Download Themes and Discussion Points - Canadian Association for Civilian

Canadian Association for Civilian
Oversight of Law Enforcement
June 6 - 8, 2010
Independence
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Who will Guard the Guardians?
(Quis custodiet ipsos custodes?)

Plato’s response of “…they will guard themselves against
themselves…” may not be sufficient today, but…
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To what extent should governments allow and support
oversight agencies in conducting their business independently?
Is there or should there be another level of review of oversight
agencies?
With the increasing practice of using retired judges to conduct
reviews of publicly contentious matters, would this mechanism
be effective in furthering the accountability process for the
public, the police and the politics of the day?
Do budgets affect independence – how should budgetary
arrangements be structured?
Does the “contemporaneous oversight model” have
implications for independence and the perception of
independence?
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Civilian Oversight
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Civilian Oversight:
Effective and Credible Performance

The common terminology is “civilian oversight as in
CACOLE’s name, but what does that mean in terms of
the effective and credible performance of the role?

Does it mean that police officers or former police officers
cannot or should not be engaged in the independent
oversight function?
If serving or former police officers can perform the role
are there special considerations for a successful
transition from policing duties to the performance of
oversight?
How is the confidence of the police, as well as that of the
broader community to be maintained?
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Transparency v. Confidentiality,
Privacy and Public Policy
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Transparency v. Confidentiality,
Privacy and Public Policy

If transparency is the hallmark of accountability and the rule of law, how
are considerations of confidentiality, privacy and broader public policy
to weigh in the balance, or are they?

Can or should oversight agencies within the same jurisdiction
interact or communicate information of mutual interest i.e.
relevant to the mandate of the other agency?
Can, should or must oversight agencies communicate evidence
of a crime to the police?
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What about in respect of the “unfounded” complainant – the “public
mischief-maker”?
What about where officer is influencing a complainant?
Can the power to screen out apparently frivolous complaints be
rationalized with the principle of transparency?
During the course of its process and at the end of the day what
information should be available to the parties and/or published,
posted etc.?
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Cooperation or Statutory Authority
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Cooperation or Statutory Authority

The expectation of willing cooperation on the part of all those engaged
in enforcing the law and maintaining public confidence in the process
would seem to be a “motherhood” concept. However, the statutes of
Canada’s oversight agencies have become increasingly more structure
and empowering….

Can the concept of “cooperation” be relied upon in the creation
of oversight mechanisms?
Can Chiefs of Police be relied upon to use their disciplinary
powers to enforce the provisions of the oversight legislation?
Should “witness” officers have the right to a lawyer?
How can the specter of public legal contests with tax dollars
pitted against tax dollars be avoided or, at least, minimized?
Has the time come for uniform legislation governing police and
oversight agencies across the country?
Should oversight legislation in the Administrative Law context,
legislate the duty to cooperate by Respondent officers?
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Themes
Independence

Who will guard the guardians? (Quis custodiet ipsos custodes?)

Plato’s response of “…they will guard themselves against themselves…” may not be
sufficient today, but…
Civilian Oversight

The common terminology is “civilian oversight as in CACOLE’s name, but what
does that mean in terms of the effective and credible performance of the role?
Transparency v. Confidentiality, Privacy and Public Policy

If transparency is the hallmark of accountability and the rule of law, how are
considerations of confidentiality, privacy and broader public policy to weigh in the
balance, or are they?
Cooperation or Statutory Authority

The expectation of willing cooperation on the part of all those engaged in
enforcing the law and maintaining public confidence in the process would seem to
be a “motherhood” concept. However, the statutes of Canada’s oversight
agencies have become increasingly more structure and empowering….
10