Police Powers II - another review

Feb 24, 2009 15:11

Reporting from Beta Blogs.

Or: The Police Services Act in Ontario, and why it’s not at all boring.
This here’s the review as given to the entire class. Going over it on here rather helps me study.

- DEFINITIONS - member of force, police force, police officer, OCCoPS
“member of a police force” means a police officer, and in the case of a municipal police force includes an employee who is not a police officer;
“police force” means the Ontario Provincial Police or a municipal police force;
“police officer” means a chief of police or any other police officer, but does not include a special constable, a First Nations Constable, a municipal law enforcement officer or an auxiliary member of a police force;
“OCCoPS” is an acronym for the Ontario Civilian Commission on Police Services.

- HIERARCHY

- Govt of Ontario
- Ministry of Community Safety & Correctional Services (Solicitor General - Sol Gen)
- Police Service Act & Corrections Accountability Act
- OCCoPS - Ontario Civilian Commission on Police Service
- Police Service Boards
- Chief of Police
- Police Service

POLICE SERVICE STRUCTURE - OPP

- Commissioner
- Deputy Commissioner
- Chief Superintendent
- Superintendent
- Inspector
- Staff Sergeant
- Sergeant
- Constable
- Cadet

-OCCoPS - Role - All members appointed by L.G.
- Reviews\Monitoring of police services & boards
- Hold inquiries and investigations when requested or on their own
- Hold hearings and adjudications - complaints
- Determine resolutions
- Make recommendations to police boards & chiefs
- Enforce penalties
- Report directly to the Sol Gen
- Can suspend board & chief
- Can remove board & chief
- Can disband police force
- At hearing - evidence must be proven to be clear and convincing before any sanctions taken against officer\chief
- For complainant to ask for a review by OCCoPS - must be in writing within 30 days
- Commissions decision can be appealed to Division Crt - must be in writing within 30 days

- POLICE SERVICE BOARDS -
- PSA states there shall be a police service board for every municipality that has a police force
- Can be 3, 5, or 7 members depending on population base
- 3 member = head of council (mayor or appointee) + person not employed by the municipality + person appointed by L.G.
- 5 member = same as 3 member + council member and 2nd L.G.
- 7 member = same as 3 member + 2nd council mem + 3rd L.G.
- Police Service Boards appoint the Chief and Deputy Chief
- Persons ineligible for PSB = judge, j.p, police officer, defence lawyer
- Responsibilities include - set up objectives & priorities of community with help from chief
- establish policies for effective management of force
- establish policies for the release of personal info
- establish guidelines for dealing with complaints
- direct chief and monitor his performance
- can’t direct chief on day to day operations or give orders to individual officer
- consult with chief on operational costs for force and submit costs to municipal council

POLICE SERVICE ACT -
- Administered by the Sol Gen of Ontario
- Duties include - monitoring of and consulting with Police Service Boards
- monitoring of and consulting with police forces
- develop & promote programs to enhance police practices
standards, and training
- inspect & review of police forces across Ontario
- issue directives and guidelines respecting policies
- Operate the Ontario Police College
- Every municipality shall provide adequate & effective police services that shall include the following Core Services:
1) Crime prevention; 2) Law enforcement; 3) Assistance to victims of crime; 4) Public order maintenance & 5) Emergency response
- KNOW THE CONTENTS OF THE 5 CORE SERVICES
- Under what circumstances does the OPP provide policing services -
WHEN A MUNICIPALITY CAN’T
- Name 3 persons/groups that can ask for the OPPs’ assistance in policing -
1) OCCoPS, 2) Police Service Board, 3) Crown Attorney
- OPP do not normally enforce by-laws except when under an agreement

crossposted, schoolwork, i blog about law - canada-style!, police powers, law

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