Missed and Missing - Vol IV
Missed and Missing - Vol IV
Missed and Missing - Vol IV
VOLUME I
Executive Summary
and Recommendations
VOLUME II
Investigations
VOLUME Ill
Relationships: The Police
and Communities
VOLUME IV
Recommendations, Conclusion,
and Appendices
Missing and Missed
Report of the Independent Civilian Review
into Missing Person Investigations
15 RECOMMENDATIONS 719
Civilian Oversight (Chapter 3) 722
Toronto Police Services Board Policies 727
Major Case Management and Technology (Chapter 4) 727
Changes to the Ontario Major Case Management Manual 732
Records Management Systems 733
ViCLAS Reporting 733
The Serial Predator Criminal Investigations Coordinator 734
Missing Person Investigations (Chapters 5–9, 12) 736
The Components of a Missing Person Strategic Plan 736
Priority of Missing Person Investigations 739
The Mid-Term Missing Person Model 740
Changes to the Missing Persons Unit and Divisional Staffing 744
Support for Those Directly Affected by Someone Missing 747
The Role of Not-for-Profit Organizations or Charities 754
Risk Assessments 755
The Major Case Designation in Missing Person Cases 765
Criminal Investigation Management Plan 770
Assignments and Continuity of Investigation and Supervision 772
Assignment of Specific Investigators 774
Community Partnership and Engagement 775
Active Involvement of Communities in Advancing Missing Person Investigations 777
Information Sharing by the Police 778
Accessibility of Information 782
Public Warnings 786
Partnerships with Group Homes and Youth-Related Institutions 786
Use of Liaison and Neighbourhood Community Officers 788
Prevention Strategies 789
Missing Person Awareness Days 791
Specific Investigative Issues (Chapters 5–13) 792
Electronic and Internet Searches 792
The Use of Analysts 793
Communication with Another Service 794
i Contents
v
860
16 CONCLUSION
861
Appendices 868
Appendix A: Terms of Reference 868
Appendix B: Community Advisory Group
Appendix C: Participants in the Policy Roundtable 871
Appendix D: Organizations and Community
Groups
875
884
888
895
Appendix E: Community Engagement Survey 897
Recommendations 719
Chapter 15
RECOMMENDATIONS
This Report is titled Missing and Missed. Missing refers to those who have
gone missing and whose disappearances must be addressed in bold new ways.
Missed refers both to those individuals whose memories we honour, and to the
missed opportunities in the investigations under review and past missed
opportunities for change. Given the circumstances that prompted this Review,
and the importance of recent events, the opportunity presented now cannot be
squandered.
In the previous chapters, I find serious deficiencies in how the Toronto
Police Service (the Service) has conducted missing person investigations.
These deficiencies were manifested in a number of the investigations1 into the
disappearances of Bruce McArthur’s victims, as well as in the investigations
relating to Tess Richey, Alloura Wells, and others. Although overt or
intentional discrimination does not explain those deficiencies, I conclude that
1
As I explain in Chapter 7, Project Prism was, in large measure, effective in the investigation of several of
McArthur’s victims, and ultimately in identifying him as the person responsible for eight murders.
systemic differential treatment contributed to them. I document recent,
significant improvements in how missing person investigations are being
conducted – most notably in the creation of a centralized Missing Persons Unit
– but much remains to be done:
RECOMMENDATIONS
1 The Toronto Police Services Board and any future chief of police
should publicly commit to the robust oversight by the Board
recommended in the Independent Civilian Review into Matters
Relating to the G20 Summit, conducted by the Hon. John W. Morden
(June 2012), as explained and amplified in this Report.
2 The Toronto Police Services Board should adopt a policy clearly
defining the types of information that the chief of police should share
with the Board, including what constitutes a “critical point.” The
policy should specify when and how those types of information
should be shared. This policy should be prepared by the Board in
consultation with the Toronto Police Service, and as originally
recommended in the Independent Civilian Review into Matters
Relating to the G20 Summit.
3 The policy outlined in Recommendation 2 should identify criteria that
must be applied in determining when a “critical point” has been
reached. At a minimum, such criteria should include:
4 The Toronto Police Service Board’s “critical point” policy should also
consider the non-exhaustive list Judge Sidney Linden set out in the
2007 Ipperwash Report of operational decisions that might require
policy intervention by government. According to this list, an
operational decision is one that may require some kind of policy
intervention if it:
2
Ontario, Report of the Ipperwash Inquiry Volume 2: Policy Analysis (4 vols., Toronto: Ministry of the
Attorney General, 2007) (Commissioner Sidney B. Linden) 328.
command (see Recommendation 3(a)).
9 As explained in Chapter 3, a regulation permitting a chief of police to
decline to provide information in accordance with a direction from a
police services board is unnecessary, given the statutory prohibitions
that already exist against inappropriate intervention by a board. The
Toronto Police Services Board should urge the Ministry of the Solicitor
General not to create such a regulation in the circumstances. If such a
regulation is created, the scope for denying a board information
about operations should be restricted, as it is, for example, in Victoria,
Australia, to information whose disclosure would prejudice an
investigation or prosecution or endanger the life or safety of a
person.3
I have compared the Board’s limited budget to the Service’s large budget.
I recognize that the Service’s budget will continue to undergo close
scrutiny, based both on existing resources and on the movement to reallocate
funds to community agencies. However, the Board cannot begin to
exercise the substantial civilian oversight necessary if its budget is not
commensurate with its responsibilities.
RECOMMENDATION
11 The Toronto Police Services Board should re-examine all its existing
policies, as they pertain to the matters addressed in this Report, and
ensure that they provide meaningful policy direction to the chief of
police and the Toronto Police Service, consistent with the
recommendations made in this Report.
RECOMMENDATIONS
12 The Toronto Police Service should commit itself, through concrete
measurable outcomes, to complying with existing provincial adequacy
standards respecting major case management and the use of
PowerCase, the mandated case management software, for its
intended purpose. Senior command must support and drive this
commitment.
13 To promote compliance with existing provincial adequacy standards
and establish best practices respecting major case management and
the use of PowerCase, the Toronto Police Service should:
ensure that those who work on major cases and their
supervisors are properly trained on major case management
and on the use of PowerCase;
ensure that such training addresses the deficits in knowledge
this Report identifies, including existing misconceptions about
what PowerCase can and cannot do. Training is inadequate if it
merely provides officers with what they must do to comply with
adequacy standards. The training should also explain how
PowerCase can meaningfully advance investigations;
ensure that those who work on major cases receive periodic
refresher training on major case management and the use of
PowerCase. Refresher training is of particular importance as
PowerCase continues to be upgraded;
ensure, to the extent possible, that officers trained in major
case management have at least some opportunity to develop
their skills through involvement in major cases so that their
training is not forgotten through not being used;
establish best practices in its procedures that support the
appropriate use of major case management and the use of
PowerCase;
improve existing tracking mechanisms to enable the Service’s
Major Case Management Unit to ensure investigations are
appropriately categorized as major cases; work with the
Ministry of the Solicitor General to ensure there is a match
between the number of cases annually reported as open major
threshold cases and the number of open cases utilizing
PowerCase;4
ensure that, on a regular basis until compliance is the norm, the
Service’s Audit and Quality Assurance Unit evaluates the extent
to which the Service has become compliant with provincial
adequacy standards. This means, among other things, that the
unit’s evaluation should extend beyond the scope of its earlier,
important work, and
4
At the time of writing, there was a disconnect between these numbers, although they need not perfectly
match since provincial adequacy standards permit the use of PowerCase for non-major ca ses in some
circumstances.
ensure that the Audit and Quality Assurance Unit’s reports on
compliance be provided to the Toronto Police Services Board.
I refer in this recommendation and others to “best practices.” I use the term
with some reticence. “Best practices” is a term used to reflect the highest
or high performance standards. However, best practices are always evolving,
as we learn more through research and experience. As a result, I recognize that
the “best practices” identified in this Report will change through time.
14 The Toronto Police Service and the Toronto Police Services Board
should work in partnership with the Ministry of the Solicitor General
and the Office of the Inspector General of Policing (once Part VII of
the Community Safety and Policing Act, 2019, is proclaimed) to
support periodic independent monitoring of the Service’s compliance
with the provincial adequacy standards respecting major case
management and the use of PowerCase.
5
This point can be addressed, in large part, through training, rather than software improvements since the
evidence revealed that other services regularly and successfully upload massive amounts of data that the
Toronto Police Service does not upload.
whether data must be loaded onto three separate systems (Versadex,
a P Drive and PowerCase) in major cases and, in any event, whether
data can be uploaded in ways that reduce the time expended in this
uploading. The review should also consider whether some of the
current functions can be performed automatically.
RECOMMENDATIONS
18 The Toronto Police Services Board and the Toronto Police Service
should request that the Ministry of the Solicitor General consider the
issues identified during this Review in clarifying components of the
Ontario Major Case Management Manual and Ontario Regulation
354/04.
19 More specifically, the Ontario Major Case Management Manual
should be revised
6
Ema ils generated during an investigation would include emails between investigators or between
investigators and civilians on non-evidentiary matters.
Consideration should also be given to adding a forensic computer
examiner, IT expert, and/or analyst to the functions and responsibilities
defined in the manual.
RECOMMENDATIONS
20 The Toronto Police Services Board and the Toronto Police Service
should request that the Ministry of the Solicitor General revisit the
need for province-wide compatible records management systems.
In Chapter 7, I identify the systemic issue arising from the fact that
McArthur’s interview with the police during Project Houston was not
entered into Versadex. Accordingly, in 2016, when McArthur was
investigated for choking a man, the investigating officer had no indication that
McArthur had previously been interviewed, during Project Houston. As a
result, the investigating officer in 2016 had no opportunity to ascertain
whether Project Houston had information about McArthur relevant to his
investigation. Of course, such an inquiry might have prompted the former
Project Houston officers to scrutinize McArthur closely.
ViCLAS Reporting
The evidence disclosed that the Service was often not in compliance with
provincial adequacy standards respecting the mandatory submission of
ViCLAS Crime Analysis Reports to the Ontario Provincial Police (OPP)
ViCLAS Unit when the criteria have been met. At times, these failures were
based on misconceptions about when the criteria have been met; at times,
these failures took place despite the beliefs of Toronto investigators
(sometimes
expressed in court documents) that obviously met – indeed, surpassed -- the
reporting criteria. These failures were aggravated during Project Houston
because the Toronto police chose not to submit booklets even in the face of the
OPP ViCLAS Unit’s request that they do so. To the detriment of the
public, the Service’s approach undermined the ability of the OPP ViCLAS
Unit to assist in the identification of victims, in its analysis of unsolved
missing persons, or its analysis of unidentified bodies cases.
This non-compliance is troubling. Over 20 years ago, the “Review of
the Investigation of Sexual Assaults, Toronto Police Service,” by Toronto
Auditor Jeffrey Griffiths, identified related issues. These issues included the
Sexual Assault Unit’s failure to use management information to its full
potential to link connected cases, non-compliance with ViCLAS provincial
adequacy standards, inconsistency and uncertainty among officers about
ViCLAS submission requirements, and a lack of commitment to ViCLAS
training.
RECOMMENDATIONS
22 The Toronto Police Service should commit itself, through concrete
measurable outcomes, to comply with existing provincial adequacy
standards respecting ViCLAS submissions.
23 The Toronto Police Service should ensure that its Audit and Quality
Assurance Unit evaluates, on a regular basis until compliance is the
norm, the extent to which the Service has become compliant with
provincial adequacy standards respecting ViCLAS submissions.
24 The Toronto Police Service should ensure that its Audit and Quality
Assurance Unit’s reports on ViCLAS compliance are provided to the
Toronto Police Services Board.
25 The Toronto Police Service and the Toronto Police Services Board
should work in partnership with the Ministry of the Solicitor General
and the Office of the Inspector General of Policing (once Part VII of
the Community Safety and Policing Act, 2019, is proclaimed) to
support independent monitoring of the Service’s compliance with the
provincial adequacy standards respecting ViCLAS submissions.
RECOMMENDATIONS
26 The Toronto Police Service must commit, through concrete
measurable outcomes, to complying with provincial adequacy
standards respecting notification of the serial predator criminal
investigations coordinator and to participating in multi-jurisdictional
joint investigations in appropriate cases.
27 The Toronto Police Service should amend its existing procedures
and/or issue a Routine Order to clarify those circumstances in which
the serial predator criminal investigations coordinator must be
notified. Such procedures and/or the Routine Order should identify
the misconceptions around notifications revealed during this Review.
Officers must acquire a robust understanding of why the serial
predator criminal investigations coordinator is to be notified, when
the criteria have been met, and the Service’s commitment to multi-
jurisdictional joint investigations in appropriate cases.
28 The Toronto Police Service should ensure that its Audit and Quality
Assurance Unit evaluates, on a regular basis until compliance is the
norm, the extent to which the Service is compliant with provincial
adequacy standards respecting notifications to the serial predator
criminal investigations coordinator.
29 The Toronto Police Service should ensure that its Audit and Quality
Assurance Unit’s reports on compliance respecting notification to the
serial predator criminal investigations coordinator are provided to the
Toronto Police Services Board.
30 The Toronto Police Services Board and the Toronto Police Service
should work in partnership with the Ministry of the Solicitor General
and the Office of the Inspector General of Policing (once Part VII of
the Community Safety and Policing Act, 2019, is proclaimed) to
support independent monitoring of the Service’s compliance with the
provincial adequacy standards respecting notification to the serial
predator criminal investigations coordinator.
31 The Toronto Police Service should utilize the serial predator criminal
investigations coordinator in training and educating officers on major
case management and the role he or she performs.
To begin this section, I set out the components of a missing person strategic
plan and then go on to address many of those components with greater
specificity. I also outline a mid-term and a long-term model for future missing
person investigations.
7
Currently, there are four FOCUS (Furthering Our Community by Uniting Services) or situation tables in
Toronto. They are co-led by the City of Toronto, United Way Toronto and the Service. They identify
(d) ensure that all missing person and unidentified remains
investigations are conducted in a manner that is non-
discriminatory;
(e) recognize groups and individuals who have been overpoliced
and underprotected and ensure that such recognition is
reflected in the Service’s missing person, unidentified remains,
and associated practices and procedures, in ways to eliminate
disadvantage and adverse differential treatment;
(f) ensure that the police work in true partnerships with diverse
communities in implementing changes to existing practices and
procedures and in drawing on those partnerships in specific
missing person and unidentified remains investigations;
(g) promote the use of civilian Service members, rather than sworn
officers, for suitable responsibilities, including as missing person
coordinators and missing person support workers;
(h) promote the use of civilian Service members and greater use of
special constables for some basic tasks associated with missing
person and unidentified remains investigations;
(i) collaborate with appropriate social service, public health, and
community agencies and not-for-profit organizations to
promote a range of prevention and intervention strategies to
reduce the likelihood that individuals, particularly those who
repeatedly disappear, will choose to go missing or to ensure
they are safe, even when missing;
(j) ensure that members of the public have clear, easily accessible
information about how to report a person missing and that they
are never prevented from doing so for any reason, including the
jurisdiction where they seek to file a report or the time that has
passed since the person went missing;
(k) ensure that barriers to reporting persons missing or to
providing information about missing persons or unidentified
remains are eliminated or reduced in a variety of ways,
including ensuring that there are clear procedures that reduce
fear of law enforcement action against missing persons or those
individuals, groups, and places that have an extremely high probability of harm or victimization and adopt a
multi-a gency response or intervention to address high-risk situations.
who report or provide information about missing persons or
unidentified remains;
(l) ensure, as part of a victim-centred approach to missing person
cases, that those directly affected by a person’s disappearance
are informed of the ongoing missing person investigation,
allowed, where appropriate, to contribute to such
investigations, and are provided with appropriate support,
based on need;
(m) ensure that missing person occurrences are addressed in a
timely way;
(n) ensure that risk assessments are made by those with
specialized training and education, such as missing person
coordinators, and that risk assessments are based on evidence-
based criteria, accurate to the extent possible in individual
cases, updated regularly, and that they are used in deciding
how each missing person investigation is conducted:
(o) ensure that risk assessments address the types of risk involved
and the suggested response to a person’s disappearance,
including whether that response should involve the police,
social service / public health / or community agencies, and/or a
multidisciplinary response;
(p) ensure that risk assessments take into consideration the
appropriate factors, including the elevated risks that are often
associated with marginalized and vulnerable or disadvantaged
community members, and avoid irrelevant considerations and
stereotypical assumptions and misconceptions;
(q) ensure that missing person cases are treated presumptively as
high risk unless and until a risk assessment or available
information reasonably supports a different approach;
(r) recognize and respect the privacy and liberty interests of those
who freely and voluntarily choose to disappear; and
(s) ensure that missing person cases that raise concerns about foul
play, including but not limited to potential serial killings, are
both recognized as such and promptly and thoroughly
investigated, regardless of the personal identifiers and
circumstances of the missing persons.
In my recommendations on implementation, I explain how proposed
changes should take place through a process that involves community
partnership.
I specifically address the issue around financial resources at the end of this
chapter.
I acknowledge that the most recent amendments to the Service’s
Missing Persons Procedure recognize, for the first time, that missing person
occurrences are a high-risk area of policing and, from the outset, must be
given appropriate levels of priority and resources. The challenge is to convert
that recognition to tangible action.
RECOMMENDATIONS
33 Missing person investigations deserve heightened priority, consistent
with this Report’s findings and the priority given to these cases in a
number of comparable jurisdictions.
34 The Toronto Police Service and the Toronto Police Services Board
should ensure that the change in culture respecting the heightened
priority of missing person investigations – as well as the reasons for
this priority – is widely communicated within the Service. The change
of culture should make the safety and well-being of missing persons a
greater priority while recognizing the important role of social service,
public health, and community agencies in these cases. The creation of
a Missing Persons Unit represents only one step in recognizing a new
priority for these cases, especially when the current unit is
inadequately resourced.
RECOMMENDATIONS
35 The Toronto Police Service and the Toronto Police Services Board
should adopt the mid-term model for missing person investigations
outlined in this Report. The model preserves a centralized Missing
Persons Unit, but with significant enhancements. It is predicated on
early and ongoing risk assessment and triaging which recognizes that
some of these cases are best addressed by social service, public
health, and community agencies; other cases through a
multidisciplinary approach; and the balance of cases primarily through
police-led criminal investigations.
36 The Toronto Police Services Board and the Toronto Police Service
should work with the City of Toronto, provincial and federal
governments, and social service, public health, and community
agencies and not-for-profit organizations to build capacity for non-
policing agencies and organizations to assume responsibilities
consistent with the proposed mid-term and long-term models.
There was significant support for the proposed mid-term model among police
officers and others who the Review met with and consulted. I acknowledge
that some community members advocated removing all missing person
investigations from the Service. They raised concerns that the police are
primarily interested in missing persons “as a vector of crime” and that civilian
investigators would be better suited to missing person investigations. There
was a sense that many officers are ill-suited, unskilled, untrained, or
unmotivated to find missing persons and are more likely to be dismissive or
discriminatory in dealing with missing persons reports. There was also a sense
that officers in uniform are intimidating, feared, and less likely to be trusted.
Their involvement in criminal law and immigration law enforcement created
barriers to reporting and information sharing. I accept the existence of these
perceptions and that they raise important issues, even while I recognize that
many officers are highly motivated to find missing persons and embrace
change to reduce existing barriers and to generally improve missing person
investigations.
I also fully understand the deep, legitimate concerns that many in the
LGBTQ2S+ and marginalized and vulnerable groups have about the police in
general. Indeed, many of these concerns have influenced both the long-
term model I outline here as well as the mid-term model. Both models
recognize that community agencies and organizations can play a critical role in
missing person investigations, though they need assistance in building
capacity. At the same time, I cannot accept that the police can or should play
no role whatsoever in missing person investigations. As I reflect
throughout this Report, a significant percentage of missing persons are
exposed to the risk that they will become victims of foul play or of other
crimes or criminal exploitation. McArthur’s horrendous crime spree
reinforces the need for effective, timely, and discrimination-free professional
criminal investigations when warranted. Although suggestions that the
police be removed from all missing person investigations informed my
thinking, I am not convinced that the creation of a new agency, as some
proposed, would ultimately lead to a better result. The creation of a new
agency would require buy-in and significant legislative changes initiated
by the provincial government. I prefer to test a model that incorporates
involvement of external agencies but does not require legislative change. In
my view, as long as the Service continues to perform law enforcement
functions, it would be counterproductive to create a model that attempts to
avoid any interaction between the police and disadvantaged
communities. It is essential that the Service build positive relationships
with all the communities it must serve regardless of the extent to which its
role is
reduced in matters better addressed by other agencies.
The differences can be exaggerated between the community
stakeholders who advocate for new civilian agencies and those within the
Service and others who believe that the police must have a continuing role in
missing person investigations. Many in the Service recognize that using more
civilian employees within the Service and referring more cases to external
agencies could alleviate the crushing workloads experienced by sworn
officers. Some in the Service also recognize that barriers between the police
and some community members may be reduced through the use of civilians.
The Toronto
Police Association also supports the increased use of civilians, under some
circumstances. For a variety of reasons, then, there was broad consensus that
civilians, both civilian members of the Service and members of external
agencies, should play an enhanced role in missing person investigations.
The enhanced role of both civilian employees of the Service and
external agencies is central to my proposed models for mid-term and long-
term implementation. In the recommendations that follow, I explain how
civilian missing person coordinators and missing person support workers
within the Service would promote high-quality responses to missing person
occurrences and greater confidence in the processes by marginalized and
vulnerable communities. I also explain how the enhanced role of social
service, public health, and community agencies can similarly promote
appropriate, non- policing responses to missing person occurrences.
The mid-term model I propose emerged from the Review’s
extensive outreach and engagement, and I elaborate on that model in this
chapter. I say much less about the long-term model for two reasons. First, in
my view, the long-term model should be crafted in partnership with a
community implementation committee, discussed later in this chapter. Neither
I nor the Service should impose on the communities a detailed blueprint for
the long- term model. Second, I believe in decision making rooted in
evidence and measurable outcomes. An independent evaluation of the
implementation of the mid-term model should inform the precise contours
of the long-term model. Nonetheless, it was important to articulate a long-
term vision for missing person investigations that involves a move along a
continuum to ever increasing involvement of agencies other than the
police, as circumstances permit.
42 The Toronto Police Service should also make greater use of civilians
(apart from missing person coordinators and missing person support
workers) and special constables to perform certain necessary basic
work that does not require the skills of sworn officers and/or builds
on the skills of the civilians and special constables. Examples of such
basic work might include obtaining relevant videotapes, canvassing
hospitals and shelters, securing items for DNA analysis, and examining
open source social media sites.
8
Procedure 04-31.
Victim Services Toronto.9 The Review was told that, in practice, those
affected by the disappearance of a loved one are regularly referred to Victim
Services Toronto, which in turn provides referrals to additional resources.
In my view, the support the Service provides to those directly affected
by disappearances is often poor, at times non-existent, and at best uneven. As
I explain in Chapter 6, this uneven support stems in part from a variety of
reasons – that, for example, as cases remain unresolved, loved ones and friends
are often not seen as victims; or, in the context of LGBTQ2S+ missing
persons, a failure to recognize who the affected loved ones and family
members are, who need support. The police may fall back on
“heteronormative” concepts of who a missing person’s family is or place
undue emphasis on the missing person’s biological relatives, to the exclusion
of others.
The Service’s approach differs from the greater attention it gives to
victims of demonstrated crimes and their loved ones, and especially from the
support provided by a number of other police services to the families and
loved ones of those who have gone missing – for example, in the United
Kingdom and other jurisdictions in Canada. In Australia, most police
departments have a Families and Friends of Missing Persons Unit. The
Calgary Police Service has a Family Liaison Team. The Saskatoon Police
Service has introduced a civilian missing person liaison officer. The
Winnipeg Police Service has embedded social workers within its Missing
Person Unit to do much of the family liaison work and relies heavily on
civilian missing person coordinators to perform intake and initial
management of the file. The Vancouver Police Department has protocols
for high-risk missing person cases that require it, within two weeks, to develop
a communication plan with affected families and other loved ones which
includes certain components I have adopted in the recommendation that
follows. In Chapter 13, I elaborate on the approaches taken by these
various jurisdictions.
I pause here to observe that some jurisdictions refer to Family Liaison
units embedded within the services and within their missing person units, I
prefer to use language other than “family liaison units” to ensure that those
directly affected are defined in the most inclusive way, consistent with the
diversity of our communities and human rights values.
Heidi Illingworth, the ombudsperson in the Office of the Federal
Ombudsman for Victims of Crime, is familiar with the perspective of those
whose loved ones have gone missing. I can do no better than reproduce part of
9
Victim Services Toronto is a Toronto-based organization with a mandate to provide short-term crisis
response, intervention, and prevention services that respond to the needs of individuals, families, and
communities in the immediate aftermath of crime and sudden tragedy.
her written submission to the Review:
Police services tend to focus their attention on the investigation rather than
on the families and associates of the missing person. This can make missing
person investigations more difficult and frustrating for all concerned.
In its 2005 report, Developing a Strategy to Provide Services and
Support Victims of Unsolved Serious Crimes, the Canadian Resource Centre
for Victims of Crime (CRCVC) summarized the research on victims’ needs
for information about unsolved cases, including missing persons. In its
research for this report the CRCVC surveyed families of unsolved homicide
and missing person cases, and noted that respondents said police were not
immediately responsive when family members reported someone missing.
The Centre also noted that police treated the missing person as a runaway or
someone who had left on their own. This was difficult for families to accept,
and made many feel that they were not important; they could not understand
why police did not believe them.
About two thirds of victims (64 percent) said they were unsatisfied
with the police investigation, and many felt there was lack of timely action,
sensitivity and communication. Seventy-four percent of respondents said
police did not keep them regularly informed about what they were doing.
Victims felt they had to initiate the contact with police in order to stay
informed. One family member said, “nothing to report is something to
report.”
This research demonstrates, as do victim services reports, that police
provide little specialized support to families of missing persons. Although
they have experienced traumatic incidents, families are often not considered
victims of crime. Consequently, they do not qualify for programs or services
designed for crime victims. The report concludes that receiving information
about the status of the investigation is crucial to the state of mind of family
and community members whose loved once has gone missing. Experts in the
field agree that denying victims access to information has a strong negative
effect on their ability to cope with the situation. Conversely, offering regular
updates not only provides victims with available facts about the
investigation, but reassures them that neither they nor their loved one has
been forgotten. While some details may need to be withheld for reasons
relating to an eventual prosecution, other information can be shared freely.
This team could recognize and navigate the mosaic of contributing factors
that may lead to a person going missing without blaming the victim or
relying on stereotypes or misconceptions. There are many intersecting,
systemic factors that affect people who go missing, such as mental health,
poverty, neglect, substance abuse, domestic violence, prostitution, human
trafficking, historical trauma and victimization, location or jurisdiction. It is
essential to understand the victimology – and the victim’s life and
relationships – as part of the investigation.
I note that the Ontario Major Case Management Manual requires that a victim
liaison officer be assigned in every threshold major case, which includes
certain missing person investigations, to perform various listed functions and
duties (see Chapter 13). Although not all these functions and duties have equal
application to all missing person investigations, this approach truly focuses on
the victims – so long as it is complied with. I further note that no victim
liaison officer was assigned during Project Houston or during any other
missing person investigation I reviewed.10
In my opinion, there is no reason why such support should be available
only when a missing person investigation is designated as a major case.
Indeed, smaller police services elsewhere have recognized the importance of
strong support for all those directly affected by someone’s
disappearance. This support must be integrated in a holistic response to
missing persons, and capacity must be built for the provision of meaningful
and consistent support. As I reflect in the recommendation immediately
below, the support for affected persons should be multifaceted. Not
surprisingly, one component of that support is information sharing. When
police fail to communicate promptly their investigative efforts to those
directly affected by the disappearances of individuals, it is understandable
that those affected believe the police are uninterested and unmotivated.
Prompt and effective communication is one
antidote to such perceptions.
A related component concerns the officers’ actual messaging.
Officers often attempt to minimize the concerns expressed about a missing
person with comments such as “He’s probably just partying with friends” or
“She’ll come
10
Project Houston was characterized as a murder investigation, although the missing men had not been
discovered. In my view, the term “victim” should be interpreted broadly to include those directly affected by
the disappearances of persons in major cases, especially in the context of a murder investigation.
back – she’s young.” These types of comments may be motivated by the desire
to give someone hope, but they can reveal stereotypical notions about certain
missing persons. They feed into a perception that the police are not taking a
Missing Person Report seriously. Similarly, police may make assumptions,
based on lifestyle, that missing persons caused or contributed to their
disappearance. Police will sometimes dismiss the fears and concerns of those
who report someone missing. But in many instances, the reporting individual
is better situated than the police to know whether the disappearance of a loved
one or a friend is of concern.
RECOMMENDATIONS
43 The Toronto Police Service should amend its Missing Persons
procedures and practices, in consultation with its own and external
Victim Services agencies and relevant not-for-profit missing persons
organizations, to ensure that the following points are implemented.
11
This best practice has also been adopted by the Seattle Police Department. I was advised that these simple
gestures are tremendously impactful in reassuring those affected by a disappearance and building trust.
12
In my view, the Family Information Lia ison Unit can also play an important role as an agency that might
a ssist as part of a community-based, non-policing response to a missing Indigenous person (see Chapter 14).
federal income support for parents who take time from work to cope with the
death or disappearance of a young person under the age of 25 resulting from a
probable crime. However, it is also important to understand that the eligibility
criteria for these programs exclude most families affected by a missing loved
one from benefiting from them.
RECOMMENDATION
47 The Toronto Police Service and the Toronto Police Services Board
should support, in partnership with the federal, provincial, and
municipal governments, incentives for not-for-profit organizations,
such as charities, to assist missing persons and those directly affected
by their disappearances. These incentives should include start-up or
shared funding for promising initiatives that might enable a not-for-
profit organization to perform functions similar to those carried out
by the Missing People charity in the United Kingdom. Ideally, such an
organization in Ontario could perform the following roles in
substitution for, or in partnership with, the Service and other
agencies:
One important reason why the Missing People charity is so successful in the
United Kingdom is the high priority given to missing person cases there. The
profile and importance given to these cases undoubtedly promote public
support for this charity.
Risk Assessments
In Chapter 13, I make the point that risk assessment is the most important
function in responding to the report of someone’s disappearance. Assessing
the degree and nature of the risk to which a missing person might be exposed
forms the basis for prompt triaging of these cases for the appropriate allocation
of resources inside and outside the Service. Poor or non-existent initial
and ongoing risk assessments have been a major weakness in how the Service
has responded to missing person occurrences, specifically in underestimating
the degree and nature of risk to which a missing person is exposed. In Chapters
5 to 7, I explain how the police often failed to appreciate the level of urgency
that should have accompanied the reported disappearances of McArthur’s
victims. This failure was connected directly to how the police assessed risk,
whether related to possible foul play or other safety concerns. In Chapter 8, I
also identify a series of systemic issues associated with risk assessments
that had particular application to the Tess Richey investigation. The
Search Urgency Chart, in use at the time, did not reflect an evidence-based
approach to risk assessment. The distinction among level 1, 2, and 3 searches
is outdated and prone to inconsistent interpretation or application. As
concerns deepened over Ms. Richey’s disappearance, there did not appear to
be any re-evaluation of whether the search level should be elevated.
In Chapter 9, where I address the Alloura Wells investigations, I observe
there was no correlation between how Search Urgency charts were completed
and how an investigation was conducted. Their contents were not being filled
in across the Service in a consistent way, nor were the somewhat rudimentary
assessments contained in these charts truly evidence based. It was even
difficult to reconcile the high urgency reflected in the Search Urgency Chart
relating to Ms. Wells with the categorization of the required level of search.
Sometimes these forms were not filled in at all or not retained in the
investigative files.
In Chapter 8, I also point out that, apart from assessing the risk
associated with a particular missing person, the urgency associated with a
search should also be connected to the concerns expressed by community
members. Although those concerns may not, in and of themselves, be
determinative of how an investigation is conducted, they should inform the
Service’s approach. For example, during Ms. Richey’s missing person
investigation, local community members were feeling unsafe because of the
number of unexplained disappearances in the Village over the previous few
years. Some believed that Ms. Richey’s disappearance was related to the other
disappearances. This belief turned out to be inaccurate, but the pronounced –
and frankly justified – community fears about safety should have figured
prominently in how urgently the police responded to her disappearance.
With the high numbers of missing person cases in Toronto – and
elsewhere in Canada and around the world – it is remarkable that so little
evidence-based research in Canada has been done on risk assessment in
missing person cases. We know that marginalized and vulnerable community
members go missing in disproportionate numbers, and we know that certain of
these community members, by nature of their personal identifiers or
environmental factors, are at heightened risk of foul play (such as members of
the trans community and sex workers) or other types of serious harm (such as
children, those exposed to extreme weather conditions, and those dealing with
certain mental health issues)13. We also know that certain indicia may raise
serious concerns about foul play (such as leaving valued pets behind).
However, there is much about the assessment of risk that remains unknown.
As I state in Chapter 13, we must approach risk assessment with some level of
humility, erring on the side of assuming higher risk unless and until the
contrary is shown. In the meantime, it is important to constantly re-evaluate,
through a combination of collaboration, training and education, and ongoing
research, how these assessments are done.
Against that background, the Service has introduced new risk
assessment tools designed to assist officers in calibrating the response to
someone’s disappearance. They set out factors, such as personal identifiers and
environmental conditions, that are undoubtedly relevant to risk. However, with
respect to some factors (such as membership in certain communities), it would
not be obvious without further explanation how they affect risk. The Service’s
Missing Persons Procedure now imposes an obligation on supervisors to
review the assessments conducted by responding officers and do their own
assessments, identify situations involving an elevated risk, and, in consultation
with the responding officers, articulate the suggested level of response:
13
The Review’s enga gement survey showed a substantial percentage of respondents who reported people
missing identified mental health as a relevant identifier.
high-risk factors.14 Some of the factors were miscategorized as high, medium,
or low factors when they were often equivocal at best or dependent on context.
Critical factors were not included on the Search Urgency Chart. It was
difficult, if not impossible, to correlate the contents of the charts to the three
levels of search described in the Missing Persons Procedure. At least the
current procedure and forms identify a wider range of relevant factors to
the risk assessment process, show greater sensitivity to the importance of
a single elevated risk factor, move away from a numerical scoring system that
was not evidence-based, and reinforce the need for supervisory
involvement and consultation in the process.
However, as I discuss in Chapter 13, significant systemic issues remain,
and I address them in the recommendations that follow.
RECOMMENDATIONS
48 The Toronto Police Service, in partnership with academic institutions
and its own analysts, should continually work on developing the most
sophisticated risk assessment tools. This work must include evaluating
and testing the existing risk assessment tools with measurable
outcomes, to ensure they are evidence based.
49 Risk assessments should be done by those with specialized training
and education in missing person investigations and risk assessment.
Such experts should include, at a minimum, the members of the
Missing Persons Unit and missing person coordinators, whether
civilians or sworn officers.
As I state in detail in Recommendations 117 and 119, more basic training and
education should be provided to all sworn officers and certain civilian
members of the Service. This basic training is important, as well, during any
transition to the proposed mid-term model because, at that time, risk
assessments might still be performed by those without specialized training and
education.
14
In fairness, the Service did recognize that the Search Urgency Chart was only an investigative aid, that the
urgency of the situation maynot be reflected by the column with the most checkmarks, and that the situation
must be treated as most urgent if even one factor is life-threa tening.
done as soon as practicable and promptly reviewed. It should also
ensure that risk assessments are regularly re-evaluated as new
information comes forward.
51 The Toronto Police Service should ensure that the officials who
conduct risk assessments meet regularly with each other and with
non-policing agency partners (see Recommendation 52) to
collaborate on current cases and to promote consistent approaches to
assessments and quality control.
52 The Toronto Police Service should develop, in partnership with social
service, public health, and community agencies, a risk assessment–
based triage protocol that enables appropriate cases to be diverted to
non-policing agencies or addressed through a multidisciplinary
approach, including referral to FOCUS tables.
53 The Toronto Police Services Board and the Toronto Police Service
should work with the City of Toronto, provincial and federal
governments, and public health, social service, and community
agencies to build capacity for non-policing agencies to share or
assume responsibilities for missing person cases in ways consistent
with the proposed mid-term and long-term models outlined in this
Report.
54 Risk assessments should identify and document:
In relation to item (e), there is a correlation between degree of risk and the
marginalized and vulnerable status of community members who go missing.
As I outline in Chapter 12, we know, for example, that LGBTQ2S+
community members are at greater risk of being the victims of certain crimes.
The statistics on violence against trans individuals are frightening. As well,
the already frayed confidence of these community members in the Service
can only be enhanced through robust investigations when their fellow
community members go missing.
***
The current Missing Persons Procedure provides that a supervisor must review
the Risk Assessment Form immediately when a risk factor is indicated, but, if
no risk factors are indicated, the supervisor need review the form only as soon
as it is practicable. In my view, if responding officers misunderstand what
constitute risk factors or minimize the urgency associated with an individual
case, as I saw repeatedly during this Review, the bifurcated approach to
supervision could result in unacceptable delay in identifying risk. Further, at
present the MPU may not review such risk assessments until a person has gone
missing for eight days. I am concerned about the institutional delay in ensuring
that those with specialized knowledge in risk assessment make or review the
assessment of risk in the early days of someone’s disappearance, especially if
the Service transitions to the mid-term model I propose.
As well, current supervision of risk assessments is problematic because
supervisors are not trained and educated in this area. I address this problem in
my recommendations on training and education.
As I state in Chapter 13, the three levels of search that have been preserved in
the current Missing Persons Procedure are not easily correlated to the risk
assessments. A disappearance may require a response that includes some
components of each of a level 1 search, level 2 search, and level 3 search. The
descriptions “more investigation required,” “expand investigation,” and
“immediate response required” are vague, confusing, and not helpful. Two of
these superficial descriptions straddle multiple levels of search (e.g., expand
investigation applies to both levels 1 and 2 searches), making them even more
difficult to understand or apply in a consistent way.
The procedure states that level 1 will be implemented when “there are
no extenuating circumstances.” The meaning of “extenuating circumstances”
is unclear. The procedure also states that, at level 1, “there are minimal
concerns regarding the issue of foul play or the infirmity or limitations of the
missing person.” However, it is clear that foul play or the infirmity or
limitations of the missing person are not the only criteria for elevated risk. In
addition, the strong possibility of foul play has been frequently misinterpreted
and requires some definition.
Level 2 is to be implemented when a missing person is under 16 and
judged likely to be incapable of self-care, mentally challenged, over 65 years
old or infirm, or where there is evidence of foul play. There are a variety of
circumstances sufficient to elevate the urgency of a search beyond these
criteria. However, such circumstances are unspecified in the procedure. The
procedure does not explain how investigations into those who have gone
missing for over 30 days fit into these levels, other than reflecting that such
investigations are mandatory major cases. Ultimately, it is difficult to see why
these levels of search should be preserved. In identifying an ongoing risk
assessment, the focus should be on the circumstances of each case. These
circumstances should dictate the specific resources that should be devoted to
the case. As well, a number of investigative steps, especially those that
involve community engagement and the use of external supports, Victims
Services, and prevention strategies, are largely framed in discretionary
terms. They should not merely be considered but should be central to every
high-quality investigation.
The federal ombudsperson for victims of crime stated, “Despite the fact that
missing persons are a social phenomenon that encompasses vast areas of
interest, relatively little is known about those who go missing, what happens
to them while they are missing, or what can be done to prevent these incidents
from occurring.” There is a need for such research to be done to enhance the
accuracy of risk assessment tools.
During the Review, I also examined the use of artificial intelligence to
potentially enhance risk assessment. A detailed discussion of the use of
artificial intelligence is beyond the scope of this Report, but it is well
recognized that current uses of artificial intelligence by law enforcement,
particularly in the United States, have been problematic and at times, skewed
to perpetuate pre-existing marginalization and to target already discriminated-
against groups and individuals. The use of artificial intelligence must be
approached with appropriate caution. I welcome the research being done
elsewhere on the use of artificial intelligence to assist in risk assessments.
However, I am convinced that even the creation of discrimination-free
algorithms to assist in assessing risk will never obviate the need for skilled
personnel to evaluate risk. As has been recognized in academic papers, the
time may come when the optimal approach to risk assessment may be the
judgment of an experienced detective that takes into account a risk coefficient
that is created by a discrimination-free algorithm.
60 The Toronto Police Services Board and the Toronto Police Service (the
Service) should support continuing research on risk assessment,
including the creation of predictive models, based in part on
disaggregated data collected by the Service and on analytical work.
RECOMMENDATIONS
61 The Toronto Police Service should ensure, through a combination of
amended procedures, Routine Orders, and training and education,
that its officers understand when a missing person occurrence must
be designated as a major case. The amended procedures should
Under provincial adequacy standards, the “strong possibility of foul play” and
the passage of 30 days from the date a person is reported missing provide the
criteria for the designation of a missing person occurrence as a major case.
However, the Service is not prohibited by provincial adequacy standards from
treating additional missing person occurrences in the same way as cases
involving these criteria.
I stress that this recommendation does not compel the Service to craft
procedures that are so rigid as to prevent the above decisions from being made
case by case. However, the status quo is simply unacceptable. Other than
relying on “limited resources,” officers were often unable to articulate to the
Review a principled basis for any of these decisions. Equally important, my
research disclosed missing person occurrences that unquestionably
deserved heightened attention. But they never got it. The designation of an
occurrence as a major case, if employed properly, makes it more likely that the
ensuing investigation will be given appropriate priority, identify links to other
major cases, and attract additional resources.
Jurisdiction 15
The evidence disclosed several instances in which the choice of jurisdiction
impeded the effectiveness of a missing person investigation. In relation to Tess
Richey’s disappearance in November 2018, the Service’s Missing Persons
Procedure dictated, as it does now, that the division where Ms. Richey resided
should conduct the missing person investigation (see Chapter 8). However, it
made more sense for the investigation to be conducted by the division
where she was last seen. In relation to Abdulbasir Faizi’s disappearance, the
Peel police conducted the missing person investigation because Mr. Faizi
lived within their jurisdiction (see Chapter 5). However, much of the
investigative work was done in Toronto because he was last seen there.
The Service’s Missing Persons Procedure includes a detailed and
complex set of directions for determining which division will assume
jurisdiction over an investigation into a Missing Person Report. The procedure
also provides direction where a Toronto resident is reported missing to another
police service (see Chapter 13 and the Reporting Reference Guide). As I state
in Chapter 13, the Service’s procedure relating to jurisdiction can only be
described as confusing at best and ineffective at its worst. Too much
prominence is given to the place where the missing person resides, even in the
15
Though Toronto police officers have city-wide police powers, I use “jurisdiction” here as a convenient
term to discuss which division assumes carriage of a missing person investigation.
face of obvious evidence that the investigation must primarily be focused on a
different location where the person was last seen. In my view, the time is long
overdue for the Service to re-evaluate jurisdiction when missing person
investigations are to be done at the division level rather than by the centralized
Missing Persons Unit. In my respectful view, the Ministry of the Solicitor
General should consider whether this re-evaluation should form part of a larger
examination of how and when Ontario police services should assume
jurisdiction in cases that have a multi-jurisdictional dimension, although not
necessarily qualifying as major cases.
RECOMMENDATIONS
65 The Toronto Police Service’s procedure that defines which division or
service investigates a missing person case is outdated and, in
partnership with the Ministry of the Solicitor General, should be
revisited. Among other things, revised procedures should be informed
by the following considerations:
(a) Where the police reasonably believe that the focus of the
investigation will largely, although perhaps not exclusively, be
within the jurisdiction where the person was last seen, if
known, and the investigation is not to be conducted by the
Missing Persons Unit, it should generally be conducted by the
division where the person was last seen. This approach is
subject to a determination by the Missing Persons Unit that the
particular circumstances warrant a different approach.
(b) In the above circumstances, where the missing person resides
in the jurisdiction of another police service, the relevant police
services should liaise with each other to determine jointly the
most appropriate service to lead the investigation. That
determination should be documented and should be made
based on where the investigation would most effectively be
conducted, rather than on extraneous considerations.
(c) Where more than one division or service must perform the
actual investigative work, efforts should be made to avoid
duplication and other inefficiencies. There should be clear lines
of reporting and coordination, and, in cases involving more than
one police service, the province should create a process for
facilitating these investigations, even if they do not meet the
criteria for multi-jurisdictional joint investigations.
66 The Toronto Police Services Board and the Toronto Police Service
should urge the Ministry of the Solicitor General to adopt province-
wide guidelines on jurisdiction to be exercised in missing person and
unidentified remains investigations. Consideration should be given to
the National Centre of Missing Persons and Unidentified Remains Best
Practices Guide respecting jurisdiction; the guide treats the place a
missing person is last seen, if known, as the lead criterion for
assuming jurisdiction.
RECOMMENDATIONS
67 The Toronto Police Service should amend its Missing Persons
Procedure to ensure that it complies with its Criminal Investigation
Management Plan respecting the assignment of specialist
investigators in missing person investigations. The Service may
consider and incorporate within its Missing Persons Procedure and its
Criminal Investigation Management Plan whether there are categories
of such investigations, particularly those of less complexity, that need
not be assigned to a specialist investigator if overseen by the Missing
Persons Unit. The Criminal Investigation Management Plan should
also incorporate a process for supporting a multi-jurisdictional
investigation that is not a major case.
RECOMMENDATIONS
69 The Toronto Police Service should amend its Missing Persons
Procedure to ensure full continuity in missing person investigations
when lead investigators go off-shift. Such continuity means
17
Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power
and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and
Girls [Ottawa: Privy Council Office, 2019], online resource.
18
In 1986, a woman known as Jane Doe was sexually assaulted in Toronto. When she reported the crime to
the Service, she was advised that the attack fit the pattern of other sexual assaults targeting local women.
Ms. Doe successfully sued the police for failing to warn the community about the serial predator. Toronto
City Council later appointed an independent auditor, Jeffrey Griffiths, to examine the Service’s sexual
assault investigations. His report is summarized in Chapter 11.
RECOMMENDATION
73 The assignment of investigators or interviewers to a missing person
investigation should be informed by their individual skills and
competencies. In making such assignments, supervisors should be
mindful of, and informed by, the dynamics in individual cases. These
dynamics may include
RECOMMENDATION
74 The Toronto Police Service should strengthen its existing Missing
Persons Procedure to ensure that the investigators make themselves
aware of existing community resources that can advance their missing
person investigations and fully use those resources as needed. The
Service should work proactively with community groups and leaders
to establish processes for community partnership and engagement in
missing person investigations.
20
The Community Partnerships and Engagement Unit – Auxiliary Program deploys trained volunteers to
support the Service in various roles, particularly community-oriented policing initia tives.
promote public safety.
The Service’s Missing Persons Procedure is largely silent on the issue
of information sharing with the public. It states that a citizen requesting
information, either electronically or by telephone, about another citizen’s
whereabouts shall be directed to the officer in charge. The officer in charge
shall determine whether it is appropriate to release the requested information.
Aside from this direction, the procedure provides no guidance as to when or
how members of the public should be updated about an ongoing missing
person investigation.
The procedure does require officers to “consider” using a poster or
bulletin to assist in locating the missing person. In the case of a level 2 search,
divisional investigators are also required to “consider” requesting assistance
from the media and to “consider” communicating the relevant information on
social media. There are no suggested timelines for issuing a media release at
the outset of an investigation or on any ongoing basis. However, the procedure
does incorporate the Service’s News Media Procedure as an associated
governance document, and some valuable direction is provided there.
I recognize that procedures cannot contemplate or address every
scenario. However, in my view, the existing procedures can better address
identified systemic flaws. Several of those flaws involve failing to issue timely
media releases in missing person cases and overly restrictive information
sharing with communities generally. As well, those directly affected should
have a greater say in the contents of media releases or social media messaging,
subject to overriding public interest concerns. That greater say reflects the
justifiable concern some family members expressed to me about the missing
persons whose disappearances the Review investigated. In those cases, some
media information, whether coming from the Service or the media, showed a
lack of sensitivity to the missing persons and those closely associated with
them. Although the Service cannot control how the media depict a missing
person, it can at least alert the media to issues of sensitivity and compassion. I
have already addressed the role of those directly affected in media releases in
Recommendation 43(d).
RECOMMENDATIONS
75 The Toronto Police Services Board and the Toronto Police Service
should develop, in partnership with community groups and leaders,
an information-sharing strategy that institutionalizes ongoing
communication with community leaders and groups and with the
public at large about the Service’s missing person investigations. The
information-sharing strategy should draw upon the systemic issues
this Review identifies and the related lessons learned. In particular,
the strategy should promote:
Accessibility of Information
The MPU has improved the public’s access to information about how to report
someone missing. For example, the Missing Persons Unit (MPU) now has a
webpage on the Service’s website: http:www.torontopolice.on.ca.22 The
MPU’s webpage is http://www.torontopolice.on.ca/homicide/missing-
persons-unit.php.23 The webpage is a welcome development, although, as I
reflect below, some significant enhancements should be done to make it more
useful, more user friendly, and more accessible particularly to diverse
communities. As well, from my community outreach and engagement, I
learned that members of the public remain mystified about who they should
speak to, at or outside the Service, about the disappearance of their loved one,
both at the outset and while their loved one remains missing. The current
webpage has not alleviated the public’s confusion. Accordingly, as reflected
in Recommendation 79, the webpage presents a valuable opportunity, one of
many, to share information.
The unit does not currently have the budget or resources to create and
host its own website. The webpage contains information about how to report a
person missing and enables people to fill out a Missing Person Questionnaire
in advance of meeting with a responding officer. It also indicates that there is
no waiting period to report someone missing and contains links to external
organizations and agencies that support missing person investigations and the
loved ones of missing people. However, the number of organizations
listed leaves the reader uncertain as to which organization to contact and what
each one can realistically provide.
Information about individual missing person cases is not published on
the unit’s webpage. Instead, the unit relies on the National Centre for Missing
Persons and Unidentified Remains webpage for publication of eligible cases. 24
A link to this webpage is available on the unit’s webpage.
22
The website contains other useful information, including links to general information about the Service,
links to the Service’s social media profiles (including Twitter, Facebook, and YouTube), and links to assist
the public in finding information or obtaining police assistance.
23
Users can navigate to the Missing Persons Unit webpage by clicking on the “Find a Unit” button in the
“About TPS” drop-down menu on the main page of the Service’s website.
24
https://www.canadasmissing.ca/index-eng.htm
The unit’s webpage may be the first point of contact for many people
looking to report a disappearance. It can and should be improved. In many
ways, the Service is underusing the power and potential of internet and
smartphone technology to improve public interaction with the police and
increase the efficiency of missing person investigations. For example:
RECOMMENDATIONS
79(a) The Toronto Police Service should improve the webpage relating to
missing persons in ways that might include:
25
The MPU does place some profiles on Facebook.
division closest to them,
introducing an explanatory video with multilingual captioning to
outline the missing person reporting process and the work of
the unit,
using more sensitive language, in keeping with the anticipated
state of emotional distress of a member of the public accessing
the webpage,
offering an overview as to what a missing person investigation
typically entails.
incorporating a “Frequently Asked Questions” section,
offering additional practical tools to empower individuals to
participate in missing person investigations, such as an “auto
create missing person poster” link,
alerting members of the public to the Service’s diverse
membership and allow reportees to request that an officer
from a given community (Indigenous, LGBTQ2S+, female-
identifying, etc.) respond to the Missing Person Report,
featuring profiles of historical or ongoing missing person cases,
when feasible, with the consent of the family.
allowing those within affected communities to subscribe for
regular search updates through text or email,
providing better guidance as to which ones to contact in which
situations, and
providing accessibility capabilities for the visually and hearing
impaired.
RECOMMENDATION
81 The Toronto Police Service should re-evaluate its existing decision-
making processes for issuing public safety warnings. At a minimum, in
relation to major case investigations, the major case manager should
make the ultimate decision, in consultation with the Service’s
Corporate Communications, as to whether a public safety warning is
required. These types of decisions should be made, whenever
possible, in partnership or in consultation with community leaders.
RECOMMENDATION
82 The Toronto Police Service should take steps to introduce a new and
complementary approach to cases involving youth who go missing
from group homes, shelters, and other youth-related institutions. This
approach should be designed to proactively reduce the number of
young people who leave their care homes or institutions; ensure that
issues explaining their departure are addressed by social service,
public health, or community agencies; implement measures to ensure
that such young people are safe when away from their care homes
and institutions; and appropriately triage cases involving young
people who leave care homes or institutions. Such an approach may
involve, as it does in Saskatoon, reporting to the police that a young
person is missing from care without immediately activating a missing
person investigation.
Use of Liaison and Neighbourhood Community Officers
The Service must do a much better job in fully using the skills and knowledge
of its liaison officers and neighborhood community officers in advancing
its missing person and unidentified remains investigations. The role of
such officers in major investigations has been undervalued. They have often
been brought into situations only when damage has already been done, rather
than proactively to ensure that the frayed relationships with community
members and groups are not exacerbated.
As one officer stated to the Review and as discussed in Chapter 14,
a true community policing model means that liaison and neighbourhood
community officers perform core functions. One chief of police shared a
powerful endorsement of these officers. In his view, the relationship the liaison
and neighbourhood officers have with those in the communities with which
they are connected creates trust and gives them access to information. As a
result, such officers become the most important members of a police service
when it comes to any issue that has arisen in the area to which they are
assigned. “If a service has a truly ‘embedded front-line,’ these officers become
a service’s most significant information resource.” At the same time, liaison
officers should not be conscripted to engage in activities that will undermine,
rather than solidify, their relationships with marginalized and vulnerable
communities.
RECOMMENDATIONS
83(a) The Toronto Police Service should fully use its liaison officers and its
neighbourhood community officers to advance missing person and
unidentified remains investigations.
83(b) The Toronto Police Service should revise its Missing Persons
Procedure, as well as relevant job descriptions, to explicitly recognize
that its liaison and neighbourhood community officers may
Prevention Strategies
The Service’s Missing Persons Procedure mandates certain steps for the police
to take when a missing person is located. Unless there are exceptional
circumstances, an officer must personally attend the location where the
missing person is present to verify that the person is safe and to ensure that the
reportee and/or next of kin has been notified. The officer must also “consider”
contacting the divisional community relations officer or the crime prevention
officer for follow-up and prevention strategies to address repeat
occurrences. There is no requirement that a return or prevention interview
be conducted with the person who went missing to discuss any outstanding
issues that might explain the disappearance and prevent reoccurrences in
the future. Such interviews are not routinely done in Toronto. They should
be.
In a number of jurisdictions, return or prevention interviews form a core
component of how police services respond to missing person cases. These
interviews are routinely done in the United Kingdom and in Calgary, as well
as by the Ontario Provincial Police. They are often done by social
workers, social service agencies, or civilians rather than by sworn
officers, for the
obvious reason that sworn officers are associated with law enforcement
activities, sometimes in the missing person’s community. Detective Mary
Vruna, the Missing Persons Unit’s (MPU’s) head, supported the use of return
interviews, particularly those conducted by trained civilians. She felt that,
preferably, the interviews should not involve an officer, because many of these
located individuals are hesitant to interact with the police and may be
unwilling to share sensitive information about their mental health, traumatic
experiences, or personal safety with an officer. To that list, I would add
information about their criminal activities while missing.26 Equally
important, the return interviews are likely to raise social issues best
addressed by non-policing agencies.
There is evidence that such return interviews reduce the number of
missing person cases reported to the police and, going forward, assist
investigators in identifying patterns and predicting the location of those who
have gone missing. This evidence is yet another instance in which the Service
must recognize activities that should be at the core, rather than the periphery,
of missing person responses.
In the United Kingdom, “safe and well” checks, the equivalent of
“return interviews,” are considered to be as important as investigations
themselves. Officers debrief the returned person in a one-to-one conversation
in which the questions are drawn from a template and the discussion is
confidential. The debriefing helps identify why the person went missing and
what underlying problems continue to exist. Consistent with broader
community safety strategies, the debriefing may lead to a referral to a social
agency.
The Calgary Police Service attempts to conduct return interviews to
determine why the located persons went missing, where they have been, who
they were with, what they were doing, and whether they were victimized.
Return or prevention interviews, standard policy for the Ministry of Social
Services, are also a common practice in Saskatoon.
RECOMMENDATION
84 The Toronto Police Service should modify its Missing Persons
Procedure to require, in the absence of exceptional circumstances,
that a “return” interview be sought with a person who chose to go
missing. The return interview should address whether there are
underlying issues, particularly those unrelated to law enforcement,
26
An OPP pilot project involving use of return interviews found that many youth were being exposed to
crimina lity while away.
that explain why the person decided to go missing, and how to avoid
the person repeatedly going missing, thereby reducing the number
and costs of future missing person cases. To the extent possible, these
return interviews should be conducted by non-policing agencies or
civilian missing person support workers. Uniformed sworn officers
should be involved as little as possible. In some instances, return
interviews should result in referrals to multidisciplinary FOCUS tables
to address underlying social issues that explain the person’s
disappearance. The Service and the agencies involved in such
interviews should create a template of questions to assist the process.
The template should merely be a guide or checklist, rather than rigidly adhered
to.
TextSafe is a service in the United Kingdom that engages young people
by text. If someone goes missing, the police will ask the Missing People
charity to send a TextSafe message inviting the young person to text the
organization. This system allows a message to be sent to the missing
person with advice about available support services.
RECOMMENDATIONS
85 The Toronto Police Service, in partnership with community
organizations, should also support a service modelled on the United
Kingdom’s TextSafe program.
86 The Toronto Police Service should support the creation of a diverse
survivor working group, consisting of those who have previously gone
missing or their loved ones. Such a working group can assist in
building community awareness about missing persons and how to
respond when a person goes missing.
RECOMMENDATIONS
88 The Toronto Police Service) should address the systemic issues
associated with how it collects electronic evidence, including the
content of devices and internet and social media use. In particular,
27
The OPP model is described in Chapter 13.
the Service should amend (or improve) its existing internet procedure
and practices to promote:
89 The Toronto Police Services Board and the Toronto Police Service
should urge the provincial and federal governments to address and
streamline the Mutual Legal Assistance Treaty process for collecting
electronic information. The criteria for obtaining such information
should remain the same, but the bureaucracy associated with this
process needs to be streamlined.
92 The Toronto Police Services Board and the Service should request that
the Ministry of the Solicitor General draw the issue of lack of
communication between services to all Ontario police services and
identify a contact person (or position) at the ministry in the event that
any officer or service is concerned about the failure to respond
appropriately to such information being communicated.
28
There is a useful checklist that Records Management Services created to identify for responding officers
the information required to complete the phone-in process for the initial Missing Person Occurrence Report.
The Missing Persons Unit also created a list of resources to consider in conducting a missing person
investiga tion.
(see Chapter 13). Those changes are incorporated into the recommendations
below.
RECOMMENDATIONS
93 The Toronto Police Service should create templates or checklists for
missing person investigations to reflect the deficiencies identified by
and lessons learned during this Review. The checklists should be fully
accessible on the officers’ mobile workstations and upgraded as
needed.
94 The Toronto Police Services Board and the Toronto Police Service
should recommend to the Ministry of the Solicitor General that a
missing person checklist form part of provincial adequacy standards.
95 The Toronto Police Service should amend its Missing Person Procedure
to provide that (i) DNA evidence should be collected as soon as
practicable. Absent exceptional circumstances, DNA evidence should
be collected within 48 hours; and (ii) the Dental Chart form should be
completed as soon as practicable in all instances, and in any event,
within 30 days if the missing person is not located.
Interv iewing
The sample guidelines of the Policing Standards Manual recommend that
Missing Persons procedures include a requirement to interview the reporting
individual and associates (emphasis added) of a missing person as soon as
practicable. The Toronto Police Service’s Missing Persons Procedure requires,
where possible, the first police officer in a level 1 investigation to
interview the last person to see the missing person. At level 2, the first
supervisory officer is required to ensure that relatives of the missing person are
interviewed. In my view, the direction provided in the procedure on whom to
interview, when to interview, and how to interview is misguided and
inadequate. I recognize that the procedure is not intended to serve as an
investigative manual for missing person cases, but, in the absence of such a
manual, the minimal direction provided in the procedure is unhelpful and
potentially harmful if treated as setting out the minimal requirements for
an adequate investigation. This deficiency is particularly glaring given the
instances in which missing person investigations the Review examined reflect
failures to interview key witnesses, including those who initially reported the
disappearance, in a timely way or at all; incomplete or superficial
interviews; failures to adequately record the
information provided by reporting individuals; and poor interviewing
techniques.
In Chapter 13, I reproduce the Guide on point of the National Centre of
Missing Persons and Unidentified Remains.
RECOMMENDATION
96 The Toronto Police Service should amend its Missing Person
Procedure to address, in a more helpful and thorough fashion, the
need to interview key witnesses pertaining to the report of a missing
person and the subsequent investigation.
RECOMMENDATIONS
97 The Toronto Police Service should amend its Missing Person
Procedure to
29
I note that the procedure also requires level 2 and 3 searches to be governed by the Service’s Incident
Management System. The Incident Management System is a model of police on-site response to
emergencies and disasters.
(a) explicitly address which officers, in addition to the “first police
officer” or the responding officer, are responsible for
conducting the appropriate 300 metre search and to ensure
that a supervisor approve the nature and location of any such
search (although not necessarily before it has been conducted).
The supervisor should ensure that any decision not to conduct
such a search is documented, together with the reason no
search was conducted; and
(b) explicitly identify the potential role of trained search managers
to either coordinate searches or to provide advice on searches,
regardless of the level or type of search being conducted; and
(c) strengthen the current language pertaining to support for
missing persons and coordination with volunteers and
community agencies, consistent with the recommendations in
this Report.
98 The Toronto Police Service should ensure that all physical searches for
missing persons, or canvassing for witnesses or relevant evidence, be
conducted in a comprehensive and coordinated way that includes:
Video Footage
In a missing person investigation, it represents best practice for officers to
obtain relevant video footage as soon as possible and promptly view such
footage. Many businesses and residences have surveillance cameras, and video
footage often yields critical evidence. Critically, the footage is frequently
retained for only short periods of time. The evidence made available to this
Review disclosed that, in a number of the missing person investigations, video
footage was not obtained or viewed in a timely way or at all, sometimes to the
detriment of the investigations. Moreover, the video footage was often not
sought out in a comprehensive, coordinated way.
Procedure 04-21 addresses the gathering or preservation of
evidence. However, I am concerned about repeated issues relating to
timely and comprehensive searches for and viewing of video footage. These
issues need to be addressed.
RECOMMENDATIONS
99 The Toronto Police Service should ensure that video footage is sought
and viewed in missing person investigations in a timely,
comprehensive, and coordinated way. This obligation should be
reinforced through a Routine Order, training, and education.
100 The use of a grid search or mapping tool, such as that used by
members of the Emergency Management and Public Order Unit and
other officers, more recently, represents a best practice to be
employed for conducting a comprehensive, coordinated search for
video footage.
RECOMMENDATIONS
101 On a priority basis, the Toronto Police Services Board and the Toronto
Police Service should address, with the provincial and municipal
governments, inefficiencies in obtaining information from hospitals,
correction facilities, and other institutions about whether a missing
person is located in those facilities. The current practice of calling
hospital to hospital or jail to jail or analogous institutions is very
costly. It involves an unnecessary expenditure of substantial human
resources and results in investigative delay.
102 The Toronto Police Service should develop additional social media or
other effective tools, such as cross-platform mechanisms or apps that
effectively reach hospitals – as well as others who have regular
contact with those who come into contact with a vast number of
people, such as those involved in transportation services, and similar
services, locations, or agencies, through which the police can place
notifications about missing persons.
RECOMMENDATIONS
103 The Toronto Police Service should evaluate the continuing use of
officer memobooks, having regard to the issues identified during this
Review.
104 The Toronto Police Service should reinforce, through its procedures
and Routine Orders, that all memobooks are Service property and
must be retained as its property. All memobooks relating to specific
investigations must be preserved in the investigative files pertaining
to those investigations.
RECOMMENDATIONS
105 The Toronto Police Service should develop, in partnership with the
Office of the Chief Coroner / Ontario Forensic Pathology Service,
protocols on addressing unidentified bodily remains. These protocols
should provide, among other things, that:
106 The Toronto Police Service, in consultation with the RCMP and the
OPP, should request that one of its analysts be seconded to the
provincial Missing Persons and Unidentified Remains to assist in
ensuring that missing person cases in Toronto are appropriately
overseen.
RECOMMENDATION
107 Through a Routine Order and other effective methods, the Toronto
Police Service should reinforce with all relevant officers, the
circumstances under which the Homicide Unit should be advised of a
death or the discovery of bodily remains.
RECOMMENDATION
108 The Toronto Police Service should amend its procedure on preliminary
homicide investigations to clarify when unidentified remains
investigations meet the criteria for a threshold major case.
Reviews of Investigations
In interviews with senior command, certain flaws in the specific investigations
formed the subject of some questioning. Those senior members of the Service
appeared to be largely surprised by the nature and extent of the flaws. Indeed,
during the Review, some senior officers touted the investigations as models for
how to catch a serial killer. Although I find that Project Prism, on balance, was
an effective investigation, the deficiencies in Project Houston and the
investigations that preceded it were profound. It is clear that these deficiencies
were unknown to senior command and to the Board. Putting the flaws aside
for the moment, this ignorance represents a systemic failing to self-identify
and self-correct investigative deficiencies. To illustrate, I outline in Chapter 6
the substantial shortcomings in how the police interviewed McArthur,
shortcomings not only attributable to the well-intentioned officers who
actually conducted the interview, but also to those who supervised them. I find
it surprising that the Service failed to identify and address the underlying
shortcomings. It should have done so. There is no evidence that anybody
reviewed the contents of the McArthur interview until years later. Professional
case management requires an ongoing assessment of work done.
Project Houston was active for about 17 months. The Service invested
substantial human and financial resources to advance the investigation. This
was a Toronto project because of the purported connection between James
Brunton or the cannibal ring and a Toronto missing man. There turned out to
be no connection, and the project was unsuccessful in solving the
disappearances of the missing men. As I reflect in Chapter 6, despite all the
resources invested in Project Houston, no case review or case conference was
convened, as contemplated by the Ontario Major Case Management Manual,
to evaluate the investigation objectively and thoroughly, particularly in the
light of the many deficiencies and shortcomings I have identified. What the
Service missed was the opportunity to consider the lessons to be learned from
the failure of Project Houston.
RECOMMENDATION
109 The Toronto Police Service should commit itself to the professional
use of multi-disciplinary case reviews or case conferences, as
contemplated by the Major Case Management Manual, to evaluate
investigations objectively and thoroughly. In some circumstances, as is
the case in the United Kingdom, serious issues in the conduct of an
investigation should lead to an independent review accompanied by a
public report. This recommendation calls upon the Service to be far
more introspective about its own failings and to correct them.
RECOMMENDATION
110 The Toronto Police Service should evaluate whether existing
supervision and oversight of major investigations should be re-
examined. This evaluation involves a more fundamental and
introspective questioning of the lines of supervision within the Service
and whether they are serving its needs.
30
Peter Nyers, “The Regularization of Non-Status Immigra nts in Canada: Limits and Prospects”(2005) 55
Canadian Review of Social Policy 109.
The association advocates for the Service to adopt a comprehensive
“Don’t Ask, Don’t Tell” policy that would prohibit the police from reporting
to the Canada Border Services Agency non-status individuals who come to the
Service’s attention as missing, potential victims, or witnesses. The association
makes several points in support of this position:
(a) The absence of such a comprehensive policy is inconsistent with the City
of Toronto’s sanctuary city policy and clear direction that immigration
and citizenship information should be collected only where specifically
required by provincial or federal legislation, policies, or agreements so as
to ensure that undocumented Torontonians can access city services
without fear.
(b) In failing to adopt a comprehensive policy, the Service has
misapprehended the law. Contrary to the Service’s position, police
officers have the discretion, not the obligation, to report immigration
violations to the Canada Border Services Agency.
(c) The Toronto Police Services Board’s responsibility for providing
adequate and effective policing must be read in the light of the provisions
of the as yet unproclaimed Community Safety and Policing Act, 2019, that
closely ties policing to the needs of the population, having regard to its
diversity. The Board and the Service must ensure that adequate and
effective policing is provided to Toronto’s diverse population, including
non-status Torontonians. The association notes that there are an estimated
200,000 non-status individuals residing in Toronto alone.
(d) Inquiries by the police into immigration status and subsequent reporting
of violations to the Canada Border Services Agency exacerbate and
reaffirm the existing fear and mistrust of the police among non-status
communities, undermining the Service’s ability to serve and protect
vulnerable community members.
RECOMMENDATIONS
111 The Toronto Police Services Board and the Toronto Police Service
should re-evaluate, in partnership with the City of Toronto, what
protections currently exist for those with precarious legal status who
wish to report people missing or provide information about them;
whether the Service has misinterpreted its existing enforcement
obligations, particularly under immigration legislation; and whether
its current procedures and practices are consistent with the city’s
sanctuary city policy and related directions. This re-evaluation,
supported by an independent legal opinion, should lead to enhanced,
well-communicated protections that will assist in reducing barriers to
reporting or information-sharing with the police.
112 The Toronto Police Service should consider incorporating into its
Missing Persons Procedure, a third-party or “distance” reporting
system (where trusted community leaders, organizations, or agencies
are designated to transmit, anonymously if necessary, missing person
reports or information to the police).
Throughout this Report, I have documented many ways in which the specific
investigations named in the Review’s Terms of References were
defective.
32
Laura Huey, “An Absence of Evidence,” 26.
These were largely explained by systemic issues, some as fundamental as the
low priority given to missing person investigations, the differential
treatment given to a number of these investigations, and the failure to engage
or enlist affected communities to advance these investigations. These
fundamental deficiencies have disproportionately impacted LGBTQ2S+
and racialized communities.
I specifically recognize in this Report that a number of officers showed
skill, dedication, and compassion in their investigative work. I also
acknowledge that some exceptional work was done during Project Prism to
lead to McArthur’s apprehension and, ultimately, his prosecution.
Nonetheless, the systemic deficiencies in most of the earlier McArthur-
related investigations mean that important opportunities were missed to
capture him earlier. I do not accept the inevitability of his seven-year reign of
terror, that the victims’ fates were sealed, or that it was only good fortune
– that is, the discovery of the video of McArthur’s departure with Andrew
Kinsman in a red van – that could have brought about McArthur’s
identification as a serial killer. The police had evidence available to them as
early as 2011 that, properly acted upon, should have led to closer scrutiny.
McArthur’s potentially meaningful connection to all three men whose
disappearances were investigated during Project Houston went unnoticed in
2013, as did his relevant prior convictions. Much harm was done as a result of
these missed opportunities. That lives were lost is unquestionably the most
significant, but not the only, harm.
Tess Richey’s mother found her own daughter’s body. Alloura Wells’s
bodily remains would probably have been identified earlier, had some of the
deficiencies I have identified not been present.
Stakeholders had mixed feelings about whether they wanted to see the
Service apologize for the serious deficiencies in the investigations this Report
reveals. On the one hand, an apology or acknowledgement can represent a step
toward a better relationship between the police and communities. On the other
hand, a compelled apology is often regarded as contrived and therefore
worthless, especially if not followed by concrete and visible commitments and
action plans with transparent and measurable goals designed to ensure that
what happened in the past is not repeated. By way of example, a number of
LGBTQ2S+ community members were deeply troubled by Chief
Saunders’s apology for the 1981 bathhouse raids, especially when it was
followed shortly after by Project Marie.
During my consultation with the Review’s Community Advisory Group, its
members made all the above points. They also contrasted a forced apology
with the approach taken by the chief of the Edmonton Police Service,
who, after extensive consultation both within and outside the Edmonton
Police Service and the development of an action plan, apologized to the
LGBTQ2S+ communities for his service’s past conduct. The Community
Advisory Group told me that, although the affected communities would have
varied views on an acknowledgement from the Service, any such
acknowledgement could only potentially assist if it is demonstrably heartfelt –
the words must be sincere and heartfelt. They must be accompanied by a
specific action plan for change. Such an action plan must be developed in
partnership with affected communities and involve a continuing community
role in its implementation.
RECOMMENDATION
113 The Toronto Police Service and the Toronto Police Services Board
should consider whether they wish to acknowledge the deficiencies
identified in this Report, together with the adverse impact they have
had on those communities and individuals directly affected. Such an
acknowledgement should be made only if heartfelt, if it is
accompanied by a detailed action plan for change that is subject to
independent monitoring, and if the content of the acknowledgement
and the action plan is developed in partnership with communities.
Any such acknowledgement should form part of a comprehensive re-
evaluation by the Service and the Board of the urgent need to
improve relationships with Toronto’s diverse communities, including
those who suffer intersecting and overlapping grounds of systemic
discrimination and disadvantage.
RECOMMENDATION
114 The Toronto Police Service should consider whether to acknowledge
the problems associated with Chief Saunders’s statements on
December 8, 2017, and later to the Globe and Mail and how they
contributed to the elevated mistrust that followed the McArthur-
related investigations.
Profession: any type of work that needs special training or a particular skill,
often one that is respected because it involves a high level of education ~
Cambridge Dictionary (online)
RECOMMENDATION
115 The Toronto Police Services Board and the Toronto Police Service
should reflect, in their recruitment policies, the following standards:
(a) recruits must have a minimum of 30 credits of post-secondary
education (or such higher minimum as the Board and Service
might determine);
(b) post-secondary education need not include policing-related
courses, but may well include courses that promote
communication, problem-solving, and relationship-building
skills and cultural understanding and humility; and
(c) diversity and equity in hiring continue to be supported.
I say “continue to be supported” because the Board and the Service have had
success in increasing diversity and equity within the Service, although they
must develop new strategies to attract Indigenous members. The inability of
services to attract a significant number of Indigenous candidates represents a
systemic issue not unique to Toronto. In my view, significant improvement to
the relationship between the Service and Toronto’s Indigenous communities,
33
http://www.torontopolice.on.ca/careers/uni_minreq.php.
34
https://joinvpd.ca/police-officers/ a nd https://spvm.qc.ca/en/Pages/Careers/Police-Officers/Admission-
criteria -for-employment-equity-police-officers and https://spvm.qc.ca/en/Pages/Careers/Cadets/Selection-
criteria .
35
TPS Analysis on Demographic Data 2020 Cadets at p 3.
and appropriate investment in that relationship, are important steps, among
others, toward attracting Indigenous candidates.
36
PACER wa s delivered in 2013. It contained 31 recommendations designed to implement discrimination-
free policing. It included the creation of a community advisory committee to advise on racial profiling, new
dealing with people in mental health crisis. Senior officers take this annual in-
service training because they “are operational” in the sense of being armed.
Civilian employees who have supervisory responsibilities do not take this
training. The limited time availability for in-service training and the range of
important topics to address pose ongoing problems for trainers. Sometimes,
these constraints are dealt with through greater use of online programming.
In my view, if the Service aspires to become a national, if not global,
leader in providing its employees – sworn officers and civilians alike –
with the skills to effectively, equitably, and compassionately serve and
protect Toronto’s diverse communities, it should adopt the components of
this transformative approach to training and education that I have set out.
Adopting an approach that draws more on Toronto’s diverse communities and
involves the development of teaching best practices through a regional
centre of policing excellence will assist in building relationships with
marginalized and vulnerable communities. It will also contribute to an open
and less hierarchical police culture.
RECOMMENDATION
116 The Toronto Police Services Board and the Toronto Police Service (the
Service) should commit the Service to becoming a recognized
national, if not global, leader in police training, education, and
professional development both for recruits and the Service’s sworn
officers and for its civilian employees, with particular emphasis on
those who perform functions relevant to this Review’s mandate, such
as community engagement, equity, inclusion, and human rights.
I now turn to the content of training and education for the Service’s
members relevant to my mandate.
risk thresholds on monitoring discriminatory conduct, enhanced training in colla boration with community
partners, the conduct of periodic community surveys, and enhanced community communication.
(b) the use of technology to advance investigations and
the importance of such use;
(c) the use of existing internal resources and community
partnerships to advance investigations involving diverse
marginalized and vulnerable communities;
(d) communication strategies to ensure that investigations are, to
the fullest extent possible, transparent;
(e) interviewing techniques and appropriate preparation for
interviews, including the nature and scope of work-ups
for interviewees;
(f) trauma-informed interview techniques for those emotionally
traumatized by a disappearance or the discovery of a
deceased person;
(g) how and when to effectively access relevant electronic
information, the internet, and social media personally, through
the assistance of the Technological Crime Unit or the Cyber
Crime Unit, or through legal process;
(h) how and when to utilize the Missing Persons Act, 2018;37
(i) how to determine whether a case meets the criteria for a major
case, whether threshold or non-threshold, and what the
designation as a major case means;
(j) major case management, and the use of PowerCase;
(k) when the Homicide Unit should be advised that bodies
or unidentified remains have been found;
(l) when the Homicide Unit should be consulted or engaged
in relation to a missing person investigation;
(m) tunnel vision;
(n) what is and is not available to officers on the Service’s records
management systems;
(o) the uses that can and cannot be made of underlying conduct
relating to a record suspension (previously known as a
pardon) for investigative purposes;
(p) the role of the Emergency Management and Public Order
search managers and unit members insofar as they relate to
37
SO 2018, c 3, Schedule 7.
urban canvassing and searching, and how they can be called
upon to assist in missing person investigations; and
(q) the criteria that define when missing person investigations
become major cases subject to major case management, as well
as how to interpret those criteria.
RECOMMENDATIONS
118 The Toronto Police Service should develop specialized training and
education on missing persons and unidentified remains investigations.
Such specialized training and education should:
119 Although it is not expected that every officer will receive the
specialized, more intense, training and education set out in
Recommendation 117, it is important that all officers have a basic
understanding of the new model for missing person investigations the
Toronto Police Service adopts and how unidentified remains
investigations should be conducted.
I have already said that the Service does a poor job in assessing whether its
training and education is successful. There have been well-publicized
examples of continuing non-compliance with existing procedures despite
training directly on point. In its 2019 report, Breaking the Golden Rule: A
Review of Police Strip Searches in Ontario, the Office of the Independent
Police Review Director identified the prevalence of strip searches Toronto
officers conducted in violation of the Canadian Charter of Rights and
Freedoms, despite the training taken. (The Service recently addressed this
issue in responding to the OIPRD’s Report). A transformative approach to
training and education requires the Service to develop a plan to assess the
efficacy of training and education, whether through on-line testing that is
repeated after a period of time, auditing police interactions with the public,
satisfaction surveys of community members who contact the police, or through
greater use of case scenarios in promotion interviews to evaluate an
officer’s understanding of what they have been taught.
39
For a finding of discrimination when a South Asian officer who worked with such communities and did
not have such work valued for promotion, see Sandhu v Regional Municipality of Peel Police Services
Board, 2017 HRTO 445.
national, provincial, or regional, to do precisely what I advocate here. Indeed,
they model their support on the United Kingdom’s College of Policing,
although I prefer to describe the proposed institution as a centre for
policing excellence so as not to confuse its responsibilities with those of
either the Ontario Police College or the Toronto Police College. My
proposal contemplates a regional centre, with the Service and the Board as
two of the founders, but, I hope, with buy-in from other services. That is a
realistic step forward, recognizing that an appetite ultimately exists for a
provincial and/or national centre.
In my view, such a regional centre of excellence would develop best
practices on policing, including on training, education, and professional
development. It would itself provide leadership training and education for
senior officers and board members, offer “training the trainers” or “educating
the educators” programming, promote excellence in policing, create the
environment for policing to be regarded as a profession, and recommend
evidence-based statutory or regulatory changes.
The centre for policing excellence should ideally be housed within any
one of the many post-secondary institutions in the Greater Toronto area or in
the region. It would be a space for policing experts and academia to examine
and independently evaluate existing policies, procedures, and practice and for
candid discussions with a range of not-for-profit organizations and community
agencies about opportunities for policing reform.
As I mention in Chapter 14, the Toronto Police College has used an
American program of “Fair and Impartial Policing TM” which is just starting
to be independently evaluated to determine if it has any effect on the conduct
of officers who have taken the program. A centre for policing excellence
would be well situated to conduct similar evaluations of training and
education provided to Service members.
The Community Safety and Policing Act, 2019, when proclaimed in
force, will inevitably lead to increased training and education of Board
members. In addition, delegates of the chief of police and the Board are now
required to participate in the development of plans for community safety and
well-being. A centre of excellence could assist in evaluating the role of the
Service and other agencies in achieving the measurable goals that are to form
part of Toronto’s plan. It could also examine the considerable governance
challenges identified in this Report and others that accompany the broader
focus on partnerships to achieve community safety and well-being. In the
context of missing person investigations, the centre’s work would ideally
address what Professor Laura Huey identified in her paper for the Review as
a dearth of peer-reviewed research on such investigations.
In my view, in order to provide informed, credible, and constructive
criticism of existing policies, procedures, and practices, it is important that
such a centre for policing excellence have some degree of independence from
the Service, the Board, and the Ministry of the Solicitor General. The centre’s
board could include not only representatives of the Board and the Service but
also representatives of diverse community groups, as well as educational
institutions involved in research on policing. The location of the centre in an
academic institution rather than within the ministry or the police colleges
would reinforce its independence and the role of policing within the larger
network of community and government agencies.
Governments, post-secondary institutions, charitable funders, and
the private sector may believe that, given existing financial constraints, now is
not the time to invest in a centre for policing excellence. However, I accept
the arguments some police leaders have forcefully advanced that,
notwithstanding current constraints, “now is the time” for the creation of such
an institution. This is because of public demands for fundamental changes to
policing and for an evaluation of the cost effectiveness of policing. Both of
these demands predate the death of George Floyd and the pandemic. But they
have clearly intensified because of them.
I have been made aware that the new inspector general of policing
intends to conduct research and work with academics. This positive
development should be encouraged. At the same time, I recognize that the
Office of the Inspector General will have many responsibilities across the
province and cannot reasonably be expected to house or assume prime
responsibility for this scholarship and the breadth of activities contemplated.
The inspector general could, of course, be a partner in this enterprise. Such a
centre could also help solidify and enrich the Board’s and Service’s
partnerships with academic institutions that I advocate in
Recommendation 125.
I have been told that some academics are reluctant to work with the
police and may be more reluctant to do so after the summer of 2020. In
my respectful view, such attitudes are short-sighted. I am convinced that both
the police and academia, as well as post-secondary students, can benefit from
increased interaction that accepts the need for independent and published
evaluations.
In the United Kingdom, its College of Policing is operationally
independent of the Home Office. It has prepared a code of ethics, codes of
authorized professional practice and guidelines, all of which are updated in
the light of continuing research. The college has also been tasked with
building liaisons with academic institutions to ensure that policing research
can be used to evaluate and improve policing practice. It proactively examines
and publishes work on best practices in a variety of policing areas. I recognize
that the UK government has devoted enormous resources to the college. Here,
I am proposing, at first instance, a more modest model that is regional and
involves partnership between several police services and boards, academic
institutions, and the private sector. In time, I hope consideration might be
given to a national centre through federal and provincial co-operation and
joint funding.
RECOMMENDATIONS
123 The Toronto Police Services Board and the Toronto Police Service
should support the creation of a regional centre for policing
excellence, housed within an academic institution. The centre would,
through research and ongoing evaluation, promote excellence in
policing through developing best practices on policing, including
training, education, and professional development; itself provide
some leadership training and education for senior officers and board
members; offer “training the trainers” or “educating the educators”
programming; create an environment for policing to be regarded as a
profession; and, based on the research produced, recommend
evidence-based statutory or regulatory changes. Ideally, the Centre
would also be established in partnership with other regional police
services and police services boards, the Ministry of the Solicitor
General and the Office of the Inspector General of Policing, and
community, private sector, and not-for-profit stakeholders.
124 The Toronto Police Service should publicize, at a minimum on its
website, the mandatory and optional programming provided to its
employees. Community members are often uninformed about the
programming that is currently offered. Such transparency is also
consistent with the treatment of policing as a profession.
Research and Academic Institutions (Chapter 13-14)
RECOMMENDATION
125 The Toronto Police Services Board and the Toronto Police Service
should proactively explore additional partnerships with academic
institutions to promote independent research on policing and on the
systemic issues and research-deficits identified in this Report.
The Board and the Service have recently developed policies and procedures on
race-based data collection. With the advent of the Anti-Racism Act, 2017, and
the incentives to collect further data to fulfill the objectives of the yet-to-be-
proclaimed Community Safety and Policing Act, 2019, the Service should be
able to provide disaggregated data to academic researchers to enable evidence-
based research on topics relevant to the Review’s mandate, including impact
of policing on marginalized and vulnerable communities, the role of
intersectionality, and correlations to trust and confidence communities have in
the Service. The data mandated by legislation should represent the base data
the Service collects, rather than the full range of data to be collected, with
appropriate privacy safeguards, to ultimately promote equitable policing.
40
Of course, it is also problematic to regard, for example, sexual orientation as a “lifestyle.”
In addition, in Chapter 14, I describe more generally the issues around
discrimination the Ontario Human Rights Commission has identified that
continue to exist within the Service.
The Ontario Human Rights Commission, of course, is expert in
recognizing and addressing issues of systemic and overt discrimination and
continues to use that expertise in addressing policing issues in Toronto and
province-wide. My recommendations are not intended to substitute for those
made by the Commission. Instead, these recommendations build on the good
work that is already being done by the Commission and by the Service itself.
Psychological Testing
In the 2018 OIPRD Report, Broken Trust: Indigenous People and the Thunder
Bay Police Service, the director said this in support of a recommendation
similar to the one set out immediately below:
During the course of this review, we met with one company, Multi-
Health Systems Inc. (MHS), which has a well-established track record of
designing psychological assessment tools. MHS has designed a psychological
assessment for use in weeding out potentially racist policing candidates. Its
psychological assessment is currently used in Quebec and in some American
jurisdictions.
Since the OIPRD report, additional police services, including the
Ontario Provincial Police and the Niagara Regional Police, have adopted these
psychological assessment tools. In addition, the École nationale de police du
Québec is using these tools in its early screening of recruits. As pointed
out by the Review’s Community Advisory Group, one also has to guard
against skewed psychological assessment tools that perpetuate
stereotypical assumptions or misconceptions.
RECOMMENDATION
126 The Toronto Police Service should consider introducing recently
developed psychological testing in hiring and recruiting, in order to
assist in eliminating applicants who have discriminatory views and
attitudes.
RECOMMENDATIONS
127 The Toronto Police Services Board and the Toronto Police Service
should ensure that the Service develops a robust equity plan as soon
as practicable. Whether included in the Service’s equity plan or in an
“equity framework” that guides the Service’s internal operations and
external relations, or both, such documents should, among other
things,
128 The Toronto Police Services Board and the Toronto Police Service
should consider whether the critical goal of advancing equity would
be enhanced by merging or placing the Service’s two units devoted to
equity, under the same chain of command. These units are the Equity,
Inclusion and Human Rights Unit and the Community Partnership and
Engagement Unit.
I have deliberately used the language “should consider” because it was outside
my mandate to examine the full range of considerations relevant to the
Service’s organizational chart. However, there are some equity-promoting
synergies that might be enhanced through placing both units under the same
command. For example, liaison officers could play a greater role in how
internal matters such as harassment or discrimination should be addressed
within the Service.
Another example of the synergy that might be enhanced relates to the
role the officers involved in Internal Support Networks might play in not only
mentoring officers within the Service, but also building better relations with
communities they are part of. At present, the Internal Support Networks come
within the Equity, Inclusion and Human Rights Unit’s portfolio, although
building better relations is within the Community Partnership and Engagement
Unit’s portfolio, under a separate chain of command.
Equity Audits
RECOMMENDATIONS
129 To complement recommendation 127, the Toronto Police Service
should develop additional mechanisms to measure how community
41
The assignment of Toronto’s senior officers to equity portfolios, as has been done, represents an
important step in implementing this part of the recommendation.
members, particularly members of marginalized and vulnerable
communities feel about their interactions with the Service. Such
mechanisms might include equity audits of divisions or specialty units,
through surveys, focus groups, and analytics, to determine how many
people interacted with the Toronto police, how those people self-
identify, and whether they felt they were treated in a respectful
fashion. The audits should be designed to enable community
members to provide their perspectives in a safe and confidential
environment. Respondents should feel able to include suggestions for
change and what worked well or poorly in their interactions with
police.
RECOMMENDATIONS
130 The Toronto Police Services Board and the Toronto Police Service
should ensure that the Service’s Equity, Inclusion and Human Rights
Unit is adequately resourced to facilitate implementation of the
recommendations respecting bias and discrimination contained in this
Report and to build competencies within the unit to engage with
LGBQ2S+, trans, racialized, and Indigenous communities.
131 The Toronto Police Services Board and the Toronto Police Service
should ensure that the Service’s Wellness Unit is adequately
resourced to build competencies within the unit to provide culturally
specific wellness resources and support to diverse members of the
Service.
Discipline and Discrimination
One of the frequent complaints I heard during my community engagement had
to do with discipline. Many community members believe that discriminatory
policing is unaddressed through the Service’s discipline processes and is going
unpunished and therefore undeterred. In its August 2020 deputation to the
Board, the Ontario Human Rights Commission referred to what it
characterized as “structural impunity for systemic racism within the Service
and the Board,” including the failure to effectively address judicial and
tribunal findings that the Service’s members engaged in racial
discrimination.42 The commission stated:
The commission also called for the early intervention system that
PACER recommended in 2013. It further called for the province to reform the
police discipline process to ensure that “appropriate discipline” is applied
to findings of discrimination by courts and human rights tribunals. The
commission also noted the lack of transparency of disciplinary hearings. In the
words of the commission:
The Police Services Act’s current confidentiality provisions mean that the
public does not know when and whether an officer was subject to some form
of discipline for engaging in racial profiling, racial discrimination or other
42
http://www.ohrc.on.ca/en/ohrc-written-deputation-toronto-police-services-board-re-police-reform-toronto-
systemic-racism
police misconduct. Only decisions from police service disciplinary tribunals
are not confidential.43
43
Ibid.
44
Ibid.
45
https://www.canlii.org/en/on/oncpc/.
may be appropriate. In the case of informal discipline, transparency and active
community involvement will be important if the response is to have public
confidence, particularly among members of disadvantaged communities.
RECOMMENDATIONS
132 The Toronto Police Services Board and the Toronto Police Service
should take steps, through a strategic plan or strategy, to address
issues around transparency and accountability in how conduct by the
Service’s members is addressed that raise concerns about
discrimination, including harassment, and differential treatment
based on human-rights personal identifiers. This recommendation
applies regardless of whether the conduct raises concerns about
discrimination against the Service’s members or against members of
the public. Such steps should include, at a minimum:
(a) timely and transparent identification by the Service of
complaints that raise concerns about discrimination, whether
overt or intentional or systemic;
(b) timely and transparent identification by the Service of findings
by courts or tribunals that raise concerns about discrimination;
(c) the creation or amendment of policies and procedures to
provide for a consistent, comprehensive and transparent
strategy for dealing with these cases;
(d) involvement of the Equity, Human Rights and Inclusion Unit in
developing and implementing such a strategy, advising the
Professional Standards Unit, and monitoring compliance with
relevant policies and procedures;
(e) consideration of the enhanced role that marginalized and
vulnerable communities that are the subject of discrimination
can play in the investigative, resolution, and disciplinary
processes, including feedback on resolution and community
victim statements to be filed with the discipline tribunal,
consistent with existing legislation and procedural and
substantive fairness to those accused of misconduct; and
(f) regular reporting to the Board on implementation of the
strategic plan or strategy, consistent with the role of the Board
as described in Recommendations 1-4.
RECOMMENDATIONS
133(a) The Toronto Police Services Board and the Toronto Police Service
should ensure that Service-related disciplinary decisions (in addition
to those appealed to the Ontario Civilian Police Commission) are
easily accessible to and searchable by the public and/or indexed for
the public’s use. Lack of transparency in decision-making contributes
to mistrust, particularly on the part of marginalized and vulnerable
communities. It also undermines accountability of the Toronto Police
Service for how discipline is being addressed.
133(b) The Toronto Police Services Board and the Toronto Police Service
should also urge the minister of community safety and correctional
services to make regulations, pursuant to s. 148(2) of the Community
Safety and Policing Act, 2019, as yet unproclaimed, to ensure that all
the decisions from adjudication hearings under the Act are published
on the Internet and moreover, easily searchable.
134 The Toronto Police Services Board and the Toronto Police Service
should facilitate, preferably together with the Ministry of the Solicitor
General and the Office of the Inspector General of Policing, the
publication of the ability of any person to make complaints under s.
107 of the Community Safety and Policing Act, 2019.
Relationship Building (Chapter 14)
In Chapter 14, I explain why my recommendations to improve
relationships between the Service and marginalized and vulnerable
communities are not, and should not be seen as, a detailed blueprint that the
Service or the Board can impose on the communities. The most successful
models for community buy- in involve true partnerships between the police
and the communities in designing and implementing measures to bring
about change. A diverse advisory group determined that this independent
civilian systemic review was needed to address the communities’ deep
concerns about how the Service conducts missing person investigations
involving, in particular, LGBTQ2S+ community members. That same advisory
group largely crafted the Review’s Terms of Reference.
The Board empowered those community representatives by
accepting and acting on their recommendations without making any changes –
a critical step in promoting confidence in the process. The communities should
now design any blueprint for building relationships. At this critical point in
time, community partnerships are particularly important, given the current
momentum to re-image the role of the police within a larger holistic approach
to community safety and well-being.
Marginalized and vulnerable communities are, however, exhausted from
consultation fatigue. First, their members often feel they have repeatedly
shared their lived experiences, with little to show for their efforts. For many,
the problems they have with the Service are hardly new. Those who have
experienced overpolicing and underprotection may understandably become
reluctant to continue to engage in consultations with the Service – particularly
if they see no measurable and lasting changes. Second, the laudable
recognition of the importance of consultation has brought with it a
dizzying array of consultative committees, working groups, advisory
panels, and accountability tables or circles. As but one example, the
Service has 17 consultative committees at the divisional level, nine
community consultative committees, and two committees to advise the chief
of police. The Board has recently made permanent two pre-existing
advisory panels or consultative committees, one dedicated to mental health
issues and the other to anti-racism. The city also has numerous consultative
committees and an accountability table.
From the perspective of the city, the Service, and the Board, all these
committees make good sense, if genuine consultation is the objective.
However, the proliferation of consultative committees also creates risk –
risk that strong, consistent, effective messaging from communities is more
difficult, and that duplicate forms of consultation complicate and even
interfere with the ultimate goal of making the Service more responsive to the
city’s multiple and intersecting communities. In addition, consultation
places an enormous personal burden on those repeatedly called on to serve.
My recommendations are designed to identify both the fundamentals for
effective consultation and community partnership and the impediments to
them. Ultimately, effective consultation is an essential component of
improving relationships – as are collaboration, acknowledgement of past
harms, empowerment of communities to be partners in decision making, and,
ultimately, buy-in from all those involved in the relationships. But there is no
easy fix. The Service must be open to broader outside influences and more
welcoming of constructive criticism. Propitiously, the Service and many of its
officers have agreed that the time has come for a change in culture.
I refer above to the momentum for fundamental change in policing. As
I discuss in Chapter 3, the Community Safety and Policing Act, 2019 will soon
be proclaimed in force. It places new emphasis on plans for community safety
and well-being and the importance of diversity and intersectionality.
Responding to events in the summer of 2020, both the Toronto City Council
and the Board have recognized this new emphasis. Giving life to it will be a
work in progress. This momentum for change has already produced a plethora
of recommendations from the city, the Board, the Ontario Human Rights
Commission, and now from me. In this Report, I have attempted not to pile
recommendations on top of previous recommendations. Rather, in formulating
my own, I have taken into consideration the range of existing
recommendations. One of the themes of my Report is the need to test any new
initiatives through measurable outcomes, research, and evaluation.
To its credit, the Service has introduced many initiatives not only to
address community relations along with training and education but also to
change its own culture. However, these initiatives, as well intentioned as they
are, are still lacking in certain ways. Unfortunately, with the exception of the
Humber College evaluation of the Neighbourhood Community Officer
Program, the Service has done little to evaluate objectively which initiatives
work, and which do not. Communities are largely unaware of these initiatives:
How, then, does the Service expect these initiatives to resonate with
marginalized and vulnerable people? Superimposed on all this is one very
public and often-cited manifestation of the difficult issues to be addressed –
namely, the exclusion of the Service’s LGBTQ2S+ members from the Pride
parade. Against that background, I tackle these difficult relationship issues in
the recommendations that follow.
46
Jane Doe, Amanda Dale, and Beverly Bain, “A New Chapter in Feminist Organizing: The Sexual Assault
Audit Steering Committee” (2009/2010) 28(1) Canadian Woman Studies 6.
47
The City’s Black Partnership and Accountability Circle tries to ensure that its members represent the
diversity of Toronto’s Black community and includes four elders, four people between 12 and 29 years of
age with diverse lived experiences, and four people representing key stakeholder groups such as health and
social services, arts, culture, and government. The 12 members are also paid expenses and modest honoraria
for their work over a two-year term. See https://www.toronto.ca/community-people/get-
involved/community/confronting-anti-black-racism/partnership-accountability-circle/partnership-
accountability-circle-terms-of-reference/.
committees have recognized this deficiency, 48 it may send an unfortunate
message that these seriously disadvantaged groups are not equally worthy of
protection. The solution is not necessarily separate committees for all
marginalized and vulnerable communities but, instead, an approach that
focuses more intently on intersectionality.
Fourth, senior citizens and those living with disabilities are grouped
together, although these distinct but overlapping communities are represented
by two different liaison officers within the Service.
Fifth, these consultative committees have minuscule budgets, some
operating on $1,000 a year. It is creditworthy that non-Service community
members volunteer their time, but the absence of any remuneration for
community members, regardless of their situation, excludes those most
marginalized and vulnerable from participating in the work. This point was
forcefully communicated to me during the Review’s policy roundtable and at
stakeholder meetings. Committees that are not financially supported are
unlikely to operate as true decision makers and to feel valued.
Sixth, despite an existing Board policy to the contrary, there has been
no regular evaluation of these committees. I was unable to learn, except
through individual interviews, whether committee members are satisfied with
their experience or with the impact of their work. Nor do I know, except
through individual interviews and the Review’s own engagement survey, how
communities feel about these committees or even if they know the committees
exist.
Seventh, the committees do not announce goals or measurable outcomes
they hope to achieve. This vacuum, too, prevents any meaningful evaluation
of their work.
Eighth, the committees have no public voice. Aside from having little or
no active or consistent web or social media presence, the minutes of their
meetings reflect that police officers on the committees have expressed
concerns that any messaging from the communities should not be “political.”
In my view, it is unlikely that such committees can perform, and be seen to be
performing, a meaningful role in decision making if they feel unable to speak
publicly about their concerns. Of course, committees can themselves establish
rules around confidentiality and public disclosures.
Ninth, the committees are co-chaired by senior police officers.
Unquestionably, there should be a full exchange of information between the
48
For example, the Senior Citizens and People with Disabilities Committee has taken a commendable
interest in mental health issues, although there is no committee (other than the Board’s committee) otherwise
mandated to deal with mental health and addiction issues.
police and the communities. However, this communication can be done either
by police participation in the committees as members or as invitees (as often
occurs), rather than as co-chairs. Again, the goal is to invest these
communities with both perceived independence and actual independence, even
though such independence may generate some painful but necessary dialogue.
Tenth, there is no transparent process for how committee members are
selected. I heard concerns that some committee members did not even live in
Toronto. More significant, community members I spoke with perceive, rightly
or wrongly, that selected members are “pro-police,” though community
members and police officers alike stated that the Service needs to hear from
those in the community who are not “pro-police.” Events such as the killing of
George Floyd, and related Canadian events in the summer of 2020, make it
even more important that the necessary and vital task of community
consultation be robust, independent, and, at times, difficult.
Eleventh, as I already indicated, 17 community police committees also
exist at the divisional level. It is important that the Service consult not only on
city-wide issues but also on local issues. However, many of the same concerns,
such as effectiveness, duplication, mixed messaging, selection,
intersectionality, and transparency need to be considered in relation to the
divisional committees as well.
In 1995, the Commission on Systemic Racism in the Ontario Justice
System recommended that the Board appoint and provide support for
community policing committees at “either divisional levels of each police
service or another geographical area or community grouping appropriate to the
jurisdiction.” The Commission proposed seven members who would be drawn
from community organizations active in the area after a fully open and
advertised search. A criminal record would not bar appointment. Each member
would be paid and would serve for three years, and every effort would be
made to make committees gender balanced and include youth and
racialized members. Meetings would be public, occur monthly, and not be
held in police stations. The Board would support the committees with
relevant research, which in turn would help the committees develop
policing objectives that could then be forwarded to the Service and, if
necessary, the Board. The committees would also have resources to monitor
the implementation of their recommendations.49 I cite this example not because
I think a 1995 blueprint that has never been adopted should necessarily be
instituted today. However, the transparency of the committees the
Commission on Systemic Racism
49
Report of the Commission on Systemic Racism in the Ontario Criminal Justice System (Toronto: Queens
Printer, 1995), 348–49 (Co-chairs Margaret Gittens and David Cole).
proposed is to be commended, as does a model that involves public meetings,
selection criteria that address diversity and intersectionality, and
administrative and financial resource allocation.
In addition to these 11 issues, the role of the Service’s community
consultative committees should be re-examined in the light of related
consultations taking place through the city and through the Board.
Under both the Police Services Act and the yet to be proclaimed
Community Safety and Policing Act, 2019, municipalities must now
prepare community safety and well-being plans. 50 These plans are to be
prepared with the assistance of a multidisciplinary advisory committee that
must include, at a minimum, the chief of police or a delegate; a police
services board member or a delegate; representatives of a local health
integration network or an entity that provides services to improve physical
or mental health; and representatives of entities that provide education,
community, or social services in the municipality and to children or youth,
and custodial services to children or youth. There are also requirements for
consultation with youth, members of racialized communities, and Indigenous
communities as well as the community organizations that work with such
communities.
The community safety and well-being plan adopted by the
municipality must identify risk factors including “systemic discrimination and
other social factors that contribute to crime, victimization, addiction, drug
overdose and suicide.” It must also identify which risk factors should be
treated as priorities, together with reduction strategies, and provide new
services, change existing services, improve their integration, or
coordinate them differently. The plan must “set out measurable outcomes that
the strategies are intended to produce.” The municipality must also monitor,
evaluate, and report on the effectiveness of the plan.
This promising 21st-century approach to community safety has a direct
impact on the role of policing. If, however, it is simply layered on top of the
Service’s outdated approach to consultative committees and liaison officers
(discussed below), there is a danger of making things much worse owing to
duplicate and triplicate consultation, competing visions, and consultation
fatigue.
As I discuss above, the Board has also created two consultative
committees or advisory panels, now permanent, focused on mental health and
anti-racism (see Chapter 14 for the origins of these committees). To their
credit, the committees have responded to some specific issues with
50
Police Services Act, Part XI; Community Safetyand Policing Act, 2019, Part XVI.
considerable success. However, I also heard from a senior officer that the
Service sees the Board’s consultative process as being totally separate from its
own. Again, although consultation between the communities and the city, the
Board, and the Service is critically important, particularly consultation with
disadvantaged communities and those who work with them, a more integrated
approach is essential.
One goal of this broader approach to community safety and well-being
is to break down bureaucratic silos, not to create them. It is essential that the
Service and the Board not operate in separate silos with respect to Board
policies and critical Service procedures; otherwise, the Service’s reputation
with marginalized and vulnerable groups will be further damaged. Fortunately,
there are some precedents, including those in connection with The Way
Forward report, for the Service and the Board to take joint responsibility for
certain committees.51 Together, the Service and the Board may also be better
positioned to work with the city to promote meaningful community
consultations that are not unnecessarily duplicative.
To end this commentary where it started, my recommendations are not
a blueprint for what the consultative process should be. Rather, they identify
the principles and the impediments that should guide much needed reform.
RECOMMENDATION
135 In the light of the issues this Report identifies, the Toronto Police
Services Board and the Toronto Police Service should re-evaluate and
rationalize, in partnership with the diverse communities they serve,
the ways in which community consultation takes place, especially in
relation to marginalized and vulnerable communities. In particular,
they should take into consideration these points:
51
Toronto Police Service, Transformational Task Force Report, Action Plan: The Way Forward –
Modernizing Community Safety in Toronto. January 2017.
information on common issues; and/or a process that ensures
that intersectionality forms part of the selection criteria for
each committee. The process might also involve greater
inclusiveness to ensure that marginalized and vulnerable
groups, such as the homeless and sex workers, are heard.
(b) The need to avoid unnecessarily duplicative consultations that
result in consultation fatigue, unwise use of limited human and
financial resources, and diluted or unclear messaging from
communities.
(c) The need to ensure that the Board is able to provide
appropriate civilian oversight of the Service, in part through
reducing or eliminating the divide between community
consultations with the Board and the Service. The Board must
always be aware of “critical points” that may affect its policies
and the Service’s reputation.
(d) The need to rationalize how communities that are spread
throughout the city and those that are located in particular
geographic sectors are consulted in relation to both city-wide
and local divisional issues, while avoiding unnecessarily
duplicative consultations.
(e) The need to ensure that the consultative processes of the
Service and the Board complement the development of the
city’s community safety and well-being plan and related
consultations.
(f) The need to build community confidence in the consultative
process through measures such as
(i) transparency in how committee members are selected –
for example, through an advertised search;
(ii) outreach to those not regarded as “pro-police”;
(iii) facilitating participation by those most marginalized and
vulnerable through the provision of remuneration and/or
accommodation;
(iv) holding meetings in community spaces;
(v) holding meetings, in some instances, in public;
(vi) the ability and independence of committees to report
publicly and to offer recommendations or commentary;
and
(vii) the ability of senior officers to participate in community
consultative committees as members or invitees, but not
as co-chairs.52
(g) The need to promote an effective consultation process through
measures, in addition to those set out above, such as
(i) fixed, renewable terms for committee members;
(ii) appropriate administrative and research support;
(iii) regular setting of goals, with measurable outcomes;
(iv) a credible evaluation process; and
(v) a web and social media presence.
The Board and the Service might also consider, in this regard, features
of the model for community policing committees proposed by the
Commission on Systemic Racism in the Justice System.
52
It has also been suggested that lia ison officers remain well situated to serve as co-chairs.
In Recommendation 75, I propose that a communication strategy be
developed, in partnership with community organizations, in relation to missing
person investigations. It should be part of a larger strategy to build community
relationships, particularly with marginalized and vulnerable communities,
through more effective communication strategies. This objective will not be a
revelation to either the Board or the Service. Effective communication
with diverse communities has been referred to in a number of documents.
However, the reality remains that the Service has not effectively conversed
with diverse communities about what it is doing or attempting to do to build
relationships. One example is its website, which is not user friendly or
accessible and compares unfavourably to the websites of smaller-budget
services such as the Edmonton Police Service. I am reminded of the
criticism directed to the Toronto Police Service’s website in 1999 by Auditor
Jeffrey Griffiths that it was being used as a public relations tool instead of a
resource to provide women with information to assist them. Not to be unkind,
but that criticism continues to have some validity today.
RECOMMENDATION
136 The Toronto Police Services Board and the Toronto Police Service
should develop a strategy specifically directed to communicating
effectively with the public, particularly diverse communities, about
what they are doing. This strategy should include the following:
(a) The initiatives the Board and the Service are making to build
relationships, and independent evaluations of these initiatives
should be well publicized in a variety of ways.
(b) Greater use should be made of town halls, which the Board has
recently organized effectively, as well as interactive small-group
discussions in community spaces.
(c) The Service’s website should be completely redesigned (over
and above the missing person webpage) to be truly user-
friendly, having the users’ needs foremost in mind, and to
overcome barriers such as language and accessibility.
(d) Full-time and part-time liaison officers should have a greater
social media presence.
Liaison Officers
In Recommendation 83, I address the Service’s systemic failure to use its own
internal resources, such as liaison officers, to advance investigations into
missing person and unidentified remains among marginalized and vulnerable
communities. Similarly, the LGBTQ2S+ liaison officer was not consulted
before the Service embarked on Project Marie in 2016. This incident, too,
represented a failure that had an adverse impact on the Service’s relationship
with the LGBTQ2S+ communities. Earlier in this chapter, I also contemplated
an increased role for liaison officers in promoting equity within the workplace.
Here, I address the liaison officer program generally, in the sense of how it
can better assist the Service in building relationships – its primary role, apart
from involvement in specific investigations or internal equity.
The current program faces many challenges. First, it is difficult to
see how the present complement of liaison officers, such as the single
officer dedicated to the LGBTQ2S+ communities, can possibly fulfill their
roles. For example, the LGBTQ2S+ communities are so diverse that one
officer cannot have a meaningful connection with all the community members
– especially within the transgender community. Many members of that
community are so marginalized and vulnerable, subject to overpolicing,
misgendering, underprotection, and disproportionate violence and
discrimination even from others within the LGBTQ2S+ communities, that
they require particular attention. Second, the liaison program must, as I stated
in connection with consultative committees, be especially attentive to the
complexity of intersectionality. This need suggests a more inclusive or “fluid”
approach to how the responsibilities of liaison officers are defined. Third,
some people see the liaison program as closely tied to corporate management
and the Service’s official positions, and, depending on the particular
officer, insufficiently connected to life “on the street.” Even some officers
expressed that view.
On the other hand, I also heard about valuable connections that liaison
officers have established with community members, and how these officers are
accessible in ways that others are not. I believe that the liaison officer
program, if certain important changes are made, can play a critical role in
building relationships with disadvantaged communities. This observation
reminds me of the memorable day I spent with Dave Dickson, a retired
Vancouver police officer. We walked through the Downtown Eastside, an
area where many of Vancouver’s marginalized and vulnerable people, live
and congregate. “Officer Dave” has chosen to dedicate the remainder or his
career to engaging with and supporting the members of that community.
Notably, he was one of the first within the Vancouver police to raise alarm
bells about a serial killer
preying on disadvantaged individuals many regarded as “nobodies.” As I
watched him interact with people on the street, I was struck by how impactful
someone like Officer Dave can be, how he represented my vision of an ideal
liaison officer.
As I discuss in Chapter 14, I am also impressed with the wealth of
resources the OPP devotes to liaison activities. Although the OPP is a bigger
service with much larger geographical boundaries, it has 25 full-time liaison
officers and 74 officers who serve in a part-time liaison role within the OPP’s
Indigenous Policing Bureau. By way of contrast, the Service has 10 liaison
officers. Its neighborhood community officers, however, devote significant
time to building relationships with diverse communities.
Ultimately, the goal of any police service, regardless of the number of
officers who formally fill liaison positions, is to make every officer and
civilian employee feel responsible for and play a meaningful role in
building relationships. The LGBTQ liaison officer in San Francisco told
Arnold Bruner during his research for his 1981 report summarized in
Chapter 11 that the ultimate goal should be that every officer is also a
“community relations officer.” If so, he said, “I won’t be needed.” 53 I agree
with this goal, even though these words were spoken 40 years ago.
RECOMMENDATION
137 The Toronto Police Services Board and the Toronto Police Service
should support and significantly enhance the liaison officer program in
the following ways:
53
Arnold Bruner, Out of the Closet: Study of Relations Between the Homosexual Community and the Police
(1981), 151.
(d) providing enhanced training, education, and professional
development for full-time and part-time liaison officers and
civilian members of the Service, to ensure that they can address
issues of intersectionality through familiarity with a range of
intersecting, marginalized and vulnerable communities;
(e) developing additional strategies to enable liaison officers and
civilian members of the Service to potentially serve multiple
marginalized and vulnerable communities, including team
approaches to intersecting communities;
(f) regularly reallocating liaison resources to address evidence-
based needs – for example, assigning several liaison officers
and/or civilian members of the Service to address the needs of
a particular community or communities otherwise
underserviced by the program, such as the homeless or the
underhoused;
(g) expanding the Aboriginal Peacekeeping Unit and/or the current
complement of a single liaison officer dedicated to the
Indigenous communities. The current complement is
inconsistent with existing Board policy and the priorities
identified in the Community Safety and Policing Act, 2019 (SO
2019, c 1, Schedule 1, not yet proclaimed); 54
(h) providing analytic support for the liaison program to enable it
to allocate resources appropriately;
(i) explicitly recognizing in the mandate and job descriptions
relating to the liaison program, the responsibilities articulated
in this Report over and above the current duties of liaison
officers, including;
(i) the responsibilities set out in Recommendation 56;
(ii) participation in equity-related issues within the Service,
such as responding to internal discrimination or
harassment that may affect the Service’s ability to build
better relationships;
54
Toronto Police Services Board, Aboriginal Policing – Statement of Commitment and Guiding Principles
[no date], at https://www.tpsb.ca/policies-by-laws/board-policies/send/5-board-policies/121-aborigina l-
policing-sta tement-of-commitment-and-guiding-principles.
(iii) assisting, where appropriate, in remedial or restorative
measures associated with informal discipline;
(iv) assisting in designing and participating in the training and
education of Service members and part-time liaison
officers or civilian liaison members of the Service relating
to the lived experiences of intersecting marginalized and
vulnerable communities; and
(v) in partnership with communities, assisting the Service in
designing and offering training, education, and
professional development relating to marginalized and
vulnerable communities; in building relationships with
such communities; and in identifying for investigators
resources inside and outside the Service to advance
investigations relating to these communities; this training,
education, and professional development, some of which
the current liaison officers are involved in, would also be
provided to part-time liaison officers and civilian liaison
officers.
RECOMMENDATIONS
138 The Toronto Police Service should create part-time liaison positions in
each division composed of officers and/or civilian members of the
Service who receive special training and education in relation to their
duties. Their responsibilities should be similar to those of full-time
liaison members of the Service, with appropriate modifications to
reflect their part-time status. They should also work with full-time
liaison officers or civilian members of the Service on issues that arise
at the divisional level.
139 The Toronto Police Service should enable liaison officers, civilian
liaison members, and neighbourhood community officers to spend
modest amounts to promote relationship building with marginalized
and vulnerable communities. The Service should reimburse expenses
that have been approved.
140 The Toronto Police Service should arrange for an independent
evaluation of the liaison program within a reasonable time frame
after modifications of the program have been introduced. The
independent evaluation should assist the program in identifying
underserviced marginalized and vulnerable communities and
reallocate resources, commensurately. Such an evaluation should be
made public.
RECOMMENDATION
141 The Toronto Police Services Board and the Toronto Police Service
should continue to support and expand the Neighbourhood
Community Officer Program as an effective means of promoting
community safety while also building relationships with marginalized
and vulnerable communities.
I provide two cautionary notes. First, the Service cannot assume that programs
that have been successful in the past and the subject of positive
evaluations will continue to be successful. As circumstances change,
programs may lose community support or require renewal or modification.
The Service should regularly evaluate whether such programs continue to
enjoy public support and whether the analytics continue to show they are
successful. Second, both the liaison program and the neighbourhood
community program must remain sensitive to the concerns about
overpolicing expressed by marginalized and vulnerable community
members. In other words, community members may not welcome an
increased police presence in their communities unless it is accompanied by
clear understandings as to the roles being played by liaison officers and
neighbourhood community officers.
RECOMMENDATION
142 The LGBTQ2S+ and other internal support networks should be
recognized as important assets in community engagement and in the
Service itself.55 Network members, either individually or collectively,
should participate in community outreach and other activities that
serve their communities. Allowing the support networks to play an
external role may help inform the public, the Toronto Police Services
Board, and the Toronto Police Service of the problems confronted by
minority groups within the Service and also advise them of reforms
these officers propose based on their lived experiences. This approach
will also contribute to a positive change in culture within the Service
and signal greater support for the Service’s own vulnerable members.
55
In Chapter 14, I suggest that lia ison officers and internal support network members may also play a
remedial role within the Service when informal discipline is appropriate to deal with discrimination-related
conduct.
RECOMMENDATIONS
143 The Toronto Police Services Board and the Toronto Police Service, in
consultation with Toronto’s Indigenous communities and agencies
providing services to them, should develop a formal response to the
call to action from the National Inquiry into Missing and Murdered
Indigenous Women and Girls.
I conclude that much can be learned from the way the Winnipeg police
have worked with Indigenous communities. Although, as I discuss in Chapter
14, each Indigenous community is unique in its experience with
colonialism, together they share much with other marginalized and vulnerable
communities in being overpoliced and underprotected. Those who have lived
this experience have expert knowledge that should be respected and, to the
extent possible, integrated into policing and broader community safety
strategies.
During the missing person investigations that are the subject of this
Review, the Alliance for South Asian Aids Prevention developed several
initiatives to assist vulnerable members of the South Asian LGBTQ2S+
communities. One such initiative was SAFE, a check-in program that
gives people a secure platform to share personal information before they
engage with a stranger to report someone’s disappearance. 56 Community safety
work done by the community should, where appropriate and feasible, be
funded out of the Service’s budget. Similarly, part of the Service’s budget
could also be spent on relevant research conducted in collaboration with
community agencies. As Becky MacFarlane, from The 519 stated during our
consultations, “Like we have to do the work of the police, we should be
resourced by the police to do it ... and other organizations similarly.”
144 The Toronto Police Services Board and the Toronto Police Service, in
order to improve relationships with marginalized and vulnerable
communities and the groups that represent them, should recognize
that such groups have expert knowledge, networks, and skills that the
Board and the Service cannot replicate easily or cost effectively. They
should consider partnerships with community agencies that can help
fund promising community safety initiatives such as the Bear Clan and
56
Sam Edwards, “South Asian LGBTQ group starts safe date program after Village murders,” March 29,
2018, at https://nowtoronto.com/news/LGBTQ-safe-date-program/.
SAFE. They should also encourage research into the effectiveness of
such community programs, with attention to having clearly
articulated goals, gathering baseline statistics, and measuring the
success of these programs in both quantitative and qualitative terms,
as well as to identifying any improvements that can be made in them.
As I discuss in Chapter 14, the parade has become symbolic of Pride Toronto.
From 2000 to 2015, uniformed members of the Service marched in the parade,
thereby demonstrating improved relationships between the Service and the
LGBTQ2S+ communities. However, events in 2016 led to controversy about
the Service’s involvement in the parade, and leaders of Pride Toronto put the
matter to a series of votes. Since 2016, the police have not been allowed in the
parade, though the 2019 vote was close, separated by only two votes in favour
of the No side.
Although the Pride parade is not expressly part of my mandate, I feel it
is important for me to recognize the unique position it holds in the relationship
between the Toronto police and the LGBTQ2S+ communities. For five years
the turmoil over whether members of the Service should be allowed to march
in the parade has been an irritant, like salt on a wounded relationship. During
my outreach in this Review, I heard from many in the LGBTQ2S+
communities that until that irritant is removed, there will never be true
reconciliation between the Service and the communities. I have also heard that
the Service and many community members want the officers back in the
parade. I am aware that the city wants members of the Service back in the
parade. There are diverse views on how to resolve this impasse. There is no
magic solution. It will take time.
The harm the police have inflicted on the LGBTQ2S+ communities is
at the root of the impasse – and, to them, the uniform symbolizes this damage.
Many community members take the position that the police have to earn their
way back into the parade. In response, the police must be patient yet
committed. They must wait for a propitious moment with humility, mindful
that they don’t control the decision. During the “time out,” the Service must
publicly invest in building better, stronger relationships with the LGBTQ2S+
communities.
I hope that by acknowledging its mistakes of the past, including those
made in the investigations that are the subject of this Review, and by
implementing the Review’s recommendations, the Service can make a
persuasive case that it has earned its way back into the Pride parade. I do not
intend to dictate to the LGBTQ2S+ communities how to respond. The
recommendation that follows provides an option for these communities
that ties participation in the parade to measurable implementation of
relevant change.
RECOMMENDATION
145(a) The Toronto Police Service should consider partnering with the
LGBTQ2S+ communities to establish a committee to assess, on an
annual basis, whether members of the Service have earned their way
back into the Pride parade. Among other things, the assessment
should be based on the extent to which the Service has implemented
this Report’s recommendations. Depending on the assessment, the
Service may have to defer discussions on whether and under what
conditions its members might be welcome to march in the parade or,
based on demonstrable outcomes in establishing a positive
relationship with the LGBTQ2S+ communities, engage in such
discussions.
145(b) The committee could include leaders in the LGBTQ2S+
communities and current and past members of the Service who are
also members of the LGBTQ2S+ communities.
Implementation
RECOMMENDATIONS
146(a) On or before June 30, 2021, an implementation team comprised
of a diverse team of community representatives and Service members
should be assembled. This team should be responsible for developing
an implementation plan, to be modified as circumstances warrant,
and for monitoring and reporting on progress in implementation.
146(b) The implementation team should be co-led by a community
representative and a past or present member of the Service’s senior
command.
146(c) The implementation team’s community members should be
representative of the diversity of Toronto’s communities, with
appropriate attention given to the LGBTQ2S+ and marginalized and
vulnerable communities addressed in this Report.
146(d) The implementation team may create subgroups with subject
matter expertise and/or relevant lived experiences, although the
team should always remain mindful of the significance of
intersectionality in defining expertise and relevant lived experiences.
146(e) The community members should ideally include some individuals
who have already acquired knowledge of the issues this Report
identifies, either as members of the advisory group that
recommended this Review and drafted its Terms of Reference or as
members of the Review’s Community Advisory Group.
146(f) The policing members should ideally include members of the
Service’s Missing Persons Unit Procedures Working Group.
146(g) Community members should be remunerated for their
participation as members of the implementation team.
147(a) On or before September 30, 2021, the implementation team
should complete its implementation plan and post it on the Toronto
Police Service’s website or some other suitable venue. The plan
should specify goals, timelines, and measurable outcomes.
147(b) The implementation team should issue progress reports at least
once a quarter that should be posted on the Toronto Police Service’s
website or some other suitable venue. The first progress report
should be issued no later than December 31, 2021. The team might
also consider the use of an online tracking tool for implementation, as
has been used by the City of Toronto.
148 On or before April 30, 2022, the Toronto Police Services Board and the
Toronto Police Service should publicly release a detailed report on the
extent to which each recommendation has been implemented. If the
Board and/or the Service decides that a particular recommendation
should not be implemented, or be delayed or modified, the report
should set out why this decision has been made and how the
underlying objectives of the recommendation are being met in
another way.
57
RSO 1990, c H 19.
government had not complied with the settlement.58 The Ontario Human
Rights Commission subsequently applied to the Human Rights Tribunal
for additional remedies, including a prohibition on segregation for anyone with
a mental health disability, along with strict limits on the use of segregation. 59
As set out in Chapter 14, the Service has also entered into settlement
agreements with the Ontario Human Rights Commission.
The United States has greater familiarity with settlement agreements, or
“consent decrees” as they are characterized there. In my numerous discussions
with the Seattle Police Department (SPD), I learned about a consent decree
that helped move that department in a promising direction. The SPD was
initially apprehensive about the consent decree signed between the City of
Seattle and the Federal Department of Justice – an anxiety fueled, in part, by
the loss of control through the creation of an independent process. However, I
learned that the consent decree forced the SPD to invest in a more data-driven
and evidence-based form of policing and in better mechanisms for community
relations. The consent decree allowed flexibility in implementation while
achieving measurable outcomes.60
The United States Department of Justice acknowledged “the good faith
of the City of Seattle in trying to address the remedial measures that are
needed to ensure constitutional policing in Seattle.” It committed to using
informal means of dispute resolution, but also “reserve[d] its right to seek
enforcement of the provisions of the Settlement Agreement if it determines
that the City and SPD have failed to fully comply with any provision of this
Agreement.”61
The City of Seattle publicly expressed the view that the SPD became a
national model for other police departments across the country and that the
settlement agreement became the foundation for the development of best
practices and a new police culture. The city’s praise was supported by
independent evaluations that showed, for example, high compliance with use
of force policies (a key issue that prompted the consent decree) and no
statistically significant racial disparities among those on whom police
force was used. The improvements were also confirmed through public
opinion and equity surveys of the type I have recommended in this Report,
with much of the improvement among Black and Latino respondents. As I
further explain in
58
Justice David P. Cole, Final Reportof the Independent Reviewer, February 15, 2020, at
https://www.mcscs.jus.gov.on.ca/english/Corrections/JahnSettlement/FinalReportIndependentReviewer.html
59
http://www.ohrc.on.ca/en/segregation-and-mental-health-ontario’s-prisons-jahn-v-ministry-community-
sa fety-and-correctional.
60
https://www.seattle.gov/Documents/Departments/Police/Complia nce/Consent_Decree.pdf.
61
Ibid, para 224.
Chapter 14, the Seattle consent decree also addressed the need for meaningful
community consultation of multiple and intersecting disadvantaged
communities. My recommendations on community consultative
committees have been informed by Seattle’s approach.
I chose to learn about the Seattle experience largely because its police
service, and its chief at the time, Chief Carmen Best, were regarded in the
United States as truly innovative, particularly in relation to building positive
relationships with diverse communities. In addition to freeing up the time of
many of the SPD’s senior officers to meet with me, Chief Best assisted the
Review by participating in our roundtable. Although in recent months Seattle
and its police department have had formidable challenges, as I outline in this
Report, I continue to believe we can learn much from the SPD’s approach.
In relation to consent decrees and settlement agreements, I have elaborated
on them because, in the past, reform efforts that did not involve legally
enforceable remedies – whether involving the Service or other institutions
– have, at times, been unsuccessful. The resort to litigation to enforce
implementation would represent an unfortunate development. Nonetheless,
legal remedies remain available if absolutely necessary.
149 When Part VII of the Community Safety and Policing Act, 2019 is
proclaimed, the Toronto Police Services Board and the Toronto Police
Service should support the role to be played by the Office of the
Inspector General of Policing in independently monitoring the
implementation of this Report’s recommendations.
150 The Toronto Police Services Board, the Toronto Police Service, and the
implementation team should consult regularly with the Ontario
Human Rights Commission in relation to the implementation of this
Report’s recommendations, insofar as they relate to the Commission’s
mandate.
151 As a last resort, the civilian members of the implementation team
should be made aware of the option to file a complaint under the
Human Rights Code or under the Community Safety and Policing Act,
2019, when proclaimed, to the Office of the Inspector General if they
believe that either the Toronto Police Services Board or the Toronto
Police Service are not prepared to make needed changes to address
the systemic issues this Report identifies.
In my discussions, the importance of leadership in making systemic change
was emphasized by many people, police officers and community members
alike. The Board is currently engaged in a search for a new chief of police, and
it has indicated that the process will involve substantial community
engagement. I am hopeful that one criterion for selection will be a candidate’s
commitment to and alignment with the key recommendations contained in this
Report. If so, this consideration will represent another component to
success in the implementation of my recommendations.
The Review received the full co-operation of the Board and the Service in
facilitating the collection of relevant documents and interviews of relevant
witnesses. However, despite that full co-operation, I was struck by the
difficulty, at times, that the Service had in assembling relevant documents in a
comprehensive way. This was not a failing of the officers who served
diligently as liaisons to our Review – quite the contrary – but was concerning
nonetheless. It sometimes potentially worked to the Service’s disadvantage.
For example, the Review worked hard to construct a comprehensive list of the
Service’s initiatives relating to relationship building. There was no such
comprehensive list. Similarly, the Review worked hard to reconstruct relevant
chronologies. Our work was often frustrated by less-than-complete records,
documents lost in transition, notes not kept. Parts of this Report were
rewritten, sometimes more than once, as questions by my lead counsel and
team uncovered new procedures or even existing policies, not previously
provided to the Review. I am convinced that there was no effort to
suppress these documents – indeed, the documents in issue showed
improvements that inured to the Service’s benefit. But my frustration over
securing documents from the Service does speak to the need for the Service to
re-evaluate how it stores and maintains its procedures, practices, and
initiatives, as they are developed. It should not be so difficult to secure relevant
documents for an independent review or for any other valid purpose.
Resources
Any systemic review that makes significant recommendations for change must
be mindful of cost implications. Many of my recommendations are cost neutral
or involve modest implementation costs, including those to upgrade or
enhance existing policies and procedures to ensure compliance with
provincial
adequacy standards and promote best or improved practices. That being said,
some of the recommendations, particularly those that call for a new model for
how missing person investigations are conducted, require significant
investment in the Missing Persons Unit as well as in divisional investigations
through increased assignments and hires, including civilian missing person
coordinators. The steps needed to build community partnerships and a
transformative approach to training, education, and professional development
are also substantial and involve additional time and resource allocation.
I am well aware that these recommendations come at a time when there
are pressures on the city and the Board to reduce the Service’s budget. There
is pressure to reallocate those monies to communities to address a range of
issues. I am also aware that the pandemic has placed additional financial
pressures on all levels of government to address the extraordinary reduction in
revenues and the heightened expenditures the city has incurred during this
period.
It is not within my mandate to address these larger budgetary
matters, but I sound this cautionary note. In relation to the issues I
examine in this Report, the status quo is simply not acceptable.
Fully realizing the potential of the Missing Persons Unit must come
with an appropriate investment. Recognizing the need to meaningfully partner
with vulnerable and marginalized communities to build a respectful
relationship with them must also come with an appropriate investment.
Similarly, being a true leader in training, education, and professional
development comes with a price tag.
Indiscriminate budget cuts can imperil one of the underlying
reasons being advanced in favour of ultimately reducing police budgets –
building community capacity to address a range of issues. My
recommendations are illustrative. The most significant costs relate to those
recommendations designed to enable social service, public health, and
community agencies to assume greater responsibility for missing person
cases and to reduce dependence on the Service to perform tasks better
assumed by others – precisely what many community members and police
officers would like to see. In the long term, many of my
recommendations, if implemented, will reallocate resources from the Service
to communities. Others will position the Service to perform its
responsibilities in a more effective, timely, and discrimination-free way.
The public is entitled to no less.
Equally important, we must consider the financial and social costs that
would come from a failure to address the issues identified in this Report. It is
abundantly clear that the failure to act comes at a far more substantial cost – to
lives, to the ability of the Service’s members to serve and protect, to the safety
and well-being of Toronto’s marginalized and vulnerable communities, and to
the public at large. The failure to act also comes at a substantial financial cost,
not easily measured, but nonetheless real financial cost – costs incurred when
investigations go awry, crimes remain undetected, and frayed relationships
must be repaired.
When Detective Constable Manherz said that the Service had to change
the way it conducted missing person investigations or risk, among other
things, an inquiry, he was right. The goal must be to make any future public
inquiry or systemic review unnecessary. That is how we can best honour the
lives lost.
Chapter 16 Conclusion 871
Chapter 16
CONCLUSION
This Report is titled Missing and Missed. It remembers those who went
missing and who are missed. It also identifies missed opportunities. Against
the background of the circumstances that prompted this Review, the Toronto
Police Services Board and the Toronto Police Service now have two valuable
opportunities. The first is to fundamentally improve how missing person cases
are responded to. The second is to invest in strategies designed to improve
their relationships with Toronto’s marginalized and vulnerable communities.
However, the pursuit of these opportunities is not the responsibility of
the Board and the Service, alone. To the contrary. I propose a new approach to
missing person cases that builds capacity for social service, public health,
community agencies, and not-for-profit organizations to play a central role –
sometimes in partnership with the police – to address missing persons in a
holistic way. An approach that addresses the underlying issues that sometimes
explain why someone goes missing. A way that ensures that when the police
are needed, they conduct effective, timely, and discrimination-free missing
person investigations. Finally, a way that will contribute to the building and
strengthening of relationships between the Toronto police and the
communities they serve, particularly the marginalized and vulnerable.
These two valuable opportunities are intertwined. They require the
police to work together with the communities they serve. This is particularly
true for LGBTQ2S+, Indigenous and racialized communities; the
homeless and underhoused; and those who struggle with mental illness and
addictions. Indeed, it is true for a wide range of intersecting, marginalized and
vulnerable communities described in this Report. But a successful working
relationship with communities cannot be realized unless the Service
recognizes and
thoughtfully addresses the frayed relationships it has with many marginalized
and vulnerable community members.
The Board and the Service should be commended for initiatives
they have taken to improve missing person investigations and to improve
these relationships. But my recommendations suggest that what is
undeniably needed is truly transformational change.
Such change is long overdue. Given the history of these frayed
relationships as discussed in this Report, the impact of the tragic events that
prompted this Review, and the momentum of the current discussions about re-
imagining policing, there is but one conclusion. There is no better time than
now. It is how we honour the lives of those who have been lost:
Skandaraj Navaratnam
Abdulbasir Faizi
Majeed Kayhan
Soroush Mahmudi
Kirushna Kumar Kanagaratnam
Dean Lisowick
Selim Esen
Andrew Kinsman
Alloura Wells
Tess Richey
Arthur Louttit
Dovi Henry
Kenneth Peddle
… and so many others.
Appendices
APPENDIX A
1 Toronto Police Services Board
2
3 Terms of Reference for the Independent Civilian Review into
4 Missing Person Investigations
5
6 WHEREAS the Toronto Police Services Board (“the Board”) is responsible, pursuant
7 to subsection 31(1) of the Police Services Act, R.S.O. 1990, c. P.15 (“the Act”), for the
8 provision of adequate and effective police services in the City of Toronto;
9
10 AND WHEREAS the Board must, pursuant to subsection 31(1) of the Act, generally
11 determine after consultation with the Chief of the Toronto Police Service (“the
12 Chief”) objectives and priorities with respect to police services for the City of
13 Toronto, establish policies for the management of the Toronto Police Service (“the
14 Service”) and direct the Chief and monitor his performance;
15
16 AND WHEREAS the Board may, pursuant to subsection 31(6) of the Act, by by-law,
17 make rules for the effective management of the Toronto Police Service;
18
19 AND WHEREAS the Board may express its opinion or make recommendations to the
20 Chief of Police on any aspect of policing in the municipality, while not directing the
21 Chief of Police with respect to specific, operational matters or with respect to the
22 day-to-day operation of the Toronto Police Service;
23
24 AND WHEREAS the Report of the Independent Civilian Review Into Matters Relating
25 to the G20 Summit provides relevant guidance on interpreting the statutory
26 mandate of the Board;
27
28 AND WHEREAS a number of people, and in particular members of the LGBTQ2S+
29 communities in the City of Toronto, have gone or been reported missing and have
30 later been identified as victims of serious violence;
31
32 AND WHEREAS Project Houston, the Toronto Police Service’s 18-month
33 investigation into the disappearance of three missing men who have now been
34 identified as victims of serious violence, was closed in April 2014 having found no
35 evidence of criminal conduct;
36
37 AND WHEREAS Bruce McArthur has now entered guilty pleas and been sentenced
38 for eight counts of first degree murder, allowing for the Reviewer to fully examine
39 the circumstances surrounding the investigations into the disappearance of his
40 victims, including but not limited to how and when he was identified as a person of
41 interest or suspect and any deficiencies in such investigations;
42
43 AND WHEREAS members and groups within the LGBTQ2S+ communities in the City
44 of Toronto have expressed concern over the manner in which the Toronto Police
45 Services handle and have handled missing person investigations, and specifically,
875
2
876
1
2 AND to conduct the Review, the Reviewer will be provided with such resources as
3 are required, and be authorized by the Board to engage lawyers, experts, advisors,
4 researchers and other staff as the Reviewer deems appropriate, at reasonable
5 remuneration, as approved by the Board;
6
7 AND the Chief will cooperate fully with the Reviewer in conducting the Review and
8 will instruct members employed by the Service to cooperate fully with the Reviewer
9 conducting the Review as deemed necessary;
10
11 AND the Chair and members of the Board will cooperate fully with the Reviewer in
12 conducting the Review and will instruct all members employed by the Board to
13 cooperate fully with the Reviewer in conducting the Review;
14
15 AND the Reviewer may request any person, organization, the Chief, members of the
16 Board, and any member employed by the Board or the Service to provide relevant
17 information or records for the Review where the Reviewer believes that person or
18 organization has such information or record in his, her, their, its possession, custody
19 or control;
20
21 AND the Reviewer may hold such meetings, interviews and consultations, and may
22 make such procedural decisions with respect thereto, as the Reviewer deems
23 advisable in her discretion in the course of the Review;
24
25 AND the Reviewer, prior to commencing and throughout the Review, will consult
26 with the Ministry of the Attorney General for Ontario, specifically Andrew Locke,
27 Regional Director of Toronto Region or his designate (hereinafter “MAG”), and
28 others in the Reviewer’s discretion in relation to the ongoing criminal proceedings
29 involving Kalen Schlatter in order to ensure that such criminal proceedings are not
30 prejudiced by this Review;
31
32 AND the Reviewer will consult with members, groups and organizations within the
33 LGBTQ2S+ community, including those who have filed missing person reports in the
34 past, and will engage an advisor to assist with the design and implementation of the
35 community consultations;
36
37 AND the Reviewer will ensure that adequate accommodations and supports are
38 available to maximize community participation in the consultation process,
39 including receiving submissions from various stakeholders, community groups and
40 organizations;
41
42 AND the Reviewer will establish an advisory group representing affected
43 communities, such as the LGBTQ2S+ communities, the South Asian and Middle
44 Eastern communities, the sex trade and the homeless communities in the City of
45 Toronto, to ensure the community perspective is adequately considered prior to
46 commencing and throughout the Review; advisory groups representing other
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1 stakeholders may be created formally or informally in the discretion of the
2 Reviewer;
3
4 AND the Reviewer will establish and maintain a website and may use other
5 technology to promote accessibility and transparency to the
public; 6
7 AND the Reviewer will provide updates to the public, through the website or other
8 means, on the status of the review, the contents of which cannot prejudice any
9 ongoing criminal investigation or the criminal proceedings involving Kalen
10 Schlatter,
11
12 AND the Reviewer will conduct the Review without prejudicing any ongoing
13 criminal investigation or criminal proceedings, including but not limited to the
14 criminal prosecution of Kalen Schlatter, and will make a report to the Board without
15 expressing any conclusion or making any recommendation regarding the civil or
16 criminal responsibility of any person or organization;
17
18
19 AND the Reviewer may produce an interim report at the Reviewer’s discretion and
20 will produce a final report containing the Reviewer’s findings, conclusions and
21 recommendations and deliver it to the Chair and members of the Board for
22 distribution to the public at or before January 31, 2021;
23
24 AND the report will be prepared in a form appropriate for release to the public,
25 pursuant to the Municipal Freedom of Information and Protection of Privacy
Act; 26
27 AND these Terms of Reference should be interpreted in a manner consistent with
28 the jurisdiction of the Board to ensure a broad and comprehensive Review;
29
30 AND in the event that the Reviewer is unable to carry out any individual term of
31 these Terms of Reference, the remainder of the Terms of Reference will continue to
32 operate, it being the intention of the Board that the provisions of these Terms of
33 Reference operate independently;
34
35 AND the subject matter of the Review will be:
36
37 1. A review of Board by-laws, policies and practices, as well as The Way
38 Forward and any related reports that may have been considered by the
39 Board, dealing with or relevant to missing person investigations and
40 community relations to determine whether they are adequate to ensure
41 effective, efficient and bias-free responses to missing person reports.
42
43 2. Without prejudicing any ongoing criminal investigation or the criminal
44 proceedings involving Kalen Schlatter, a review of Service procedures,
45 practices, protocols, and actions in relation to missing person
46 investigations, including but not limited to a review of Project Houston,
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1 Project Prism, any other opportunities to identify Bruce McArthur as a
2 person of interest or suspect and the missing person investigations of
3 Skandaraj Navaratnam, Abdulbasir Faizi, Majeed Kayhan, Salim Esen,
4 Soroush Mahmoudi, Andrew Kinsman, Alloura Wells and Tess Richey, with
5 a specific focus on
6
7 a. When a missing person event or report becomes a missing person
8 investigation;
9
10 b. Whether adequate resources are dedicated at the Divisional and/or
11 Service level to missing person investigations at inception and
12 throughout the course of the investigation;
13
14 c. Whether culturally competent expertise is available to or relied upon
15 by the Service for missing person investigations, including but not
16 limited to expertise around gender identity, gender expression, race,
17 ethnic origin and intersectionality;
18
19 d. Whether the policies and practices adequately protect against implicit
20 or explicit bias or discrimination (at the individual and systemic level)
21 against members of the LGBTQ2S+ and other marginalized groups;
22
23 e. Whether the Service is conducting missing person investigations in a
24 unbiased, non-discriminatory manner, including consideration of the
25 exercise of discretion by members of the Service in relation to
26 decisions to record a person missing, or launch, resource and/or
27 terminate missing person investigations and the experience of those
28 who file missing persons reports with the
Service; 29
30 f. Whether there is adequate information sharing within the Service and
31 between police services to ensure that similarities and links between
32 missing person investigations can be identified quickly and
33 effectively;
34
35 g. Whether the Service has procedures, practices or protocols that limit
36 who will be considered and/or investigated as a missing person and
37 whether those policies are discriminatory or biased in their effect or
38 application;
39
40 h. Whether the Service has procedures, practices or protocols and
41 whether members of the public believe the Service has procedures,
42 practices or protocols that intentionally or unintentionally discourage
43 marginalized people, including but not limited to those without legal
44 status in Canada or who are homeless, from being reported missing –
45 including, without prejudicing any ongoing criminal investigation or
46 criminal prosecution, an examination of what prevented Dean
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1 Lisowick and Kirushna Kumar Kanagaratnam from being reported
2 missing;
3
4 i. How and when the Service decides to advise or caution the public, or
5 specific communities, about public safety concerns that arise from
6 missing person investigations, including but not limited to
7 information about suspected links or connections between missing
8 person cases;
9
10 j. How public messaging around missing person investigations is
11 developed and whether cultural competence expertise is available or
12 relied on by the Service in drafting public communications;
13
14 k. How information about missing person investigations and policies
15 surrounding missing person investigations are communicated
16 internally within the Services and whether those methods of
17 communication are effective; and
18
19 l. Whether effective policies, procedures, and practices are in place to
20 ensure adequate investigative consideration of serial killers,
21 especially based on missing person reports where there is no overt
22 evidence of foul play.
23
24 3. A review of Service procedures, practices and protocols for developing and
25 maintaining relationships with individuals and organizations within the
26 LGBTQ2S+ communities, especially as they impact on the effectiveness and
27 adequacy of missing persons investigations, including but not limited
to: 28
29 a. The roles, responsibilities and efficacy of the LGBTQ Liaison Officer;
30
31 b. The roles, responsibilities and efficacy of relevant Board and Service
32 Advisory Committees or Working Groups in terms of maintaining and
33 promoting communication between the Service and the LGBTQ2S+
34 communities;
35
36 c. The scope and efficacy of consultations and communications with
37 members and organizations within the LGBTQ2S+ communities about
38 missing person investigations;
39
40 d. The extent to which the Service engages or consults with individuals
41 and groups that reflect the diversity within the LGBTQ2S+
42 communities;
43
44 e. The extent to which the police call upon organizations within the
45 LGBTQ2S+ (or other relevant communities) to assist with missing
46 person investigations at any stage;
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1
2 f. The extent to which individuals and organizations within the
3 LGBTQ2s+ communities are advised of public safety concerns arising
4 from missing person reports and investigations, including but not
5 limited to information about possible links between
cases; 6
7 g. The views and perceptions of members of the LGBTQ2S+ and
8 marginalized communities more generally about the manner and
9 substance of public communications by the Service about missing
10 person investigations;
11
12 h. The experience of members of the LGBTQ2S+ and marginalized
13 communities more generally reporting concerns to the police,
14 including but not limited to the experience of individuals with non-
15 heteronormative sexual expressions (such as those who participate in
16 public cruising or BDSM), and whether there are actual or perceived
17 barriers in relation to their willingness or ability to share information
18 with the police; and
19
20 i. The accessibility, transparency and effectiveness of any complaint
21 process for identifying concerns on the part community members or
22 groups about missing person investigations.
23
24 4. A review of current training of Service members in relation to missing
25 person investigations, bias-free policing and community liaison to
26 determine whether it adequately addresses
27
28 a. Cultural competence to respond to missing person reports within the
29 LGBTQ2S+ communities;
30
31 b. Intersectionality and its impact on marginalization; and
32
33 c. Protecting against biased assumptions being made about individuals
34 reported missing based on their race, sexual orientation, immigration
35 status etc.
36
37 5. A review of the efficacy of current training in relation to missing person
38 investigations in ensuring that concepts taught are being operationalized by
39 the Service.
40
41 6. In the Reviewer’s discretion, a review of formal and informal complaints
42 made to the Service, the Board or the OIPRD related to missing person
43 investigations.
44
45 6. Consideration of prior reports dealing with missing person investigations in
46 Canada, relations between the LGBTQ2S+ community and the police, and the duty
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1 on the police to notify the public of potential safety threats (including but not
2 limited to Out of the Closet: Study of Relations Between the Homosexual Community
3 and the Police, 1981, Bernardo Investigation Review, 1996, The Review of the
4 Investigation of Sexual Assaults – A Decade Later, 2010 and the Report of the Missing
5 Women Commission of Inquiry in British Columbia in 2012) to determine if past
6 recommendations have been implemented and/or effective and if not, why past
7 recommendations have not been implemented by the Board and/or the Service.
8
9 7. Consideration, in the Reviewer’s discretion, of best practices in other jurisdictions
10 in relation to missing person investigations, bias-free policing and maintaining
11 positive working relationships with marginalized communities.
12
13 AND the Reviewer will make recommendations as the Reviewer deems fit for the
14 mandate of the review and terms of reference, including but not limited to
15 recommendations on:
16
17 1. Board policies and Service procedures and practices relating to receiving and
18 recording missing person reports, and conducting effective, efficient and
19 bias-free missing person investigations;
20
21 2. Board policies and Service procedures and practices related to the collection
22 of data about the effectiveness of missing person investigations, including the
23 satisfaction of those who filed or attempted to file missing person reports;
24
25 3. Board policies and Service procedures and practices to ensure adequate
26 training of Service members in relation to missing person investigations and
27 bias-free policing;
28
29 4. Board policies and Service procedures and practices to ensure that officers
30 conducting or supervising missing persons investigations are qualified and
31 well situated to ensure effective, efficient and bias-free investigations;
32
33 5. Board policies and Service procedures and practices that will ensure
34 appropriate accountability, including remedial and/or disciplinary measures,
35 if members of the Service engage in biased or discriminatory conduct when
36 receiving or investigating missing person reports;
37
38 6. Board policies and Service procedures to create a framework for ensuring
39 participation of members and organizations within the LGBTQ2S+
40 communities in the process of monitoring and implementing any
41 recommendations adopted by the Board and Service; and
42
43 7. A framework for measuring, monitoring and publicly reporting on whether
44 the recommendations of the Reviewer have been implemented by the Board
45 or Service and if not, why not, as well as the effectiveness of any
46 recommendations that are implemented by the Board or Service, including
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1 giving consideration to a model for independent oversight of compliance and
2 continuing community consultation;
3
4 AND the Reviewer will propose a timeline for the implementation of each
5 recommendation.
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APPENDIX B
Ron Rosenes
Ron Rosenes is a highly respected community leader, health advocate, researcher
and consultant, working primarily in HIV and the LGBTQ community. He has
served on the Boards of many local and national organizations and is passionate
about the systemic and structural issues that make people vulnerable to HIV and
other forms of exclusion. After the death of his partner of 15 years in 1991, Ron
became involved with the Boards of the AIDS Committee of Toronto, AIDS
ACTION NOW!, the Sherbourne Health Centre and the Canadian Treatment
Action Council. Ron has served on advisory committees for Health Canada, the
Canadian Institutes of Health Research (CIHR) and the Ontario Advisory
Committee on HIV/AIDS. He holds a B.A. (Honours) in French and Russian
from Carleton University, and a M.A. in Slavic Languages and Literature,
University of Toronto. In 2012, he was awarded an LL.D (Hon.) by Carleton
University. In 2015, he was awarded the Order of Canada for his voluntarism and
advocacy in HIV.
Haran Vijayanathan
Haran Vijayanathan is the Executive Director of the Alliance for South Asian
AIDS Prevention (ASAAP), an organization committed to providing culturally
responsive holistic health and support services for South Asian and Middle
Eastern community members at risk of or affected by HIV. In 2011, he founded
My House: Rainbow Resources of York Region, a resource centre allowing those
who identify as LGBTQ2S to gather in a safe and inclusive space. He has
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performed volunteer work for the Winnipeg Zoo, Nine Circles Community
Health Centre, Tamil Service Providers Council, the Don Jail, as well as
committees and working groups that look at diversity and inclusivity. In 2018,
Haran served as Grand Marshal of Pride Toronto. He has provided much needed
support to grieving families of deceased community members named in this
systemic Review’s Terms of Reference.
Monica Forrester
Monica Forrester is a 2 Spirit Trans woman of colour who has worked within the
Trans/Sexwork community’s grassroots programs for 20 years and worked on
Trans led initiatives in Toronto. Currently, Monica is Program Coordinator at
Maggie's Toronto Sex workers Action Project and also Executive Director and
Founder of Trans Pride Toronto that has been bringing inclusion, awareness and
equality to Trans and larger LGBTQ2S+ non-binary communities since 2004.
She was a member of the initial working group that recommended the creation
of this systemic review.
Brian W. Lennox
Justice Lennox is a per diem judge of the Ontario Court of Justice. He was Chief
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Justice of the Ontario Court of Justice from 1999 to 2007 and, from 2007 to 2014,
Executive Director of the National Judicial Institute. He holds a B.A. from York
University, an LL.B. from the University of Toronto, a graduate degree in
criminal law (Diplôme d’études supérieures de sciences criminelles) from the
University of Paris and an LL.D. (Hon.) from the Law Society of Upper Canada.
Called to the bar in 1975, he practiced law in the city of Ottawa with the firm of
Paris, Mercier, Sirois, Paris & Bélanger, was appointed an Assistant Crown
Attorney in 1978, and a judge of the Provincial Court (Criminal Division) in
1986. He was appointed a Regional Senior Judge of the Ontario Court (Provincial
Division) in 1990 and Associate Chief Judge in 1995. Justice Lennox has taught
and lectured in the areas of judicial education, criminal law, advocacy and court
administration.
Michele Lent
Michele Lent spent 26 years as a member of the New York Police Department
(NYPD) in progressively senior roles and retired as a Deputy Inspector in 2007.
In her last five years, she was the Commanding Officer of the Specialized
Training Section of the New York Police Academy overseeing training for
17,000 uniformed police officers and 8,000 civilians. Michele helped design the
City Incident Management System training program for New York City as
required by the National Incident Management System (NIMS) training protocol.
After leaving the NYPD, she trained thousands of officers nationally in the NIMS
as well as officers in second and third world countries in emergency management
and investigation techniques. She is a lifetime member of the Gay Officers
Action League (GOAL) and marched in the New York City Pride parade both as
a lieutenant and captain. Michele was also the Vice President of the Police
Women’s Endowment Association that focused on ensuring gender parity in all
aspects of policing. She lives in Toronto with her partner Deb.
Andrew Pinto
The Honourable Mr. Justice Andrew Pinto was a member of the Community
Advisory Group until his appointment to the Superior Court of Justice of Ontario in
February 2020. The Review is grateful for his important contribution to its work.
His biography while serving as a member of the Community Advisory Group
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included the following:
Andrew Pinto practiced law with Pinto James LLP in Toronto in the areas of civil
litigation, workplace and administrative law. He has been recognized in Best
Lawyers in Canada (Administrative and Public Law) and as a Leading
Practitioner by Canadian Legal Lexpert Directory (Employment Law, Workplace
Human Rights). Andrew is currently the Chair of the Board of Governors of the
Law Commission of Ontario, Ontario’s leading law reform agency. Andrew has
taught administrative law as an Adjunct Professor at the University of Toronto
Faculty of Law and is a past Chair of the Equity Advisory Group of the Law
Society of Ontario. In 2011-12, Andrew was appointed by the Attorney General
of Ontario to conduct a major review of the changes to Ontario’s human rights
system. His report and recommendations were released in November 2012.
Andrew received the South Asian Bar Association’s inaugural “Lawyer of the
Year” award in November 2008 and Windsor Law School’s Distinguished
Alumni Award in 2018.
Angela Robertson
Angela Robertson is the Executive Director of Parkdale Queen West Community
Health Centre. Parkdale is a community-based health service organization
serving south-west Toronto. Angela is dedicated to people and communities
facing discrimination, poverty and marginalization. Beginning in the 1990s,
Robertson worked as an editor of social issues manuscripts at Women’s
Educational Press, served as an adviser to the Minister Responsible for Women’s
Issues, was a manager at Homes First Society and the Community Social
Planning Council of Toronto, and was the Executive Director of Sistering – A
Woman’s Place for more than a decade. Sistering provides support and services
for homeless and at risk women, many of whom are racialized. She is a founding
member of Blockorama, which focuses on forging a space for racialized people
at Pride. She has also worked as the Director of Equity and Community
Engagement at Women’s College Hospital.
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APPENDIX C
Fareeda Adam
Fareeda Adam is a staff lawyer at the Black Legal Action Centre (BLAC). During
her time as a law student at the University of Ottawa, she served as president of the
McMaster Debating Society and was involved with the Black Law Students’
Association (BLSAC) as co-president and as mentor. Before joining BLAC, Fareeda
worked for Legal Aid Ontario in various capacities as a lawyer, dealing with
low- income Ontarians in both the family and the criminal law contexts.
Gwen Boniface
Senator Gwen Boniface is globally recognized for bringing justice and equity to a
wide range of issues and having a profound impact on women in policing. A lawyer
and educator, she was the first woman to be appointed as commissioner of the
Ontario Provincial Police (OPP) and the first female president of the Canadian
Association of Chiefs of Police. She is a consultant on policing and justice issues,
both internationally and domestically, and has provided services to universities,
municipalities, government, and non-profit organizations in areas of human
rights,
888
policing, and justice. Senator Boniface also served as commissioner on the Law
Commission of Canada for five years.
Brenda Cossman
Brenda Cossman is a professor of law at the University of Toronto. She served as
director of the University of Toronto’s Mark S. Bonham Centre for Sexual Diversity
Studies from 2009 to 2018. Her teaching and scholarly interests include family law,
law and sexuality, and freedom of expression.
Raj Dhir
Raj Dhir is the executive director and chief legal officer at the Ontario Human
Rights Commission (OHRC), and he served there as legal counsel for 10 years.
He also served as the portfolio director of Indigenous lands and resources at the
Ontario Ministry of the Attorney General for seven months and as the director of
the Legal Services Branch at the Ontario Ministry of Indigenous Relations and
Reconciliation for over four years.
Fiona Didcock
Fiona Didcock is the missing and exploitation manager at Thames Valley
Police, where she has served for almost 13 years. She has been instrumental in
developing a multi-agency approach to dealing with missing persons. Thames Police
developed a software called ELPIS, which allows professionals from
various agencies to share information about people who are repeatedly at risk of
going missing.
R. Doug Elliott
R. Douglas Elliott is a partner in Cambridge LLP. He is known for his work on
landmark constitutional cases such as same-sex marriage and is also a leader in the
field of class actions. One of his notable successes is Hislop v Canada, the largest
class action trial judgment in Canada (valued at $50 million), brought by a group of
gay and lesbian Canadians seeking CPP survivor pensions.
Michael Erickson
Michael Erickson is a high school teacher, activist, and co-owner of Glad Day
Bookshop – an independent bookstore and restaurant specializing in LGBTQ2S+
literature and the oldest surviving such bookstore in North America. Glad Day is
also home to Naked Heart: The LGBTQ Festival of Words, the largest LGBTQ2S+
literary festival in the world, as well as numerous panels, readings, workshops,
performances, and special events.
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Jane Farrow
Jane Farrow is a writer, former CBC broadcaster, and advocate for livable cities. Her
books include the bestselling Wanted Words and Wanted Words 2, and, as co-editor,
Any Other Way: How Toronto Got Queer. She hosted the radio programs And
Sometimes Y and Workology. As part of her social activism work, she founded and
acts as principal of the Department of Words & Deeds.
Lana Frado
Lana Frado is the executive director at Sound Times Support Services in Toronto.
She has worked there for more than 26 years.
Rachel Giese
Rachel Giese is a journalist and the editorial director of Xtra Magazine, the world’s
oldest LGBTQ2S+ media organization. Her book Boys: What It Means to Become a
Man examines how toxic rules on masculinity can hinder boys’ emotional and social
development. She has also taught journalism at Ryerson University and at the
University of Toronto’s Munk School of Global Affairs.
Ruth Goba
Ruth Goba served as the executive director of the Black Legal Action Centre
(BLAC). She was a commissioner with the Ontario Human Rights Commission for
11 years and, in 2015, was named interim chief commissioner. In 2016, Ruth was
cross-appointed to the board of the Human Rights Legal Support Centre, and in
2017 she was appointed as a mediator and adjudicator with the Human Rights
Tribunal of Ontario.
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inclusion of sexual orientation in the Ontario Human Rights Code and the Canadian
Human Rights Act, and he co-chaired the Campaign for Equal Families. He
graduated from Trinity College, University of Toronto, with both a Master of
Divinity and a Doctorate of Ministry degree.
Christopher Hudspeth
Christopher Hudspeth has owned the Pegasus Bar on Church Street for almost 20
years. He is also the chair of the Church–Wellesley Village Business Improvement
Area and a community activist.
Maura Lawless
Maura Lawless has served as executive director of The 519 since December 2007.
She has more than 25 years of experience working in housing, homeless, and
community services in senior non-profit positions as well as in the public service for
the City of Toronto.
Michele Lent
Michele Lent spent 26 years as a member of the New York Police Department
(NYPD) in progressively senior roles before she retired as a deputy inspector
in
891
2007. She helped design the City Incident Management System training program for
New York City, as required by the National Incident Management System
(NIMS) training protocol, and through it has trained thousands of officers globally.
She is a lifetime member of the Gay Officers Action League (GOAL), and she
marched in the New York City Pride parade both as a lieutenant and as a captain.
Marcus McCann
Marcus McCann is a Toronto human rights andemployment lawyer. In the aftermath
of the Toronto Police Service’s Project Marie in 2016, he defended men accused of
“lewd behaviour” in Marie Curtis Park in south Etobicoke. Since 2006, he has
contributed to Xtra Magazine, an LGBTQ2S+ publication.
Becky McFarlane
Becky McFarlane is a community organizer with 17 years of experience working in
the community sector. She joined The 519 as director of programs and community
services. In this role, she is also responsible for overseeing the centre’s education
and training initiatives. Previously, Becky served as director of Working for Change,
an organization that develops employment and leadership opportunities for
individuals with mental health and addiction issues and for others who have been
marginalized by poverty.
Yasmeen Persad
Yasmeen Persad is a member of The 519’s education and training team and has been
providing education on LGBTQ2S+-related issues and taking up trans-activism for
the past 15 years. Her experience includes working with trans youth, HIV-positive
women, sex workers, and many diverse populations. She coordinates The 519’s
trans people of colour project and provides training to front-line shelter workers on
trans community inclusion and support.
Mark Pritchard
Mark Pritchard served as chief superintendent and commander for the OPP
Northwest Region. All told, he has more than 30 years of service with the OPP,
including as a case manager in the Criminal Investigation Branch, helping to update
the OPP’s Quality Assurance Manual for homicide investigation and serving as the
commander of the Aboriginal Policing Bureau at the OPP general headquarters.
Shakir Rahim
Shakir Rahim is an associate lawyer at Kastner Lam LLP. He co-led the advocacy
campaign of the Alliance for South Asian AIDS Prevention (ASAAP) to establish
the Independent Civilian Review into Missing Person Investigations, and he
was
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appointed to the working group that drafted the Review’s terms of reference and
recommended its Independent Reviewer. He is a vice-chair of Demand Inclusion, an
organization advocating for greater equity, diversity, and inclusion in the legal
profession, and a member of the Canadian Bar Association Sexual Orientation &
Gender Identity Executive.
Ron Rosenes
Ron Rosenes is a highly respected community leader, health advocate, researcher,
and consultant working primarily in the HIV and the LGBTQ2S+ communities. Ron
became an active volunteer member of the HIV/AIDS community in Toronto in
1991, at which point he was involved with the boards of the AIDS Committee of
Toronto, AIDS ACTION NOW!, the Sherbourne Health Centre, and the Canadian
Treatment Action Council. Ron’s work as a consultant is focused on a framework of
social justice, equitable access, and an understanding of the social determinants of
health.
Maureen Trask
Maureen Trask is an advocate for families with missing loved ones. Her son Daniel
disappeared on November 3, 2011, and after three-and-a-half years of searching, his
remains were found by the Michigan Backcountry SAR Team. To honour Daniel,
and in support of the families with missing loved ones, Maureen has advocated for
legislative changes in many areas, including the Missing Persons Act in Ontario; a
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Missing Person Day (and month) in Canada; a Silver Alert Strategy in Canada; a
standard missing person police process; and a missing person framework across
Canada.
Haran Vijayanathan
Haran Vijayanathan is the national strategic director at Fierté Canada Pride. He
previously served as the executive director of the Alliance for South Asian
AIDS Prevention (ASAAP) for more than three years. Haran also founded
Rainbow Resources of York Region, a resource centre allowing those who
identify as LGBTQ2S+ to gather in a safe and inclusive space.
Andrea Zanin
Andrea Zanin has been writing and teaching internationally about BDSM / leather /
kink, power dynamics, non-monogamy, and queer sexuality for more than 15 years
She has organized events in the Canadian queer leather / BDSM community
since the early 2000s, including the annual leatherdyke weekend, An Unholy
Harvest (2007–17), and Queering Power (2013–17). She holds an independent
minor in sexuality studies and a master’s degree in gender, feminist, and women’s
studies with a focus on BDSM. At present she is also studying for her doctorate in
these same areas.
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APPENDIX D
ORGANIZATIONS AND COMMUNITY GROUPS THAT
COMMUNICATED WITH THE REVIEW
Access Alliance
Africans in Partnership Against AIDS (APAA)
AIDS Committee of Toronto (ACT)
Alliance of Healthier Communities
Alliance for South Asian Aids Prevention (ASAAP)
Barbra Schlifer Commemorative Clinic
Black Coalition for AIDS Prevention (Black CAP)
Black Lives Matter
Canada’s Source for HIV and Hepatitis C Information (CATIE)
Canadian Association for Equality (CAFE)
Canadian Association of Refugee Lawyers
Canadian HIV/AIDS Legal Network
Casey House
Church–Wellesley Village Business Improvement Area (BIA)
Council of Agencies Serving South Asians (CASSA)
Covenant House
Criminal Lawyers Association
Dixon Hall
Durham Community Legal Clinic
EGALE
Ernestine’s Women’s Shelter
Federation of Asian Canadian Lawyers
Hassle-Free Clinic
HIV and AIDS Legal Clinic of Ontario (HALCO)
Homes First
Indus Community Services of Peel
Interval House
Maggie's Toronto Sex Workers Action Project
Metropolitan Community Church
Missing Adults Ontario
Office of the Federal Ombudsman for Victims of Crime
Ontario Bar Association
Ontario Council of Agencies Serving Immigrants (OCASI)
Parkdale Activity Recreation Centre (PARC)
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People with AIDS Foundation
Queers Crash the Beat
Rainbow Committee
Salvation Army
Sherbourne Health
Sistering
Sound Times
South Asian Legal Clinic of Ontario (SALCO)
South Asian Women’s Centre (SAWC)
TAIBU Community Health Centre
The 519
Toronto Community Addiction Team, St. Stephen’s Community House
Toronto Council Fire Native Cultural Centre
Toronto HIV/AIDS Network
Toronto Lawyers Association
Toronto Police Association
Women’s Habitat of Etobicoke
YMCA Sprott House
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APPENDIX E
89
7 Community Engagement Survey
October 2020
Presentation Report
Methodology
2
Demographics
As an opt-in survey, data was not weighted to reflect demographics of the city. E.g. The sample skews female & middle-aged, but still with large subsamples of
those aged <35 and 60+. Almost all live in the GTA, 9 out of 10 in the city of Toronto, half within the old city of Toronto (closer to downtown). Only 20% are
immigrant Canadians, yet we have 197 respondents who are. More than 200 respondents in total identified as racialized/visible minority.
Asexual, Bisexual,
Total Transgender, Non- Gay Lesbian Heterosexual
Male Female binary, Other Queer, 2S
n= 985 317 571 77 147 51 239 504
% of total = 100% 32% 58% 8% 15% 5% 24% 51%
89 <35 35-49 50-59 60+ Experience w. TPS investigation in last 9 years Experience w. TPS 10+ years ago
9
n= 220 264 327 147 614 104
% of total = 22% 27% 33% 18% 62% 11%
None of the
City of York East York North York Etobicoke Scarborough Toronto
above
n= 36 88 64 70 110 501 100
% of total = 4% 9% 6% 7% 11% 51% 10%
3
Key Findings
Nearly half of all respondents have little to no confidence in the TPS when it comes to:
• Conducting missing persons investigations effectively - 42%
• Bias-free policing - 45%
Those who have dealt with TPS in the last decade have less confidence in the service overall than others.
90 • 37% with low to no confidence among those who dealt with the police in an investigation in the last decade
0
• Compared with 32% among those who have never dealt with the police
• And 21% among those who dealt with police over a decade ago
Those who have reported a missing adult to police also have less confidence.
• 36% with little or no confidence in the TPS overall
• 47% said the TPS performed poorly when it comes to acting in a non-biased manner in the course of the
investigation
4
Assessments of TPS Performance
The TPS received relatively lower scores on bias-free policing and missing persons than on overall public safety.
Help ensure the safety of the neighbourhood in which you live Help ensure safety of the community(s) you identify with
34% 30% 30% 6%
Conduct investigations effectively Maintain good relationships w. different communities it serves
Ensuring safety 30% 26% 36% 7%
29% 30% 35% 7%
26% 23% 45% 6%
Timely, non-
90 Conduct investigations in a non-biased manner 24% 25% 45% 6%
biased,
1 good
relations Conduct investigations in a timely fashion 22% 27% 40% 11%
Respond to reports of missing persons effectively 21% 23% 42% 14%
Missing persons
Respond to reports of missing persons in a timely fashion 20% 22% 41% 17%
Respond to reports of missing persons in a non-biased manner 19% 18% 46% 16%
Communicate adequately w. victims during/after investigation 17% 21% 37% 25%
Communication Communicate adequately with families/friends of victims 17% 18% 39% 26%
Communicate adequately w. families/friends of those missing 14% 18% 38% 30%
A great deal of confidence (7-9) Some confidence (4-6) No confidence at all (1-3) Don't know
Q3: Now we'd like to understand your confidence in the Toronto Police Service when it comes to the following.
Conduct its work in a non-biased manner Conduct its 28% 20% 39% 9% 4%
investigation(s) in a timely
25% 21% 37% 12% 5%
fashion
Excellent (7-9) Somewhat good (4-6) Poor (1-3) Don't know Prefer not to say + Not applicable
Q9: Thinking specifically of your interactions with the Toronto Police Service about an investigation or safety related concerns, how would you assess its
performance on a 9-point scale with respect to the following? (Scale 1= poor 9=excellent, offer don’t know AND not applicable - and prefer not to say)
Those that have interacted with the TPS less than 10 years ago n= 614 6
TPS’s Interactions w. Communities
Less than half have confidence in the ability of the TPS to work with LGBTQ2s+, visible minority & immigrant communities. Most have
little to no confidence in its ability to work with underhoused, Indigenous peoples & those with mental health issues.
90
3 Visible minority communities 18% 22% 49% 12%
A great deal of confidence (7-9) Some confidence (4-6) No confidence at all (1-3) Don't know
Q4: How much confidence do you have that the Toronto Police Service currently acts in a professional and non-biased fashion with members of the following
communities...?
A great deal of confidence (7-9) Some confidence (4-6) No confidence at all (1-3) Don't know
Q2A: How much confidence do you have in each of the following organizations overall? - The Toronto Police Service
All participants n= 985 Those that have interacted with the TPS about missing adult n= 199 *Aboriginal, Inuit, Métis, First Nations, Status Indian 9
Reporting Missing Adults
Those who have dealt with the TPS about a missing persons case tend to be negative on balance, especially when it comes to the TPS’s
ability to work in a non-biased fashion: 37% to 47%.
90
6 Conduct its work and/or investigation(s) in 28% 22% 39% 7% 4%
a timely fashion
Excellent (7-9) Somewhat good (4-6) Poor (1-3) Don't know Prefer not to say & Not applicable
Q12: Thinking of the interactions you, a member of your household, family or organization had with the Toronto Police Service about a missing adult(s), how would
you assess its performance on a 9-point scale when it comes to the following? (Scale 1= poor 9=excellent)
Those that have interacted with the TPS about missing adult n= 199 10
Reasons for Not Approaching the TPS
12% of respondents have chosen NOT to approach police about a specific missing persons case.
• This group tends to be younger and more likely to be transgender, non-binary
Most common reasons for not approaching the TPS about a missing adult were:
• A belief that the police would not take matters seriously
• A lack of comfort with the police
90
7 • Concern about how personal information would be used
Those identifying as LGBTQ2S+ were concerned about how information re identity or health would be
used.
For those identifying as transgender/non-binary a range of concerns were important:
• How information relating to gender, identity or gender expression would be used
• Privacy of health/mental health information
• Concern about treatment of visible minorities
11
Overcoming Barriers to Reporting to
the TPS
Primary suggestions to overcome barriers to reporting on missing persons relate to: (All Participants)
• The need to build trust (16%) and rapport with communities (14%) or organizations (5%)
• Better training (19%) and hiring (8%) to address biases
• Better investigation procedures (14%) or systems to communicate with the public (5%)
Secondary comments relate to:
• Better funding for more investigations (8%)
• More accountability/consequences (7%) and oversight (2%)
Better training, prevention, work on overcoming bias
19%
Build & earn trust or confidence/be professional
90 16%
8 Establish a better/unbiased rapport, treat everyone equally
14%
Improve the processes of policing policies, reporting policies, and “third party” reporting
14%
Better funding and support for the police
8%
Better hiring, better representation of different groups
8%
Accountability, recognizing biases, transparency
7%
Reports/people/communities taken seriously, listened to
5%
Establish better communication with trusted community-based organizations
5%
Communicate progress, educate and inform the public
5%
General neutral or positive comments about the TPS
4%
Independent body to oversee police
2%
Q15: Thinking about barriers that may prevent people from reporting community members who are missing or providing information about an investigation to the
Toronto Police Service, how do you think those barriers can be overcome so more people feel safe or comfortable approaching police with such information?
ALL RESPONDENTS VALID ANSWERS n= 787 – not shown n=199 giving no response skipping this question 12
Steps to Repair TPS’s Relationship
with LGBTQ2S+
LGBTQ2S+ respondents also identified building trust, better training & overcoming bias as important steps in improving relations
between their communities and the TPS.
Build & earn trust or confidence/be professional
28%
Better training, prevention, work on overcoming bias
20%
Establish a better/unbiased rapport, treat everyone equally
10%
Accountability, recognizing biases, transparency
14%
'Serve LGBTQ2S+ community better
14%
Establish better communication with trusted community-based organizations
9%
90 Respect the Pride parade
9 14%
Better hiring, better representation of different groups
10%
Apologize, acknowledgment, admit mistakes, repair relationships
10%
Improve the processes of policing policies, reporting policies, and “third party” reporting
7%
Reports/people/communities taken seriously, listened to
7%
Communicate progress, educate and inform the public
Better funding and support for the police 3%
2% 1% or
less
Q18: What steps, if any, do you think should be taken to repair, build or enhance the Toronto Police Service’s relationship with the LGBTQ2S?
This survey is not necessarily representative of the Toronto population or LGBTQ2S+ communities.
Specific groups in this survey appear to have pronounced concern about relations w. the TPS:
• Younger respondents (under 35)
• LGBTQ2S+ respondents
91
0
Yet concern about bias-free policing goes beyond younger or LGBTQS+ respondents.
Broad concern about the TPS’s ability to serve visible minority, mental health, at-risk groups.
14