombudsman is looking at some of the systemic problems (within the agency). They could have appointed an interim director and then decided okay, well does this person have the skills to implement the recommendations that the Ombudsman is about to make finally," said Murray.

The Marin Report, to be released Tuesday, is expected to be severe in its criticisms of the agency, particularly of the Cornish's leadership.

Marin headed the SIU during two turbulent years ending in 1998, clashing with police unions and facing two malicious prosecution lawsuits; one of which was thrown out, the other was settled out of court.

Prominent Toronto lawyer Julian Falconer says the primary concern of his clients "has been that the SIU has turned into an institution dominated by police interests."

He adds, "I am at a complete loss as to how serious steps to remedy this situation can be taken without the Ombudsman's report in hand."

More than 100 people – SIU investigators, families, lawyers, interest groups – were interviewed for Marin's report. Criticisms ranged from a lack of objectivity on the part of the SIU, to a lack of transparency with families, to extensive delays in the investigatory process.

Marin is also probing accusations that Cornish often works from home, coming into the office only two or three times a week. When asked about the allegation, Cornish said the matter was under investigation by Marin; therefore it would be inappropriate to comment.

"The SIU has a very important job. Let's hope (Scott) can do better than his predecessors, all of whom, despite their ability, have done an abysmal job," said defence lawyer Edward Sapiano, well-known for his work fighting police corruption. "(Scott) is very well known. Very well respected by many lawyers."

Scott, who was called to the bar in 1983, began his work for the Ministry of the Attorney General in 1985. In 1997, he successfully prosecuted former OPP officer Kenneth Deane for the fatal shooting of Ipperwash protester Dudley George.

Scott then left the Attorney General's office to open his own practice and worked with renowned police lawyer Gary Clewley.

"I think it's an excellent choice," Clewley said yesterday. "He's an excellent lawyer. Lots of experience. I think he's going to be fair. You want somebody who's been there, who knows what he's doing. There's a lot at stake. He knows the significance of the investigation and no doubt the implications of laying charges."

Scott returned to the ministry in 2001. Early in 2008, Clewley said, Scott briefly served as interim SIU director when Cornish took a leave.

Marin's probe marks the third time in a decade the SIU has been investigated by an outside party.

This probe centred on eight families or victims who have dealt with the SIU since 2003, including Rob Maltar, whose brother James died in an OPP Port Credit detachment in 2005. The SIU ruled he had shot himself with an officer's gun.

Maltar didn't believe it and contacted the Ombudsman's office.

"I got a call this afternoon around 4 p.m. that ... Marin's report would be ready at 1 o'clock on the 30th of September. I've been waiting more than a year for this. (Me and my family) will be there," he said.

 "But to be honest, what really made my day is earlier I heard that James Cornish is finally getting replaced. I jumped up and down."