OCPC Letter July 5, 2024
OCPC Letter July 5, 2024
OCPC Letter July 5, 2024
(Disponible en Français)
July 5, 2024
I am writing to you with respect to the Preliminary Review commenced by the Ontario Civilian
Police Commission (“Commission”) in response to complaints received in 2023 and 2024 against
you in your role as a member of the London Police Services Board (“Board”).
The Commission thoroughly reviews complaints or information it receives prior to making any
decision of whether to proceed further, to an investigation or otherwise. During this process, the
Commission makes enquiries and gathers information to inform its decision-making process.
Where appropriate, one outcome can be a public admonition letter. As no early resolution was
reached in this matter, this letter is being issued as the outcome of the Preliminary Review of
your conduct and will be posted to the Commission’s website.
The evidence gathered in the Preliminary Review through a review of a sampling of your social
media posts in 2023-2024, as well as the responses you provided to the allegations made in the
complaints, supports our view that your conduct falls short of the standard of conduct expected of
members of police services boards, as set out in Regulation 421/97 – Member of Police Services
Boards – Code of Conduct (“Members’ Code of Conduct”) of the Police Services Act (“PSA”,
repealed). Of particular concern are your posts to social media that:
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It should be noted that because of the extent of your social media posts, a review of the entirety
of your accounts was not conducted. The volume of posts suggests that care and restraint were
not exercised by you prior to posting to social media. The issues identified above should not be
considered exhaustive with respect to potential concerns with your posts.
Your response to the complaints was sought twice during the Preliminary Review as complaints
were ongoing. You maintained in both responses that your view on homelessness is a political
position held as a City Councillor, independent of your position on the London Services Board.
This Commission has previously stated that a police services board is not an elected body, and
the role has an institutional focus, not a political one. Even though an individual may be elected
to municipal Council, once they accept appointment to a police services board, they accept the
responsibilities imposed under the applicable Code of Conduct. They must ensure the public’s
respect for and confidence in the Police Service is maintained to the highest level possible, and
balance their potentially competing roles. See In the Matter of an Inquiry under s. 25(1) of the Act
Into the Conduct and Performance of Duties of Greg Oliver, A Member of the Stirling-Rawdon
Police Services Board, (October 7, 2014, OCPC).
With respect to concerns regarding the use of the term “junkies” in your social media accounts,
you deny that it constituted a breach of the Code of Conduct, noting that you did not use the term
itself, but retweeted an article that did. You maintained that the reference in the article was
secondary to the important information it contained. The Commission does not agree with your
response.
Use of denigrating language does not respect the dignity of individuals and discredits the integrity
of the board, irrespective of whether it is used directly by a member or whether a member quotes
it wholesale.
Regarding concerns about posting pictures of unhoused individuals without their permission,
rather than confirming consent was provided from those individuals for use of their photographs
on the internet, you asserted there was no evidence you posted those photographs without
permission. You further stated you have never received a request from any of the individuals in
the photos to not post the photos or to remove the photos, and you would have done so
immediately if any had made such a request.
This approach to the privacy and dignity of individuals living in London is troubling and does not
inspire public confidence in your abilities and integrity as a member of the London Police
Services Board. Consent is not assumed unless an objection is expressed in this kind of context.
You assert that contrary to allegations, your post of a photograph of an unhoused individual with
a shopping cart does not suggest he engaged in criminal activity. The post asks where the help
is for the unhoused individual, “the business that ‘supplies’ the shopping carts,” and the
“‘previous owner’ of the shopping cart contents.” You suggest in your response that you intended
to refer to help for businesses and people who are donating carts and other belongings to
unhoused individuals.
The Commission does not agree with your response. The clear implication of your post,
especially the use of quotes, is that there is a business whose cart has been stolen, and there is
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a rightful owner of the contents of the cart, who is not the unhoused individual. Regardless of
intent, a member of a police services board has a duty to inspire public confidence in that police
services board. That does not include relying on ambiguities to excuse posts that could directly
touch on policing, especially after concerns have been raised to you. Both the original post and
your response to concerns about it raise issues regarding your ability to comply with the
Members’ Code of Conduct.
In this case, the Commission decided it is not in the public interest to initiate a formal
investigation at this time. However, you are cautioned that the Code of Conduct requires a higher
standard for members of a police services board, and that social media posts can bring your
compliance with the Code of Conduct into question. You are reminded that as a member of the
Board, you swore an oath to fulfill your responsibilities to uphold the standards of conduct as a
member of a police services board.
On April 1, 2024, the Community Safety and Policing Act, 2019 came into force and the
Police Services Act was repealed. As a result, the Commission cannot accept any new
appeals, applications, or requests for investigation. Should your conduct continue,
individuals may file a complaint with the Inspectorate of Policing online or contact that office
for more information by email at IOPComplaints@ontario.ca or by phone at 416-314-4130
or 1-888-333-5078.
You are encouraged to reflect on your conduct and seek to do better in your role as a public
leader in police services for the City of London. Continuing this conduct risks future investigations
by and complaints to the Inspectorate of Policing.
Sincerely,
Sean Weir, KC
Executive Chair, Tribunals Ontario
Chair, Ontario Civilian Police Commission