August 28, 1998
TO:Toronto Emergency & Protective Services Committee
FROM:Norman Gardner, Chairman
Toronto Police Services Board
SUBJECT:PROPOSED UNARMED CONSTABULARY IN THE
CITY OF TORONTO
Recommendation:
It is recommended that the following report be received for information.
Council Reference/Background History:
At its meeting on August 27, 1998, the Toronto Police Services Board was in receipt of the
following report JULY 23, 1998 from David J. Boothby, Chief of Police:
"SUBJECT:PROPOSED UNARMED CONSTABULARY
RECOMMENDATION:THAT the Board receive this report for information, and that a
copy be forwarded to the Emergency and Protective Services Committee.
BACKGROUND:
The Emergency and Protective Services Committee at a meeting on March 24th, 1998
requested that the Chairman of the Toronto Police Services Board submit a report on the
feasibility of creating a city-run, unarmed constabulary to issue citations for traffic violations,
including traffic signals, stop signs, no turn restrictions, parking and speeding infractions.
There are a number of legal concerns, safety concerns and integrity concerns associated with a
city-run unarmed constabulary.
Feasibility of enforcement through direct contact with driver
Legal Concerns
Highway Traffic Act
The Highway Traffic Act is the Provincial Statute one normally refers to when researching the
rules of the road. This Act refers only to police officers when giving the power to direct traffic
(other than traffic control device or sign), to arrest without warrant those who fail to identify
themselves, to stop bicyclists and demand identification, to seize licences, and a number of
other actions.
Examples of these laws are quoted below:
The Highway Traffic Act, Part X Rules of the Road, states as follows:
"Section 216 (1) A police officer, in the lawful execution of his or her duties and
responsibilities, may require the driver of a motor vehicle to stop and the driver of the motor
vehicle, when signalled or requested to stop by a police officer who is readily identifiable as
such, shall immediately come to a safe stop.
Section 134 Direction of traffic by police officer - (1) Where a police officer considers it
reasonably necessary,
(a) to ensure the orderly movement of traffic;
(b) to prevent injury or damage to person or property, or
(c) to permit proper action in an emergency,
he or she may direct traffic according to his or her discretion, despite the provisions of this
Part, and every person shall obey his or her directions."
There are no powers given to any other citizen to stop a motorist or bicyclist or to direct
traffic within the Highway Traffic Act.
The question arises as to what a city-run traffic officer would do when confronted with a
person who is committing a criminal offence. An example is Section 254 of the Criminal
Code. Drive while disqualified. A person convicted of an offence such as impaired driving is
placed under suspension for a mandatory period of time. Should they drive, it is a criminal
offence. Any citizen may arrest a person whom they find committing this offence. A city-run
traffic officer will eventually stop someone committing an offence such as this. What training
will this officer have in: the powers of arrest; the use of force; the Charter of Rights; and in
procedures on how to safely arrest a person? What equipment will the officer possess -
handcuffs, batons, and/or portable radios?
These questions lead into the next concern, which is safety.
Safety Concerns
In the United States of America (USA), The Federal Bureau of Investigation (FBI) compiles
police-related statistics to assist law enforcement agencies to serve their communities better
and for the purpose of assisting in the training of the nation's officers. According to FBI
statistics, one of the most dangerous functions that law enforcement officers perform is the
enforcement of traffic-related offences. Between 1987-1996, ninety police officers were
murdered while performing traffic stops. The following tables represent the 1996 statistics:
Deaths
Murdered |
Died at traffic stop |
Died directing traffic |
11 |
48 |
58 |
Assaults by:
Firearms |
Knife |
Dangerous
Weapon |
Personal
Weapon |
320 |
93 |
824 |
4463 |
Canada
The USA has a different culture than Canada; however, we do share similar problems. In
Toronto, the Toronto Police Service Parking Enforcement Unit is a unit comprised of men and
women who are responsible for the enforcement of municipal parking by-laws. These officers
wear uniforms similar to police officers, are equipped with bullet-proof vests and portable
radios (which allows for direct calls for assistance) and deal for the most part with unoccupied
vehicles. However, the table below displays the high ratio of assaults and other crimes
committed against these officers in 1997 alone:
# of PET
Officers
Assaulted |
Arrested
Parties |
# of Assault
Charges |
Other
Criminal
Charges |
Persons still
Outstanding |
No
Charges
Laid |
43 |
38 |
42 |
16 |
5 |
5 |
Note: Statistics are not kept in Canada as they are in the USA regarding incidents at traffic
stops. Statistics are not available within the Service regarding this matter.
The stopping of vehicles is a dangerous task. Officers performing traffic-related stops do not
know who the vehicle occupants are or what their state of mind is. Officers who, due to their
assignments, make a large number of traffic stops are prone to lose their concentration in
relation to safety. After making tens of thousands of stops without incident, an officer may
suddenly be confronted with a dangerous situation.
Many drivers who would not normally be involved in any criminal activity find this type of
interaction with law enforcement officers (traffic-related stops) an extremely emotional event
and often react in many unpredictable and different manners which range from disgust to
extreme violence.
Persons who are wanted for criminal offences or have recently committed a criminal offence
may not know the difference between a city-run unarmed traffic officer and a sworn police
officer who is trained and armed.
A city-run unarmed constabulary would not have the training, the equipment, the access to
criminal information nor the quick police-related assistance that it would take to perform their
function safely.
Integrity Issues
Members of all police services in Ontario are governed by the Police Services Act (PSA).
This is a Provincial Statute that states the requirements to which police services boards, police
services and police officers are expected to adhere. This Act includes a discipline section that
has held up in numerous General Court challenges.
Uniformed officers of a city-run constabulary would be very visible representatives of the
City of Toronto. These officers would be seen by members of our community, tourists, media,
etc. The perception of integrity, discipline and professionalism is paramount. However, these
officers would not be governed by the Police Services Act. As city employees, they may
become members of CUPE. Discipline of union members is a much different affair from
discipline under the Police Services Act. This should be explored by City Legal for further
advice.
The PSA also restricts the activities of police officers during labour disputes. Police officers
are prohibited from striking in the Province of Ontario. A city-run unarmed constabulary, as
members of CUPE or another union, would not be prohibited from striking and may become
involved in picketing. They may choose to picket while in uniform for maximum exposure.
This would be an intimidating sight for most civilians, and would not portray a positive image
of the City.
Feasibility of enforcement without direct contact with driver
Legal Concerns
There are two main areas of legal concerns: changing the Highway Traffic Act to allow this
type of enforcement and the practicality of the 'hands-on' operations.
Changes/Additions to the Highway Traffic Act
A number of sections would require changes within the Highway Traffic Act. This subject
was touched upon earlier in this report. Additional legislation would also be required to be
made similar to the photo radar section in order for the concept of enforcement without
stopping the vehicle to be feasible. Estimated timelines for these additions and changes are
approximately 3-5 years, under normal circumstances.
Hands-on Operations
Presently, in order to convict a person of an offence contrary to the Highway Traffic Act,
evidence is given, in a court room setting, under oath, before a Justice of the Peace (JP). Most
of these courts have adopted the stricter guidelines set down by criminal courts.
A police officer who observes a motorist who fails to stop for a red light would normally
perform the following actions:
1stop the vehicle
2check the driver's licence, registration, and insurance
3check for other offences i.e. Seatbelts or criminal offences
Take notes recording:
1the make, colour & year of the vehicle
2the licence plate,
3the driver's information
4the number of occupants
5the date & time
6the road and weather conditions
7location of offence
8exact location where the vehicle was when the light turned red (how many meters back)
9vehicle direction and lane(s) occupied
10the cycle of the traffic lights
11that the lights were working properly
12any other pertinent information
Attend court:
1provide disclosure prior to court date
2attend court and give evidence
3be able to state that the traffic light that the defendant was facing had turned red
4any other information as required by the court including all the items listed above in the
notes.
A city-run traffic officer would not be required to give the driver's information under this
scenario; however, most of the other information would be required in order to register a
conviction. The question is whether a JP will believe, beyond a reasonable doubt, that a
city-run traffic officer, without the benefit of stopping the vehicle, was able to give the
following information:
1the make, colour & year of the vehicle
2the licence plate,
3the date & time
4the road and weather conditions
5location of offence
6exact location where the vehicle was when the light turned red (how many meters back)
7vehicle direction and lane(s) occupied
8be able to state that the traffic light that the defendant was facing had turned red
One would need to be an extremely good observer to be able to record all this information
about a vehicle and offence while the vehicle travels at approximately 60 km/h through an
intersection.
Convictions under this scenario are unlikely.
Conclusion
The legal, safety and integrity concerns associated with a city-run unarmed constabulary are
substantial enough to strongly state that the idea of a formation of such an entity would not
have the support of the Toronto Police Service.
Staff Sergeant Richard Murdoch (4401), of Traffic Services (Local 8-1900), will be in
attendance to answer any questions regarding this report."
Conclusions:
David Hutcheon made a deputation which was received by the Board.
The Board approved the establishment of a committee to review the issue of an unarmed
traffic constabulary. The committee will consist of representatives from the Toronto Police
Services Board, the Toronto Police Service, the Ministry of Transportation, the Ministry of
the Solicitor General, the Ministry of the Attorney General and City Legal.
The Board referred the Chief's report (dated July 23, 1998) to the proposed committee as well
as deferred consideration of the following motions to the above-noted committee:
"1.That the Board advise the Minister of Transportation that we do not support the proposed
unarmed constabulary program.
2.That the Chief prepare a report for the next meeting of the Board on the following issues:
i.With an aggressive zero-tolerance "Community Road Safety" enforcement campaign
(red light runners, rolling stops at stop signs, speeding in residential neighbourhoods and
school zones) what would be the estimated revenues that could be achieved?
ii.With the estimated revenues how many officers could be hired?
iii.The possibility of establishing a "Community Road Safety" enforcement unit?"
Contact Name and Telephone Number:
Staff Sergeant Rick Murdoch. Traffic Services Unit, telephone no. 808-1900.
Respectfully submitted,
Norman Gardner
Chairman
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