Professional Documents
Culture Documents
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Hearing Dates:
March 5, 2013
June 26, 2013
September 18, 2013
October 28, 2013 (conference call)
December 16, 2013
January 6-10, 2014
February 3, 6, 7, 10 and 21, 2014
March 19, 20 and 24, 2014
April 7, 8, 9 and 28, 2014
May 2, 15 and 16, 2014
Submissions:
OCPC-INQ #14-05
Appearances:
Richard Taylor, Counsel for Daryl Bennett
Prabhu Rajan and Melanie Goren, Counsel for the Ontario Civilian
Police Commission
Background
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The original Notice of Hearing dated January 31, 2013, was amended by way of a Ruling on Motion,
dated December 19, 2013, to add 2 additional allegations to the 9 allegations that had been set out in the
original Notice of Hearing.
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1)
2)
3)
4)
5)
6)
7)
8)
He
publicly
condemned
the
Commissions
investigative process, describing it as a farce
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Introductory Comments
12. Section 27(1) of the Act requires that there be a police
services board (a PSB) for every municipality that
maintains a police force. Such PSBs are commonly called
Section 31 Boards in that their responsibilities are set out
in s. 31 of the Act. When used in this decision, the term
PSB refers to section 31 PSBs. The Board is a section 31
Board in that it has responsibilities over the Service.
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13.
2)
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46. The limits on this right are balanced by the power and
privilege one assumes by choosing to serve on a PSB. It is
also balanced by the impact of boundless comments made
by someone in this position of power.
47. There is a rational connection between the limit and the
legislated intent behind the limit. The intent behind the Act
and the Code of Conduct is to increase public confidence in
policing. The limit on PSB member conduct acts to ensure
that PSB members will conduct themselves in a manner
that will not bring disrepute to policing or compromise the
integrity of the PSB or the police service it oversees.
48. We find that the benefit derived from the Code of Conduct
outweighs the minimal infringement of the s.2(b) right of
PSB members.
49. Finally, we find that this infringement is an infringement
that is consciously adopted by anyone who chooses to
serve as a member of a PSB. People are not forced into
sitting on the PSB. It is a choice that they take on with full
knowledge that they will have to adhere to the obligations
of the Act and Regulations enacted thereunder. Section 32
of the Act requires that Board appointees take an oath of
office in which they promise to perform their duties
faithfully, impartially and according to the Police Services
Act.
50. In the Inquiry into the Conduct and Performance of Duties
of Norman Gardner of the Toronto Police Services Board
(March 1, 2004, OCCPS, hereinafter Gardner), the
Commission laid out the importance of a PSB members
role:
In a very real way they act as public stewards in
ensuring that police forces are representative of and
accountable to the communities they serve...(emphasis
added)
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3.
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The Evidence
68. The documentary evidence in this case is generally not in
dispute.
69. There were 80 exhibits entered into evidence.
70. There were 8 witnesses called by Commission Counsel:
-Warren Korol (Investigator for the Commission),
-Niquel Pritchard-Pataki (Administrative Assistant to the
Board),
-Nancy Martin (former Chair of the Board),
-Camile Parent (author of the written complaint to the
Commission about the conduct of Mayor Bennett),
-Brent Whetung (author of the email to Mayor Bennett
about the Chiefs use of language in a news interview),
-Paul Thompson (Police Services Advisor with the
Ministry of Community Safety and Correctional
Services) and
-Mayor Mary Smith (of the Township of Selwyn and
member of the Board).
71.
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173. Mayor Bennett testified that he was sharing his view with
the Minister as the mayor of Peterborough, not as a Board
member.
174. After being asked a number of times, the Mayor admitted
that he never shared this letter or his intention to send it,
with the Board.
175. Allegation #5 is proven by the production of the letter.
Mayor Bennett confirmed that that was the letter he sent to
the Minister. Therefore, the conduct alleged in this
allegation has been proven on a balance of probabilities
supported by clear, cogent and compelling evidence.
Allegation #6: He authored and sent a letter to the Minister
alleging that Board Chair Nancy Martin had committed
misconduct while not bringing the allegation to the Board for
action;
176. In the sixth allegation (Allegation #6), Mayor Bennett is
said to have sent another letter to the Minister dated April
12, 2012, stating that he was writing again regarding "the
same matter with an additional concern."
177. This letter is produced in full at Tab 44 of Commission
Counsels book. The Mayor confirmed that he sent this
letter and that he did not share it with any other members
of the Board.
178. The letter asked the Minister to investigate Ms. Martin's use
of authority of her office "to require that matters be dealt
with in closed session, when they should not have been."
179. Mayor Bennett concludes the letter by writing, I would
request that you urgently investigate the propriety of these
actions. I would also request that there be no decision on
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Mayor
Bennett
stated
on
CHEX
TV
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238. This speech was quoted in several media outlets. (Tabs 8489 of Commission Counsels book)
239. Mayor Bennett testified that he believed that the Chief was
bartering in fear to get an increase in the Service budget.
He testified that he believed that the public had the right to
this information.
240. On numerous occasions Mayor Bennett spoke publicly
about his negative view of the Boards decision to hold
some meetings privately. In one radio interview he stated:
I am extremely disappointed that we couldnt come to
some arrangement to allow this to occur in public. As
you know the city tries to conduct most of its business,
unless its of a touchy nature in public and certainly the
Police Services Board is compelled to act under the
same rules and regulations. (Tab 114.16 of Commission
Counsels book)
241. Mayor Bennett has stated in public that he believes that the
Act is archaic. He was quoted in the Sun News stating
Well see if we cant promote some positive changes to a
piece of legislation that I think is archaic. (Exhibit 40)
242. The Panel also relies on all the statements already stated in
Allegation #8.
243. Based on the statements evidenced above, a review of all
of the documentary evidence and testimony we find that
Allegation #11 is proven on a balance of probabilities,
substantiated by clear, cogent and convincing evidence.
Does the Conduct of Mayor Bennett Result in Breaches of
the Code of Conduct
244. All of the allegations against Mayor Bennett have been
proven. The Panel will now determine whether that conduct
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public commentary
approach to the role of a PSB member; and
not participating in the Commissions process.
PUBLIC COMMENTARY
300. Board members are entitled to have opinions. Indeed
members who can contribute in the most meaningful ways
are people who among other things understand policing,
governance, democracy, budgeting principles and have the
public interest at heart.
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to
is
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359. Ms. Martin testified that she was upset because she felt the
media often knew information about important Board
business before she did because Mayor Bennett would
share information with the media before sharing it with the
Board. This is seriously problematic behavior on the part of
a Board member. Board business must be discussed by
Board members first and foremost within the official board
meeting setting, at the Board table.
360. It is not a problem if Board members discuss Board
matters amongst each other, in confidence, while not at
Board meetings, but to discuss matters with the media
rather than directly with your colleagues is clearly an
affront to them and to a members role on the Board.
361. The role of a Board member is partly to de-escalate
tensions related to policing. We find that Mayor Bennetts
conduct was to do the opposite, escalating tensions by
making unsubstantiated and insulting remarks about the
Board and the Chief directly to the media.
362. Ms. Martin testified that she felt upset by this letter from
the Mayor Bennett, mostly because it was quoted in the
media and made the suggestions that the Board was being
secretive, unwilling and uncooperative.
363. Finally, we have heard evidence that the Mayor has
repeatedly supported and approved of decisions in
meetings with the Board, then not only disagreeing with
these decisions in public but criticizing the Board (which he
publicly distances himself from) for making these very
decisions that he was party to approving.
364. This conduct demonstrates a lack of willingness to
cooperate with your colleagues in a way that would further
the public confidence in the integrity of the Board or
Service.
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389. We have found that Mayor Bennett has not held his position
as a member of the Board with the respect that it requires.
He has made wholesale indictments of the system of
policing in the Province, starting with the Act, calling it the
worst piece of legislation ever. Making this statement
without having the benefit of reading the whole Act. In
testimony he stated, I have not read the PSA in full.
390. Mayor Bennett testified that he has not studied the Act in
detail, he has read some sections and he has familiarized
himself with aspects of the Act. He testified that he had an
adequate understanding of policing, he stated I didn't
think it was appropriate to read the entirety of the PSA. I
didn't have the time to read the entire PSA. He stated that
he did not go to any conferences on policing, do any
research on policing or consult other Board members on
policing issues. He stated that he based most of his
opinions on his experience.
391. We find that this is not enough understanding of the law or
policing issues for a section 31 PSB member. All section 31
PSB members should not only have read the Act but should
have more than a familiar understanding of it.
392. Mayor Bennett testified that he thought he had enough
knowledge about policing and that his knowledge about the
effects of crime would not be less than that of the Chief.
He was very confident in his own understanding of policing
in Ontario. We disagree. We find that the evidence of Mayor
Bennetts conduct and statements shows a serious
misunderstanding of his role as a Board member entrusted
with the oversight of policing in Peterborough.
393. Accepting an appointment to sit on a PSB should not be
taken lightly or underestimated. It is a commitment that
requires the time and attention to go through the Act,
Regulations enacted thereunder especially the Code of
Conduct, decisions of the Commission, training materials,
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...
We ask that you do all that you can do to help
Peterborough deal with this extremely important issue
and help restore peace with our very ANGRY MAYOR
with a HUGE agenda...
407. He testified that he wrote the letter because of all of the
negativity in the media attributed to Mayor Bennett, and
which was directed to the Board and the Chief.
408. Mr. Parent testified that people would come into his
business and discuss matters with him. He found that the
media was impacting people negatively towards the Chief,
the Service and the Board.
409. When he was directed during his testimony to Commission
Counsels book at Tab 80, an article with the tag line
Mayor calls Chief Rodds response to proposed cuts
unprofessional, Mr. Parent stated that these things can
and should be said behind closed doors. We have done
irreparable damage to the reputation of the Police.
(emphasis added)
410. We find that
committed by
Mayor Bennett
his duties as
manner.
Submissions as to Penalty
411. Submissions on penalty were reserved pending the release
of this Decision and the Panels findings with respect to
Mayor Bennetts conduct.
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__________________
David C. Gavsie
Associate Chair, OCPC
__________________
Zahra Dhanani
Member, OCPC
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