Veteran Criminal Defence Lawyer States There Is A “Crisis In Policing in Ontario”

Pete Fisher
3 years ago
• Categories: Editor Choice, Local

A criminal defence lawyer with over two-decades of experience states there is a “crisis in policing” in Ontario.

Alan Richter sent a copy of the letter that he mailed/e-mailed to Syliva Jones at the Ministry of the Solicitor General’s office in Toronto.

In the three-page letter, Richter specifically points out the “numerous complaints against policing leadership” then to have the investigation stopped when the person resigns their position with the police service.

“I am writing as a criminal defence lawyer with 23 years of experience in our Criminal Courts, during which time I have dealt with hundreds of police officers of various ranks from numerous different police services.

I am also writing as a citizen from the rural municipality of Port Hope, where I have lived for almost 50 years and have raised my family.

I am writing about the general crisis that exists in this province with policing, in particular the crisis in leadership, seemingly throughout Ontario. Leaving aside the numerous, almost weekly cases of misconduct allegations against various police officers, (the following is a list off the top of my head):
• Tow truck wars and issues connected to policing in Toronto and elsewhere;

• Officers from York Region alleged to have stolen watches valued at almost half million dollars during a search warrant being executed;

• Officers caught stealing a Tony Montana statute from a storage locker during a search warrant execution;

• Officers allegedly wiretapping conversations between suspects and their lawyers leading to charges being terminated at the request of the Crown mid trial;

• Officer in Toronto stealing drugs from evidence locker to support an addiction, then retiring without charges;

I am speaking more to the numerous complaints against policing leadership at the highest level.”

Richter went through several detailed examples of senior officers including Chiefs throughout Ontario over recent years who have had Ontario Civilian Police Commission charges dropped or investigations stopped as a result of the senior officer resigning.

“It means that the complainants will never receive a hearing and whatever they may have experienced (and) will never see the light of day, as if it never happened. To make matters worse,  (a Chief) received his annual salary of approximately $250,000 while on suspension and thus during the pandemic, while under investigation and charges, and while on suspension for almost two years.”

Richter points out another Chief who, “retired leaving the complaints against him to die on the vine with no determination of the validity, or not, of the complainants. The complaints raised against the chain of command are extremely serious and include allegations of harassment and bullying as well as complaints against the promotion and discipline processes, the officers who are complainants are numerous and the investigation has been widespread, to say the least.”

In the lengthy letter, Richter says a, “cloud of allegations of creating and promoting a poisoned work environment with additional complaints about the hiring and promotion process.”

In one example, Richter says if found to be true, “the allegations, are shocking examples of some of the worst examples of racism by those who abuse their power and have the benefit of rules that allow them to cover up the misdeeds.”

“Ms. Jones, these are the complaints that I found online in about half an hour of looking and while none of the allegations have been confirmed or frankly tested, they have all been published and are therefore public knowledge as allegations and complaints.

These are the complaints that are public, what of the complaints in smaller perhaps more rural police services where officers are afraid to come forward; what of the complaints of misconduct in larger services where the chain of command is more adept at covering up the misdeeds; what of the complaints that are being looked into by your office that aren’t public yet? There is a crisis in our police services in this province and your office is directly responsible.

Your office has the mandate of police oversight in the province, I ask then how is it possible for so many of these complaints to be made without first being identified by the periodic review of police services as part of the Solicitor General’s role?

These are the complaints against the chain of command, the executive, the senior staff and not the rank and file. There will always be elements in every profession that fall outside the standard required to complete the job properly; it is regrettably human nature.

The complaints noted above exemplify the executive and the chain of command and involve the highest paid officers whose conduct sets a standard for the rank and file. Surely if an officer gets an undeserved promotion because he has the right friends in the chain of command, he will also see that his friends get the same treatment when he hands out promotions.

Misconduct as alleged in these complaints, festers in a police service and infects all officers, even those who maintain the high standard of integrity required in policing, because they are part of the same service, they wear the same badge, they get painted with the same brush.

Ms. Jones, I propose your office work with the Attorney General’s office to amend the Police Services Act, such that charges against officers above the rank of Staff Sargent, will still be prosecuted after an officer resigns or retires. In this way, complaints against superior officers won’t simply die on the vine as the officer rides out their time until retirement and collects their pension under the unresolved cloud of alleged misconduct. This will place a higher standard of oversight on officers who are part of the chain of command which in turn will encourage all officers in their conduct.

It should no longer be an “easy way out” for an officer who has been employed for such a period of time that they are nearing retirement, to simply slip away from misconduct allegations and into the comfort of retirement a few days before their OCPC hearing.

As well, officers above the rank of Staff Sargent, who are suspended pending the determination of their charges, should be required to pay half of their salary back should they be found guilty.

In this way, higher ranking officers will be less inclined to take the suspension and “ride out their time” to a hearing date, while adding to their pensions, and then retire or resign as there would be financial consequences equivalent to half their salary for the duration they were suspended. This may well encourage earlier and quicker resolutions.

Ms. Jones, these are simple suggestions from someone who has seen firsthand the consequences of troubled police services on its officers.

Policing is at times an extremely difficult job when dealing with troubled members of our society.

When an officer is subject to or a witness to bullying, harassment, discrimination, preferential treatment and general corruption within the chain of command, it makes the will of the officer to go out each and every day and conduct themselves to the high standard required by their oath, that much more difficult.

It is grossly unfair to the countless number of excellent police officers that do the difficult job that they swore an oath to do, for them to see in the papers the stories like the ones posted above.

Please keep in mind, many of these outstanding officers who read these articles and are painted with the same wide brush, probably know many more stories in their own services then the public will ever hear.

A long-standing tenet of the justice system is that justice must not only be done but it must be seen to be done.

Allowing senior officers to get away with misconduct, is really to say that those officers are above justice, which of course, no one is.

I urge you to take action, immediately and decisively to address this crisis.”
Yours Truly,
Alan B. Richter