Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Saturday, May 19, 2012

Why won’t Chief Bill Blair say sorry for police actions during G20?

Say sorry, chief. Please.

It’s a word that has not passed Bill Blair’s lips in all the forelock-tugging and buck-stops-here declarations cascading from a slew of formal post-mortems on the G20 debacle.

Sorry that civil liberties were profoundly breached by his officers, at least 28 now facing disciplinary hearings.

Sorry that wrongful orders were given by his key senior commanders, four of whom have been identified at the very top of the policing pyramid.

Sorry that the tenor of disastrous confrontation was established by his then-deputy-chief: Take back the city.

Sorry that one-legged citizens, innocent bystanders and peaceful demonstrators were thrown into a hell-hole holding facility on Eastern Ave., where they had to beg for water and blankets and tampons and defecate in open view of jeering screws, with paperwork lost or never processed.

Sorry that Mounted Unit horses charged at defenceless protesters, that rubber bullets were fired at close quarters, that hundreds of unthreatening civilians were improperly corralled and held for hours in a torrential downpour, that riot police with weapons in hand rousted scores of sleeping students from a U of T building, that upwards of 1,100 people were arrested and the overwhelming majority subsequently had charges either stayed or withdrawn.

Sorry that for one miserable weekend in June 2010, Toronto was transformed into an unrecognizable city, an urban gulag where much of the lawlessness was perpetrated by law enforcement.

Sorry for the beatings, the unrestrained use of force, the top-down chaos and confusion, the unpreparedness of an integrated security horde.

Sorry that around 110 cops removed their identification tags, clearly with the full knowledge, therefore tacit approval, of their commanding officers on the ground.

Sorry that two constables — only two — have been charged with assault.

Sorry that it’s taken nearly two years — and almost one year since his own after-action report was released — to substantiate complaints so that disciplinary hearings under the Police Act can be scheduled.

Sorry for the divide that has cracked open between a city and its police service, where there had always been, generally, a high regard for professionalism and mutual courtesy.

Sorry because he, Blair, was in charge that calamitous Saturday — Black Bloc anarchists setting squad cars on fire, smashing storefronts, police at a loss to quell the marauders; cops boxing in some 300 marching protesters on The Esplanade, with no dispersal route provided. Though, when even that basic question was posed to Blair on Friday, “Were you directing officers in the city of Toronto?” the chief answered: “No, not directly. I am the chief of police and I was the chief of police that day. But there were operations commands being given by people at the Major Incidents Command Centre and by senior officers and by supervisors out on the road.’’

But they were his officers, his commanders, his supervisors, and Blair had been at the command centre himself late that afternoon, clearly livid, demanding answers to why police weren’t more visible on Yonge St.

Sorry: One little word that would go a long way toward recovering the trust that Blair so clearly seeks.

Why can’t you say it?

Is this a legal issue, because an apology might open the floodgates for compensation to those who believe they were seriously wronged that weekend?

Porter: We passively let police and politicians trample our rights

Blair has taken “responsibility’’ but that’s not the same thing. It implies he wasn’t at fault, at all. And, as he noted when also asked that question following the police services board meeting Friday afternoon: “No one has brought charges against me.’’

Under the Police Services Act, the board — which hired the chief — has the authority to monitor his performance. Complaints against any chief can be laid internally by the board or externally by the Office of the Independent Police Review Director (OIPRD), the civilian watchdog that this past week issued its scathing indictment of police actions during the G20 summit in Toronto.

Blair responded by announcing on Friday he will delegate a retired judge to conduct the disciplinary hearings of about 30 Toronto officers — the precise number not yet established but all of them below the rank of senior officer (defined as inspector up to and including staff superintendant) — where the OIPRD has substantiated complaints, plus two of four senior commanders identified (by the media, not the board) who are still on the force. Two others have already retired. The cases will be prepared by retired Crown attorneys and the hearings open to the public.

“I may have to use a number of judges because of the volume of cases,’’ Blair told reporters afterward. “There appears to have been a number of files that have been brought forward. What I’ve indicated to the board, and now to the public, is that in order to demonstrate the importance of these cases and to reassure the public that this matter will be dealt with appropriately, that I have the authority under the act — an authority rarely invoked — to use a judge and use a former Crown prosecutor. I’m hoping that public confidence in that process will be strengthened by having those independent, legally trained people make the prosecution and determination.’’

Procedurally, the board is required to authorize the serving of a notice of hearing brought forward more than six months after an event becomes known. Blair provided eight officers’ names to the board at a previous meeting and more were handed over Friday. He would not identify the individuals — said the act precludes him doing so — but their names will be made public once the charge sheets are filed.

“We’ll move ahead as expeditiously as we can,’’ said Blair. “I understand the sense of public urgency.’’

The Police Act charges against these officers range from discreditable conduct to abuse of authority. “All of the allegations identify some serious charges with respect to misuse of authority and/or excessive force. There were a number of less serious disciplinary matters that have already been dealt with by the service.’’

He will not resign.

“I’ve sent out a message today, directed to the people of Toronto, acknowledging the shortcomings of the police response to the G20 and outlining what I believe are my responsibilities as the chief of police, undertaking to address the recommendations (of the OIPRD report) and to act on them and also to hold individuals accountable where there’s a finding of misconduct. I think that’s my responsibility and that’s what I’ve told the people of Toronto I’ll be doing.’’

Was he ashamed of what happened? Blair sought refuge behind a thicket of dissembling words.

“I’m concerned with the shortcomings that have been identified. I think it has had an impact on public confidence, public trust. And as the chief of police, I know the value of the trust of the public. So I think we need to demonstrate a commitment to address those shortcomings, to make the changes necessary through our policy procedure, training or equipment to make sure that in any future operations that we have addressed those shortcomings so that we can do the best possible service for the people of Toronto.

“At the same time I know I am responsible for the conduct of my officers. I take that very, very seriously and I think public confidence as well is dependant on ensuring that police officers are subject to the rule of law and due process and I want to assure them by the steps that I’ve taken today that that will take place.’’

I remember the Bill Blair who cleaned up 51 Division, with its rogue cops and union hotheads. He’s arguably the best chief Toronto has ever had. I don’t think Blair should resign and he certainly won’t be fired.

Just say you’re sorry, chief. We need to hear it.

Original Article
Source: Star
Author: Rosie DiManno

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