Wednesday, June 14, 2017
Kent Roach and Lorne Sossin (University of Toronto - Faculty of Law and York University - Osgoode Hall Law School) have posted Renovating Independent Police Review ((2017) 64 Criminal Law Quarterly (Forthcoming)) on SSRN. Here is the abstract:
This article assesses the major recommendations made in the Ontario’s Independent Police Oversight Review by Justice Tulloch of the Ontario Court of Appeal with an emphasis on how they fit into a broader system of police review, governance, and improvement. The first part will examine the role of criminal investigations of deaths and serious personal injuries caused by the police. The second will examine the role of independent complaints process and the third will examine the adjudication of complaints against the police that result in disciplinary charges. The concluding part will examine various ways to complete the independent review system including the role of coroners’ inquests, those who govern the police, a proposed Policing College that may move the police towards a regulated profession model and finally our main proposal to supplement the reforms recommended by Justice Tulloch: the creation of community advisory board(s) designed to build better relationships between those who review the police and the communities most affected by policing. This article examines the limits of formal law reform, especially reforms designed to attain the illusive quality of public confidence and examines the importance of politics, history and sociology.