Couverture de presse de l’Ombudsman
Ombudsman defending his turf (Toronto Sun)
The Toronto Sun
Tue 30 Jan 2007
Page: 17
Section: Editorial/Opinion
Byline: BY CHRISTINA BLIZZARD
Source:
Edition: Final
Length: 677 words
It is an age-old dilemma that perplexes any society --
seeking justice for all while protecting the rights of
individuals against the excesses of those who enforce
the law.
In short, who polices the police?
Police put their lives on the line to protect us from the
bad guys -- murderers, rapists, child abusers, punks
who gun down shoppers on Yonge St.
Even so, the police, as an armed and paramilitary
force, must be scrutinized, reined in at times and held
to account.
In this province, who polices police often becomes a
hot debate. We have a spotty record when it comes to
doing it in a fair and unbiased fashion. You don't
want an agency that panders to every political whim
and cop-hating activist.
At the same time, you don't want one that is toothless
or intimidated by the police.
In this context, Ontario Ombudsman Andre Marin is
crying foul over the Liberal government's plan to set
up a new office -- the Independent Police Review
Director.
Marin wants oversight of the office, which he claims
falls under his jurisdiction.
"You are creating this new commission that falls
under my jurisdiction, but you are removing
oversight by the Ombudsman with this nasty
section," Marin said in a recent interview.
The original Civilian Complaints Act of 1981
excluded scrutiny by the Ombudsman because it was
a pilot project restricted to the Toronto police service.
It had no provincial component.
When the police complaints process became
enshrined province-wide in the Police Service Act of
1990, the earlier law was replicated and still didn't
give the Ombudsman oversight. Marin calls it the
"cling-on" provision adding, "it doesn't make any
sense.
"The Independent Police Director will report to the
Attorney General," he says. "There is no independent
oversight." Morin notes that seven other provinces
allow their Ombudsman to oversee the police
complaint process.
The new Police Review Director replaces the old
Ontario Civilian Commission on Policing Services
(OCCOPS). The changes result from a review of the
process by Mr. Justice Patrick LeSage, that started in
2005.
Sources say LeSage didn't want the Ombudsman to
have oversight because he wanted there to be some
finality to decisions made by the independent police
complaints process. The new position is meant to be
parallel to that of Ombudsman.
Marin says it's ironic he has oversight of the Special
Investigations Unit (SIU), which investigates police
actions resulting in serious injury or death, but does
not have oversight of civilian complaints about the
police.
The new post will be a powerful arbiter of disputes.
NO INDEPENDENT EXAMINATION
But Marin warns there will be no independent
examination of the processes and decisions made by
this office, adding that's not good for the cops or the
person making the complaint.
Marin will appear before the Legislature's justice
policy committee today to ask them to change the
legislation before it's too late.
New Democrat critic Peter Kormos will table an
amendment requesting the change.
"The Independent Police Review Director, as has
been pointed out by Mr. Marin, will have
extraordinary powers, and not inappropriately so,"
Kormos said. "He or she will play a powerful role in
receiving and dealing with disputes between citizens
and the police (and) have power over chiefs of police,
police officers and of course, as has been pointed out,
the citizenry ... in view of that, it is imperative that
there be oversight in his or her function."
Times have changed. With the original omission
dating back to 1981, there is a hint of a "Rip Van
Winkle" effect here, he says. It might have been
popular back then, but, "so were the BeeGees."
Marin has done an exemplary job since he took over
as Ombudsman almost two years ago. He is feisty
and fearless and only too happy to tackle heartless
bureaucrats and hidebound government processes
that move at a glacial pace, often trapping the little
guy under their weight.
And it's not just the BeeGees' music that's "Stayin'
alive, stayin' alive" these days. There's also some
outdated policies that need an overhaul.
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