The OHRC’s recommendations consist of actions the TPS and TPSB must take to:
The recommendations are informed by OHRC’s findings through the course of our Inquiry. They are based on research and consultations with:
Most recommendations are directed to the TPS and the TPSB, and can be acted upon without changes to existing legislation. Some recommendations may require amendments to legislation or changes to longstanding provincewide police practices to achieve the recommendation’s objective. Those recommendations are directed to the province, although they call upon the TPSB to engage with the provincial government to address the areas we have identified at a provincial level.
The OHRC recognizes that since the Inquiry’s launch, the TPSB and TPS have introduced initiatives addressing anti-Black racism and discrimination that are documented in this report. The recommendations address continuing gaps identified through the OHRC’s review of policies, procedures, training, and accountability mechanisms.
Although the OHRC attempted to ensure its recommendations reflect current initiatives, the OHRC acknowledges that since this report was written, the TPS and TPSB may have introduced new initiatives or enhanced existing ones.
For many of the recommendations, it will be clear that TPS and the TPSB will need to utilize various experts to guide them, as they did in developing their race-based data collection practices. In addition to subject matter expertise, such experts should have sensitivity to the issues concerning systemic racism in policing, including anti-Black racism, and where possible, relevant lived experiences.
The OHRC recommends that:
Transformative change in police practices in Toronto must be informed by community views, experiences, and perspectives. This requires meaningful engagement with Black community advisory groups and concerned
members of Black communities more generally. As set out in the report, it is clear that the TPS and TPSB have taken steps to ensure that public consultations are conducted and have the ability to inform the development of their projects.
As such, our recommendations in this area seek to build upon these efforts to help ensure that the development, implementation, and review of police practices are continually informed by voices of Black communities, in a meaningful way at the foundational level.
The OHRC recommends that:
Given this report’s finding of systemic anti-Black racism, the TPS and TPSB should issue an official acknowledgement of the findings from the OHRC’s Inquiry – one that is substantive and specific.
The OHRC recommends that:
Over the course of the Inquiry, the OHRC held extensive consultations with a wide range of stakeholders. This included engagements with members of Black communities and organizations that serve Black communities in various settings, including interviews, focus groups, and a policy roundtable which created a space for community members and police leaders to discuss pressing issues and potential reforms.
The OHRC also consulted with TPS leadership and TPSB and TPA representatives and conducted a survey of officers (below the rank of inspector). Each of these groups shared their concerns and views on how to address systemic discrimination.
During our conversations with Black people, we heard about the lack of trust between Black communities and the police. Much of the lack of trust stems from the trauma that follows negative interactions with the TPS. We heard strong support for the TPS taking action to address this trauma through tangible restorative measures.
The OHRC recommends that:
Community members have consistently advised policymakers that the allocation of public safety resources does not align with community needs. For example, the top three recommendations the TPS received from communities during town hall meetings about police reform in 2020 were “defunding” the police, “de-tasking” police services and investing in mental health and addiction services. Similarly, the OHRC consistently heard concerns that certain community safety issues to which the TPS responds could be addressed more effectively by a non-policing agency.
As aptly stated in Missing and Missed, many want the police to give up some tasks to other public and community agencies with greater expertise, such as dealing with people in mental health crises or working with the unhoused.2 All recommendations made in Missing and Missed, including those addressing these issues, were accepted by the TPS and TPSB.
In response to community-based concerns, and the current discourse on policing that calls for re-imagining the way policing is delivered, the OHRC makes the following recommendations.
To change the culture of policing, the TPS must reflect the diversity of the communities it serves. People with lived experience of anti-Black racism can help improve internal processes and shift mindsets that have failed to address systemic racial bias in policing.
An officer’s authority to approach, stop, or question a civilian has been fiercely contested. The practice of carding provides the foremost example of Black people’s concerns regarding the exercise of discretionary police power to stop and question, and its impact on Black communities.
The OHRC acknowledges initiatives undertaken by the TPS, TPSB, and the provincial government to engage with Black communities and revise practices in this area. This includes O. Reg. 58/16: Collection of identifying information in certain circumstances, which banned arbitrary stops.
Notwithstanding the existing ban on arbitrary stops, and the decision to monitor annually the number of street checks conducted by the TPS, the OHRC continued to hear significant concerns about unjust stops during our Inquiry. The Inquiry has documented significant gaps in TPS and TPSB policies and procedures regarding stops and searches that help perpetuate systemic racial discrimination.
In response to these concerns, the OHRC recommends the following actions – which go beyond the protection provided by O. Reg. 58/16, and the related policies and procedures.
The OHRC recommends that:
These criteria are more stringent than the criteria mandated by the Province in Ontario Regulation 58/16, Collection of Identifying Information in Certain Circumstances – Prohibition and Duties.
In A Disparate Impact, the expert analysis of TPS charge, arrest, and release data found that Black people are grossly overrepresented in discretionary, lower-level charges, and more likely than White people to face low-quality charges with a low probability of conviction. Among the charges examined as part of the Inquiry, the charge rate for Black people was 3.9 times greater than for White people, and 7.1 times greater than the rate for people from other racialized groups.
Despite being charged at a disproportionately higher rate, Black people were overrepresented in cases that resulted in a withdrawal of charges. Black people’s cases were also less likely to result in a conviction compared to cases involving White people.
In Chapter 7, we acknowledge the steps that the TPS has taken to better understand and address anti-Black racism and racial discrimination in charges and arrests. This includes extensive work to collect, analyze and report on data in this area.
In June 2022, the TPS released an analysis of its race-based data on use of force and strip searches. This included data regarding “enforcement actions,” which contains data on charges and arrests. For example, the data shows Black people were 2.2 times more likely to be involved in “enforcement actions,” i.e., “incidents that result in arrests, apprehensions,
diversions, tickets, or cautions for serious provincial offences, and includes those classified as suspects or subjects in occurrence records.”6
The OHRC proposes that the TPS and TPSB address racial disparity in charges and arrests by advancing policies and procedures with respect to charges and other enforcement actions (e.g., police cautions, alternative measures). This proposal is based on the finding that TPS procedures and training do not provide sufficient guidance to officers to determine whether to lay charges, arrest, or use alternatives.
The OHRC has also explored the potential benefits of Crown pre-charge approval. Implementing Crown pre-charge approval would require involvement from the Province. As such it is addressed along with other recommendations to the Province further on.
The OHRC recommends that:
The TPS ensure that its procedures on laying a charge require that officers approach all interactions with Black and other racialized individuals in ways that consider their histories of being over-policed,7 and consider the use of alternatives to charges and arrests, where appropriate. This includes and builds on the officer’s discretion to use informal warnings, cautions, or diversion programs.
The TPSB released a Policy on Use of Artificial Intelligence Technologies, which seeks to ensure that use of AI technologies by the TPS does not disproportionately impact Black and other marginalized communities. It is important that the TPS does not use AI technologies in ways that lead to racial discrimination.
The OHRC recommends that:
Police use of force against Black people is among the most controversial issues facing law enforcement across North America. Incidents where police use excessive force undermine confidence in policing and could result in an unjustified death.
Given the critical importance of this issue, the TPS and TPSB must ensure that their policies, practices, training, and review mechanisms require that TPS officers only use force as a last resort, and that any unreasonable use of force is identified and addressed with strong accountability measures. Also, the TPS and TPSB must ensure that officers use de-escalation and non-force techniques to effect compliance with police orders whenever feasible.
The OHRC recommends that:
Fatal encounters between civilians and the police may undermine public confidence in police services and have a traumatic impact on individuals, families, and communities. As documented in this report, Black people are disproportionately impacted by TPS use-of-force practices, including lethal force. Black people are more likely to be fatally shot by the TPS.
The OHRC has acknowledged the important steps the TPS has taken to address use of force, including an updated Incident Response (Use of Force/De-Escalation) policy, and use-of-force data collection and related action plans referred to in the body of this report.
The OHRC recommends that:
The duty to intervene is a duty to stop other officers from using excessive force or engaging in prohibited conduct. The OHRC welcomes the TPSB’s decision to implement a duty to intervene on all TPS members who observe an officer using prohibited or excessive force, or engaging in acts that constitute misconduct. As a best practice, this duty should be monitored and improved in response to the feedback provided by officers who have intervened.
As such, the OHRC recommends that:
The definitions of “use of force” that warrant reporting are too narrow, and do not reflect the realities of modern policing. For example, the OHRC’s expert analysis has made important findings regarding the disparate impact of lower-level use of force on Black communities. However, lower-level use of force falls outside the scope of incidents that must be reported.
A definition that only considers use of force resulting in injury or hospitalization does not account for the mental health impact and trauma that police use of force has on communities.
The OHRC recommends that:
Discharging a CEW should be subjected to the same investigative standards as a firearm, as use of these weapons is potentially lethal and Code- protected groups remain disproportionately subjected to their use.
The OHRC recommends that:
TPS procedures and TPSB policies should provide further guidance for circumstances where an officer engages a young person and considers using force.
The OHRC recommends that:
The OHRC’s Policy on eliminating racial profiling in law enforcement contains recommendations to address systemic anti-Black racism in policing that are relevant to the TPS. For example, the TPS and TPSB do not have a distinct policy or procedure on racial profiling. The failure to create adequate policy and procedure to prevent discrimination can contribute to racial disparities and undermine community trust in police.
The OHRC recommends that:
The OHRC’s Inquiry found that the TPS and TPSB have committed to study and deliver training and education on racial profiling and racial discrimination. Significant steps have been taken to create useful training on racial bias, racial profiling, and racial discrimination.
Despite these steps, there continue to be gaps in TPS training and education on anti-Black racism, racial profiling, and racial discrimination that should be addressed. They include components that should form part of a TPSB policy and a TPS procedure on racial profiling.
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
Based on the Inquiry’s findings, the OHRC has concluded that to ensure real change, the TPS and TPSB must commit to specific, systemic, and concrete actions that are legally enforceable. The decades of reports and calls for action from Black communities show that if the TPSB and TPS are committed to change, they must legally bind themselves to that change.
The OHRC has proposed legally binding and enforceable remedies as an accountability measure that will encourage the TPS and TPSB to work with the OHRC and the community to implement the recommendations that flow from this Inquiry.
The OHRC recommends that:
From adopting a specific policy on race-based data collection, to collecting data on use-of-force reports, strip searches, charges, arrests, releases, and youth diversions, the TPS and TPSB have taken significant steps in data collection, as detailed in Chapter 9. There are, however, gaps that need attention.
For data collection to address systemic racism, the data must enable robust analysis of the full range of police–civilian interactions, identify racial disparities, and provide findings that can be decisively acted on.
As discussed in this report, gaps in the current policy remain and include:
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
should be consistent with recommendation 31 regarding use of force in the OHRC’s Policy on eliminating racial profiling in law enforcement.32
The OHRC recommends that:
The OHRC recommends that:
Privacy considerations for race-based data are always important. This is especially true for data collected in the absence of any regulatory framework, as was the case with street check data for several years leading up to 2017. Further, as noted in this report, the TPS and TPSB failed to purge historical street check data, much of which is the product of racial profiling.
The OHRC recommends that:
Early intervention systems (EIS), also known as early warning systems, capture race-based data to alert supervisors to potential performance issues and misconduct concerns. In addition, these systems offer “resources and tools in order to prevent disciplinary action, and to promote officer safety, satisfaction and wellness.”34
The EIS should receive and integrate member information to identify any patterns of behaviour or incidents that are indicative of at-risk behaviour. In addition, the information captured by the EIS should assist with the regular supervision of members.35 The EIS may also be used to track indicators of officer wellness and prevent harm to officers and members of the public.
EIS typically have remedial objectives and as such, the output from these systems are not intended to trigger disciplinary measures. Nonetheless, there are opportunities for police services to use information from an EIS to inform the eventual imposition of discipline if necessary.
Recognizing that the indicators of racial discrimination may vary by police officer, platoon, unit or division, the range of relevant data points is specified below.
The OHRC recommends that:
This system should capture data and flag patterns related to racial disproportionalities and disparities36 in the areas identified in:
The TPSB and TPS consulted the OHRC on body-worn cameras (BWCs) to inform the development of the TPSB policy and TPS procedure in Fall 2020. In addition, the OHRC made written submissions setting out concerns with BWCs.41 In light of the TPS and TPSB’s decision to move forward with the implementation of BWCs, the OHRC recommends the following policy guidelines:
The OHRC recommends that:
supervisors regularly review recordings for implicit or explicit discrimination.
As employers, it is important to fully investigate complaints related to discrimination. Organizations should have a clear, fair and effective mechanism for receiving, investigating. and resolving complaints of discrimination, and to ensure that human rights concerns are brought effectively to the attention of the organization.
During the Inquiry, the OHRC identified a lack of effective monitoring and accountability for anti-Black racism and racial discrimination of Black people by the TPS and TPSB. To address this concern, the Chief of Police must broadly exercise their discretion to investigate and address potential instances of misconduct in a fair and transparent way. The TPSB must review the administration of complaints and establish appropriate disciplinary guidelines.
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
The performance review process must actively address systemic discrimination in police services. Motivating police practices that will generate better outcomes should be a key objective of the review process.
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
The OHRC recommends that:
This information should also be publicly released annually in a manner that is consistent with the confidentiality provisions of the PSA and any subsequent legislation such as the Comprehensive Ontario Police Services Act (COPSA).
The TPS should also release information about the nature of the response provided by the police service55 and the amount of time required to address the call.
The OHRC recommends that:
The OHRC recognizes that Ontario fulfills an essential role in establishing the legislative and regulatory framework which governs police services and that the TPS and TPSB operate in, and the TPS and TPSB may not have jurisdiction in some instances to enact necessary change without the assistance of the provincial government.
To borrow the words of the Auditor General’s conclusion, a whole-of- government and whole-of-community approach is needed to address many of the issues that police respond to, and investment in social service infrastructure and alternative strategies is required.56 In addition, these recommendations can impact other police services across Ontario.
While O. Reg. 58/16: Collection of Identifying Information in Certain Circumstances has banned arbitrary stops, as discussed in Chapter 6 of this report, the OHRC continues to have significant concerns about unjust stops.57
The OHRC recommends that the TPSB urge the Province of Ontario to:
The OHRC recommends that the TPSB urge the Province of Ontario to:
The OHRC recommends that the TPSB urge the Province of Ontario to:
The findings from this evaluation should be used to develop leading practices that are used to update the Training Aid.
The OHRC recommends that the Province of Ontario:
The OHRC recommends that the Province of Ontario:
The OHRC recommends that the Province of Ontario:
The OHRC recommends that the Province of Ontario:
The OHRC recommends that the Province of Ontario:
For example, there should be public reporting on cases that are addressed through informal discipline.64
a) Amend restrictions in Reg 926/90 that prevent use of force reports from being used to address the full range of officer performance issues.
Where the Prosecutor becomes aware of credible and reliable information that an officer has been found to have engaged in racial discrimination and/or racial profiling, or a Charter breach that reflects conduct consistent with racial discrimination and/or racial profiling, the Prosecutor should direct the matter to the Crown attorney, who will in turn notify the Chief of Police.
The OHRC recommends that the Province of Ontario:
The COPSA should include specific reference to misconduct related to racial discrimination or anti-Black racism as considerations when assessing whether to terminate or suspend without pay.65
The OHRC recommends that the Province of Ontario:
The OHRC recommends that the Province of Ontario work with the TPS and TPSB to assist them in:
Specifically, the OHRC encourages the TPS and TPSB to further engage Ontario’s Ministry of Health to achieve 24-hour MCIT coverage across Toronto.
The OHRC recommends that:
Pursuant to section 11 of O. Reg. 267/10 under the Police Services Act, municipal police chiefs are required to investigate any incident with respect to which the Special Investigation Unit SIU has been notified, subject to the SIU’s lead role in investigating the incident. Chiefs are also required to produce a copy of their investigative report to their police services board. Boards have the discretion to make these reports public.
The OHRC recommends that:
A Collective Impact, the OHRC’s first Inquiry report, included analysis of data obtained by the OHRC from the Special Investigations Unit (SIU). In addition, the OHRC met with Director Joseph Martino.
Through this work, several recommendations flowed directly to the TPS and TPSB.
The OHRC recommends that the SIU:
1 Report of the Independent Civilian Review into Missing Person Investigations https://www.tps.ca/chief/chiefs-office/missing- and-missed-implementation/report-independent-civilian-review-missing-person-investigations/
2 Missing and Missed: Report of the Independent Civilian Review into Missing Person Investigations, vol III (Toronto Police Services Board, 2021) at 694, online (pdf): The Honourable Gloria J. Epstein, Independent Reviewer
<https://www.tps.ca/media/filer_public/34/ba/34ba7397-cbae-4f44-8832-cd9cb4c423ca/71ed3bb5-65a5-410e-a82f- 3d10f58d0311.pdf>
3 A KPMG audit of the TPS advanced civilianizing as a way to respond to demands placed on the service. The audit recommends the following: “Conduct service-wide review of all positions, job descriptions and performance expectations within TPS against business requirements and the need to maintain a critical mass of sworn capability. This will determine which positions require uniform skills and/or are a core police service in order to highlight roles to be considered for civilianization, with default outcome to outsource if option is determined to be more cost-efficient and achieve a better outcome than the status quo.” In addition, KPMG’s review notes that other large cities have civilianized services formally performed by police. For example:
See Toronto Police Services Board, Opportunities for the Future for the Board’s Consideration (December 2015) online (pdf): www.tpsb.ca/KPMG%20-%20Comprehensive%20Organization%20Review%20-
%20Potential%20Opportunities%20for%20the%20Future%20Report%20to%20the%20TPSB%20(FINAL)%2017Dec%202015.pdf. TPS’s has implemented the following programs which civilianize core services: 911 Call Diversion Project: TPS and the Gerstein Crisis Centre, a civilian based organization, will work, “collaboratively, but distinctly, to assist in the diversion of non-emergency mental health related calls away from a police response.” This pilot program was created in response to the 81 recommendations in the Police Reform Report. (See: Toronto Police Services, 9-1-1 Call Diversion Project (November 2021) https://www.tps.ca/media-centre/stories/9-1-1-call-diversion-project/.) Traffic Agent Program: According to the Highway Traffic Act, only police officers are allowed to direct traffic at signalized intersections. In response TPS worked with the City of Toronto to have traffic agents appointed as special constables though the Traffic Agent Program. Traffic Agents have the authority to manage traffic at all intersections in Toronto in place of the paid duty officers. (See: City of Toronto, Traffic Agent Program, https://www.toronto.ca/services-payments/streets-parking- transportation/traffic-management/traffic-agent-program/). TPS has also created a District Special Constable position that can be responsible for transportation of detainees and apprehended persons, report taking. The OHRC acknowledges the TBSB’s Letter of January 20, 2021, to the Federal Ministry of Health, the Provincial Ministry of Health, and the City of Toronto, expressing the Board's request for additional, sustained investment for community-based mental health and addictions services in Toronto. The letter responds to recommendation 11 in the Police Reform Report.
4 This includes the Toronto Community Crisis Service (TCCS) launched by the City of Toronto. See: https://www.toronto.ca/community-people/public-safety-alerts/community-safety-programs/toronto-community-crisis- service/
5 Ontario Human Rights Commission, Strategy for a Safer Ontario – Submission to the Ministry of Community Safety and Correctional Services (29 April, 2016) online: <Strategy for a Safer Ontario – OHRC submission to MCSCS | Ontario Human Rights Commission>.
6 Toronto Police Service: Race-Based Data Collection Strategy, Use of Force: Measurement & Outcomes RBDC Video 4 Transcript, https://www.tps.ca/media/filer_public/b9/f4/b9f492b5-8e11-450a-af6e-deae2658010b/1ec05b46-427f-41eb-8697- cd12e95dad0b.pdf
7 African Canadian Legal Clinic, Civil and Political Wrongs: The Growing Gap Between International Civil and Political Rights and African Canadian Life (June 2015) at 12, online (pdf): <(rmozone.com)> “In the past, stereotypes of Black people were used to justify slavery and segregation. Today they provide the basis for discriminatory policies and practices that violate the civil and political rights of African Canadians. These include the over-policing of African Canadian communities, police brutality, disparities in sentencing and policing accountability institutions absolving law enforcement agencies of wrong-doing when the victim is African Canadian.”
7 The President’s Task Force on 21st Century Policing underscored the importance of exploring alternatives to charges in their recommendations. Recommendation 2.2.1 states: “Law enforcement agency policies for training on use of force should emphasize de-escalation and alternatives to arrest or summons in situations where appropriate.” See: President’s Task Force on 21st Century Policing, Final Report of the President’s Task Force on 21st Century Policing (Washington, DC: Office of Community Oriented Policing Services, (May 2015) at 20, online (pdf): (usdoj.gov); some precincts in and around Seattle have implemented a pre-booking diversion strategy; also see the Law Enforcement Assisted Diversion program. The program gives police officers the option of transferring people arrested on drug and prostitution charges to social services rather than sending them deeper into the criminal justice system. National Institute of Corrections, Jail Alternatives (U.S. Department of Justice) online:<https://nicic.gov/tags/jail-alternatives>. Police discretion in Toronto is very much applied to charge/no charge decisions. It is common for the TPS to clear incidents without issuing charges. For example, in 2019, 21.4% of cleared Criminal Code incidents (excluding traffic) in Toronto (9,043 out of 42,221) were “cleared otherwise.” Statistics Canada, Table: 35-10-0180-01: Incident-based crime statistics, by detailed violations, police services in Ontario, (29 July 2013), online: <https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3510018001>
As the Canadian Centre for Justice Statistics explains: “There are instances where police may clear (or solve) an incident, but do not lay criminal charges or recommend such charges to the Crown. For an incident to be 'cleared otherwise,' the incident must meet two criteria: 1) there must be at least one charged/suspect chargeable (CSC) identified, and 2) there must be sufficient evidence to lay a charge in connection with the incident but the person identified is processed by other means,” Canadian Centre for Justice Statistics, Revising the classification of founded and unfounded criminal incidents in the Uniform Crime Reporting Survey, Catalogue No. 85-002-X (Statistics Canada, 12 July 2013) at 7, online (pdf): <https://www150.statcan.gc.ca/n1/pub/85-002-x/2018001/article/54973-eng.pdf>. Cleared otherwise decisions can be made for a variety of reasons, including “departmental discretion” (ibid. 5, Figure 1). This recommendation rests on the proposition that this discretion should be exercised in a way that counteracts current patterns of race-specific over-charging by the TPS.
8 Ontario Human Rights Commission, Submission on Ontario’s Trustworthy Artificial Intelligence (AI) Framework (June 2021) online: (ohrc.on.ca)
9 Ontario Human Rights Commission, Submission on TPSB Use of Artificial Intelligence Technologies Policy (September 2021) online: Submission on TPSB Use of Artificial Intelligence Technologies Policy | Ontario Human Rights Commission (ohrc.on.ca) 10 Ontario Human Rights Commission, Policy on eliminating racial profiling in law enforcement (Government of Ontario, 2019) at section 4.2.6. Artificial intelligence, online (pdf): Eliminating Racial Profiling in Law Enforcement (ohrc.on.ca) which outlines why these dimensions of predictive policing may feed, or do feed, into racially discriminatory policing.
11 ”The OHRC holds the view that FR [facial recognition] is not appropriately regulated under existing law... Yuan Stevens of Ryerson University and Sonja Solomun of McGill University have observed: In Canada, it is currently possible to collect and share facial images for identification purposes without consent, and without adequate legal procedures, including the right tochallenge decisions made with this technology.” See: Ontario Human Rights Commission, OHRC comments on IPC draft privacy guidance on facial recognition for police agencies, (November 19, 2021) online <https://www.ohrc.on.ca/en/news_centre/ohrc- comments-ipc-draft-privacy-guidance-facial-recognition-police-agencies>; Also see: Office of the Privacy Commissioner of Canada, Privacy Guidance on Facial recognition for Police Agencies (May 2022) online: <https://www.priv.gc.ca/en/privacy- topics/surveillance/police-and-public-safety/gd_fr_202205/> Canada’s federal, provincial and territorial privacy commissioners are of the opinion that the current legislative context for police use of FR is insufficient. In the absence of a comprehensive legal framework, there remains significant uncertainty about the circumstances in which FR use by police is lawful.”
12 Ontario Human Rights Commission, Policy on eliminating racial profiling in law enforcement (2019) at 4.2.6. Artificial intelligence 46–49, online (pdf): Eliminating Racial Profiling in Law Enforcement (ohrc.on.ca)
13 In accordance with a recommendation in the Honourable Frank Iacobucci’s report on Police Encounters with People in Crisis, the TPS and Toronto Mayor John Tory agreed to adopt a “zero death/zero harm” commitment to preserving the lives of persons in crisis. The TPS should adopt this objective for all civilians, but should place particular emphasis on interactions with Black and other racialized persons and persons in crisis, as these groups are over-represented in encounters with the police that result in the use of lethal force. As part of this strategy, the TPS has explored the use of less lethal use of force options. See: An Independent Review Conducted by The Honourable Frank Iacobucci for Chief William Blair of the Toronto Police Service, Police Encounters with People in Crisis (2014) at 8, 126, online (pdf): <police_encounters_with_people_in_crisis.pdf (ciddd.ca)>
Ontario Independent Police Review Director, Police Interactions with Persons in Crisis, (March 2017) at 4, online (pdf): <www.oiprd.on.ca/wp-content/uploads/Police-Interactions-with-People-in-Crisis-and-Use-of-Force-Systemic-Review-Report- March-2017-Small.pdf>: in reference to fatal encounters between police and persons in crisis, the OIPRD notes, “We cannot ignore the fact that, in many of these cases, the deceased was Black or a person of colour.”; Toronto Police Services Board, Achieving Zero Harm/Zero Death – An Examination of Less-Lethal Force Options, including the Possible Expansion of Conducted Energy Weapons (CEWs) (Public Consultation) (19 October 2017) online (pdf): <TPSBCEWConsultation_Agenda_DisPaper.pdf>
14 Peel Regional Police Mobile Crisis Rapid Response Teams (MCRRT) pair an officer and a community-based crisis worker from the Canadian Association of Mental Health. See: Peel Regional Police, “Applying the CSWB Framework at Peel Regional Police” (2018), online: Community Safety and Well-Being < https://www.peelpolice.ca/en/in-the-community/community-safety-and- well-being.aspx#Mobile-Crisis-Rapid-Response-Teams-MCRRT->
15 Camden County Police use of force policy at section 4.5 -4. See Camden County Police, Use of Force (Standard Operative Procedure) (December 2021) online (pdf): < https://camdencountypd.org/wp-content/uploads/2021/12/USE-OF-FORCE- 123121.pdf>
16 The current version of Section 14.5 mandates the submission of a UOF Report when a service member “uses physical force on another person that results in an injury requiring medical attention.”[1] See: Ontario Human Rights Commission, OHRC submission to the Ministry of the Solicitor General on the Equipment and Use of Force Regulation Amendment and implementation of modernized Use of Force Report (October 2022) online: <https://www.ohrc.on.ca/en/ohrc-submission- ministry-solicitor-general-equipment-and-use-force-regulation-amendment-and#_ednref17>
A comprehensive definition should capture all instances where physical force is used, including coercive touches such as wrist or arm locks, striking the subject with the hands or feet. The scope of incidents subject to use of force reporting should be expanded to include the use of handcuffs (mechanical restraints), physical restraints or zip ties.
17 JKB v Regional Municipality of Peel Police Services Board, 2020 HRTO 1040 at para 98.
18 Ontario Human Rights Commission, Policy on eliminating racial profiling in law enforcement ( August 2019) at section 4.2.1, Unwarranted deployment, online (pdf):
19 The TPS’s 2021 eLearning module included training on how previous experiences of racial profiling or racial discrimination in interactions with police may impact a person’s perception of an interaction with police and how persons who reasonably believe that they are being racially profiled might react in an angry and verbally aggressive way and how officers can respond in a manner that is consistent with the Listen and Explain with Equity and Dignity (LEED) model. Training in this area should continue to be provided. TPS ELearning Module: Let’s Talk How Anti-Black Racism Affects Impartial Policing
20 The following are examples: The Jardine-Douglas, Klibingaitis and Eligon (JKE) inquest examined the deaths of persons in crisis during their encounters with TPS. Office of the Chief Coroner, Jury Recommendations Inquest into the death of Reyal Jardine- Douglas, Sylvia Klibingaitis, and Michael Eligon (February, 2014) online (pdf): <https://www.oha.com/Documents/Jardine- Douglas%20-%20Klibingaitis%20-%20Eligon%20Inquest.pdf>. Jermaine Carby, a Black man who lived with mental illness, was fatally shot by a member of the Peel Regional Police during a traffic stop in Brampton on September 24, 2014. Office of the Chief Coroner, Jury Recommendations Inquest into the death of Jermaine Carby (16 May 2016),.Recommendation 38 is in part based on recommendations originally advanced by the coroner’s jury in the JKE and Jermaine Carby inquests. Carby has been identified as a possible scenario, as it was one the only matters where the SIU considered the role of race.
21 Training on fair and impartial policing is not recurring, and concepts about racial profiling, racial discrimination, racial bias and anti-Black racism were not effectively integrated into other training programs (see chapter 8 – Gaps in anti-racism policies, training and evaluation).
22 The recommendations from the Loku inquest included “Amend the annual Use of Force recertification to include qualification in areas such as mental health and/or addictions, anti-racism, particularly anti-Black racism, implicit and unconscious bias, fear inoculation, de-escalation and crisis communication.” Office of the Chief Coroner, Jury Recommendations Inquest into the death of Andrew Loku (June 30, 2017) at recommendation 7.However, the final report found that integration of concepts of anti-Black racism into training programs does not appear to be significant, including in use of force training. See chapter 9– Gaps in TPS and TPSB anti-racism and anti-racial discrimination initiatives.
23 For example, beginning dynamic simulation exercises with the ”strategic responses” taught in the TPS’s 2021 E-Learning Module ”Let’s Talk How Anti-Black Racism Affects Impartial Policing”, such as the ”litmus test”, asking oneself ”would I be doing the same if the roles were reversed?
24 See Ontario Human Rights Commission, A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service (August, 2020) online (pdf): <https://www3.ohrc.on.ca/sites/default/files/A%20Disparate%20Impact%20-%20TPS%20inquiry%20%28updated%20January%202023%29.pdf>
25 See chapter 9 – Gaps in TPS and TPSB anti-racism and anti-racial discrimination initiatives. Before 2017, there is no evidence that training on racial profiling, racial discrimination or anti-Black racism was evaluated. Evaluation of the anti-Black racism component of the 2020 ISTP is insufficient and contrary to the Loku inquest recommendations. There were no incoming or outgoing questions posed to officers, and the knowledge assessment did not include passing or failing grades.
26 The OHRC acknowledges that the TPS attempted to find a third party to conduct a few at this level but did not receive any bids, and that they continue to look into this issue, pursuant to a motion at the October 11, 2022 TPSB meeting, see OHRC interview with Superintendent Frank Barredo (29 November, 2022)
27 See for example: U.S. Department of Justice Civil Rights Division, Investigation of the Ferguson Police Department (March 4, 2015) at 91-92 online: https://www.justice.gov/sites/default/files/opa/press- releases/attachments/2015/03/04/ferguson_police_department_report.pdf ; United States v. The City of Ferguson – Consent Decree, (April 2016) at 102, 103, 108-115 [FPD Consent Decree] online (pdf): Justice Department and City of Ferguson, Missouri, Resolve Lawsuit with Agreement to Reform Ferguson Police Department and Municipal Court to Ensure Constitutional Policing: Ferguson Consent Decree ; United States of America v. Police Department of Baltimore City, the Mayor and City Council of Baltimore – Consent Decree (January 2017) at 28-30, 67 and 72-74 [BPD Consent Decree] online (pdf): <US v. Baltimore Police - Consent Decree - January 12, 2017 (justice.gov)>
28 The OHRC facilitated dialogue between Dr. Wortley and the experts retained by the TPSB and TPS in recognition of the fact that there are some differences in methodological approaches to analysis although the bottom line conclusions are similar. The OHRC encourages continuation of that dialogue.
29 Standard 32 states: “[Public sector Organizations] must set thresholds for each outcome measure of a program, service, or function, which, if met or exceeded, indicates a notable difference. Thresholds must be: reasonable, set in good faith, and reflect engagements with affected communities; set consistently for all racial groups (different thresholds may not be set for different groups); and focused on adverse impacts or disadvantageous outcomes that would require remedial action.” See: Government of Ontario, Data Standards for the Identification and Monitoring of Systemic Racism (April 2022), online (pdf): https://files.ontario.ca/solgen_data-standards-en.pdf.
30 Notable disparities should be determined in accordance with Standard 32 of the Data Standards for the Identification and Monitoring of Systemic Racism (Setting Thresholds to Identify Notable Differences). See: Government of Ontario, Data Standards for the Identification and Monitoring of Systemic Racism (April 2022) online (pdf): https://files.ontario.ca/solgen_data-standards-en.pdf.
31 Ontario Human Rights Commission, Policy on Eliminating Racial Profiling in Law Enforcement (2019) online (pdf): https://www3.ohrc.on.ca/sites/default/files/RACIAL%20PROFILING%20Policy%20FINAL%20for%20Remediation.pdf The data collected should also include: the duration of the stop, whether the subject had or was perceived to have a mental health disability and the duration of the search
32 This data collection should also include:
(See: recommendations on reporting use of force from Chapter 7 of this report)
33 Office of the Chief Coroner, Jury Recommendations Inquest into the death of Jermaine Carby (16 May 2016), at recommendation 12.
34 Karen L. Amendola and Robert C. Davis, Best Practices in Early Intervention System Implementation and Use in Law Enforcement Agencies (November 2018) at 1, online: National Policing Institute <www.policefoundation.org/publication/best- practices-in-early-intervention-system-implementation-and-use-in-law-enforcement- agencies/?gclid=EAIaIQobChMIj73Fk8qX8QIVIWxvBB1KtAR1EAAYASAAEgLUMfD_BwE>.
35 See: New Orleans Police, New Orleans Police Department Operations Manual, Chapter 35.1.9: Insight: Early Intervention System (November 2016) online (pdf): https://nola.gov/getattachment/NOPD/Policies/Chapter-35-1-9-INSIGHT-EFFE... 12-2021.pdf/?lang=en-US%3E
36 As noted in chapter 10 – Gaps in Accountability Mechanisms, the TPS’s early warning system does not include race-based data and the TPSB Policy on race-based data collection, analysis and public reporting prohibits race-based data from being used in performance management. See Toronto Police Services Board, Race-Based Data Collection, Analysis and Public Reporting (September 2019) online: <https://www.tpsb.ca/policies-by-laws/board-policies/177-race-based-data-collection-analysis-and- public-reporting>
37 See: Ontario Human Rights Commission, Policy on Eliminating Racial Profiling in Law Enforcement (August 2019) online (pdf): https://www3.ohrc.on.ca/sites/default/files/RACIAL%20PROFILING%20Policy%20FINAL%20for%20Remediation.pdf. For greater detail the system should capture:
All instances where the TPS learns:
38 Example: New Orleans Police, New Orleans Police Department Operations Manual, Chapter 35.1.9: Insight: Early Intervention System (November 2016) online (pdf): <www.nola.gov/getattachment/NOPD/NOPD-Consent-Decree/Chapter-35-1-9- INSIGHT.pdf/.>
39 New Orleans Police, New Orleans Police Department Operations Manual, Chapter 35.1.9: Insight: Early Intervention System (November 2016) at 3, online (pdf): <www.nola.gov/getattachment/NOPD/NOPD-Consent-Decree/Chapter-35-1-9- INSIGHT.pdf/>
40 This applies to successor legislation of the Police Services Act e.g. Comprehensive Ontario Police Services Act (COPSA), 2019, S.O. 2019, c.1-Bill 68, online: <https://www.ontario.ca/laws/statute/s19001>
41 Ontario Human Rights Commission, Letter to Toronto Police Service and Toronto Police Services Board on its policy and procedure on body-worn cameras (October 28, 2020) online: <http://www.ohrc.on.ca/en/news_centre/letter-toronto-police- service-and-toronto-police-services-board-its-policy-and-procedure-body-worn>.
42 Avon and Somerset Police and Crime Commissioner, Independent Scrutiny of Police Powers Panel, online, https://www.avonandsomerset-pcc.gov.uk/get-involved/volunteering-opportunities/scrutiny-of-police-powers-panel/; Avon and Somerset Police and Crime Commissioner, Scrutiny of Police Powers Panel (18 May 2018) https://www.avonandsomerset- pcc.gov.uk/wp-content/uploads/2022/02/SPPP-Case-Review-Report-v0.1-EXTERNAL-29-May-18.pdf.
43 See chapter 9 – Accountability when third parties identify racial profiling and racial discrimination by TPS officers.
44 All references to the OIPRD should apply to the Law Enforcement Complaints Agency (LECA), as soon as LECA begins operation.
47 Section 11 of O. Reg 267/10 under the Police Services Act R.S.O. 1990, c. P.15, states that the chief of police shall cause an investigation into any incident where the SIU has been notified. The purpose of the chief’s investigation is to review the policies or services provided by the service and the conduct of its police officers. The chief must report his or her findings and any action taken or recommended to the board within 30 days after the SIU director advises the chief of police that they have reported the results of the SIU’s investigation to the Attorney General. O. Reg 267/10 was revoked on December 1, 2020. The Special Investigations Act, 2019 S.O. 2019, c. 1 Sch 5 and O. Reg. 268/10 came into effect on the same day. Section 32 of O. Reg. 268/10 states that the chief of police shall “cause an investigation to be conducted into any incident involving a police officer in the chief’s police force that becomes the subject of an investigation by the SIU Director.” The purposes of the investigation are the same as under O. Reg. 267/10.
48 The OHRC recommends that assessments be based on re-assessment scores and the number of complaints filed against the officer, and EIS data using benchmarks established by the independent monitor in consultation with the TPS external collection expert.
49 Assessment based on the percentage of crisis calls de-escalated by the officer.
50 This may require an amendment to the TPS’s Incident Response (Use of Force/De-escalation) Procedure (15–01). See: Toronto Police Services, Chapter 15: Incident Response (Use of Force/De-Escalation) & Equipment (June 2022) online (pdf):
<https://www.tps.ca/media/filer_public/3c/44/3c44bb8e-f95b-4d98-b02d-9ac61650e5f3/15-01_incident_response_-_use_of_forcede-escalation_20220627ext.pdf> and Evaluation Reclassifications and Appraisal Procedure (14–02).
51 Ontario Human Rights Commission, Submission of the OHRC to the Ministry of Community Safety and Correctional Services on the Strategy for a Safer Ontario (2016) at recommendation 19, online: <www.ohrc.on.ca/en/strategy-safer-ontario-
%E2%80%93-ohrc-submission-mcscs>. Recommendation 19 states: “Adopt and implement all measures necessary to ensure that police services and police services boards reflect Code-protected groups and the community they serve. Report on activities, outcomes (census data), and progress publicly.”; The recommendation was developed by the coroner’s jury in the inquest into the death of Jermaine Carby. A complete list of recommendations can be viewed online: Jury Recommendations, Inquest into the death of Jermaine Carby (16 May 2016).
52 For example, PRP’s Ethical Reporting Hotline (featured in the document below) could fruitfully inform revised recommendations under the ambit of duty to intervene. In TPSB meeting from June 22, 2022 it was noted that EIHR is currently in the process of developing a process for reporting of workplace harassment and discrimination. See: Toronto Police Services Board, “Public Meeting Minutes”, Workplace Well-Being, Harassment and Discrimination Review: Appendix C: Survey and Focus Group Questions (June 22, 2022) online (pdf) at 720: <https://tpsb.ca/jdownloads- categories?task=download.send&id=747&catid=62&m=0> at 720
53 This applies to the Police Services Act R.S.O. 1990, c. P.15 and successor legislation, e.g. Comprehensive Ontario Police Services Act (COPSA), 2019, S.O. 2019, c.1-Bill 68, online: <https://www.ontario.ca/laws/statute/s19001>
54 Jeff Asher and Ben Horwitz, “How do the Police Actually Spend their Time?” The New York Times (19 June 2020) online: www.nytimes.com/2020/06/19/upshot/unrest-police-time-violent-crime.html. “A handful of cities post data online showing how their police departments spend their time. The share devoted to handling violent crime is very small, about 4 per cent.” 55 For example, was an officer deployed to respond; how many officers were deployed, and how long did they remain at the scene?
56 Auditor General, A Journey of Change: Improving Community Safety and Well-Being Outcomes, Review of Toronto Police Services – Opportunities to Support More Effective Responses to calls for Service, (Toronto: June 2022) at page 20, online (pdf): <https://tpsb.ca/consultations-and-publications/items-of-interest?task=download.send&id=737&catid=65&m=0>
57 Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #2b, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism-policing.
58 Ontario Human Rights Commission, Strategy for Safer Ontario – OHRC Submission to MCSCS (April 2016), online: Strategy for a Safer Ontario – OHRC submission to MCSCS | Ontario Human Rights Commission
59 The OHRC notes that the Chair and the Executive Director of the TPSB sent a letter to the Solicitor General of Ontario which requested a review of the Province’s Use of Force Model, in response to the Police Reform Report (recommendation 48). Among other things, the letter requested that “any new provincial model focuses on de-escalation and minimizes use of force, especially with people in crisis.” The OHRC’s recommendation builds on this request. See: Letter from Toronto Police Services Board Chair to the Solicitor General of Ontario (5 January 2021) Request for a review of the Province's Use of Force Model, online: <667-recommendation-48-letter (tpsb.ca) >
60 This recommendations builds upon prior efforts including recommendation 49 from the Police Reform report which states: “Direct the Executive Director, in consultation with the Chief of Police, to review the Board’s Use of Force Policy, consult with internal and external experts, and propose to the Board by November 2020, amendments to the Policy that will align it with best practices to reduce death and injuries from the use of force by Service Members and with the Ontario Provincial Use of Force Model. Toronto Police Services Board,” Toronto Police Services Board, Police Reform in Toronto: Systemic Racism, Alternative Community Safety and Crisis Response Models and Building New Confidence in Public Safety (August 2020), online (pdf): 630-police-reform-in-toronto-august-2020-report (tpsb.ca) Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #3, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism- policing
61 Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #2, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism-policing.
62 In line with action 16, in Ontario Human Rights Commission, Submission on TPSB Use of Artificial Intelligence Technologies Policy, online: https://www.ohrc.on.ca/en/news_centre/submission-tpsb-use-artificial-intelligence-technologies-policy
63 This applies to the Police Services Act and successor legislation, e.g. Comprehensive Ontario Police Services Act (COPSA), 2019, S.O. 2019, c.1-Bill 68
64 Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #7, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism-policing.
65 This recommendation builds upon recommendation 43 from the Police Reform Report, which states: “Direct the Chair to write in support of City Council’s requests for changes to the Police Services Act and other applicable legislation or regulations that would expand the instances in which suspension without pay and revocation of a police officer’s appointment as a police officer are available and to support amendments that would, at a minimum, implement the relevant elements of the Police Services Act, 2018 that addressed suspension without pay and the relevant elements of the Policing Oversight Act, 2018 that created the ability to revoke a police officer’s appointment as a police officer in Ontario. (City Council #20; CABR #17.2)” This recommendation also seeks respond to community concerns and specify the type officer misconduct that could be the subject to the disciplinary action contemplated by TPSB’s letter of September 22, 2020, to the Solicitor General of Ontario, “supporting the City of Toronto's request for legislative amendments concerning suspension without pay and revocation of a police officer's appointment” (see: https://www.tpsb.ca/jdownloads-categories/send/60-policing-reform-deliverables/665-recommendation- 27-letter)
66 Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #4, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism-policing.
67 Ontario Human Rights Commission, Framework for change to address systemic racism in policing (29 July 2021), #5, online: www.ohrc.on.ca/en/framework-change-address-systemic-racism-policing.
68 See Auditor General, A Journey of Change: Improving Community Safety and Well-Being Outcomes, Review of Toronto Police Services – Opportunities to Support More Effective Responses to calls for Service, (Toronto: June 2022) at recommendation 2, online (pdf): <https://tpsb.ca/consultations-and-publications/items-of-interest?task=download.send&id=737&catid=65&m=0> “City Council request the City Manager, in consultation with the Toronto Police Services Board, to reiterate the City’s requests for funding commitments from the Government of Canada and the Ontario Government to support permanent housing options and to provide supports to address Toronto’s mental health and addictions crises. In doing so, the City should communicate to the other governments that a “whole-of-government” funding approach in these areas will be critical to building the infrastructure needed to support effective alternative response delivery and ensure the best possible outcomes for the people of Toronto.”
69 This applies to the Police Services Act and successor legislation, e.g., Comprehensive Ontario Police Services Act (COPSA), 2019, S.O. 2019, c.1-Bill 68.