STRONG MESSAGE ABOUT UNLAWFUL CONDUCT SENT TO WATERLOO REGIONAL POLICE

James Lockyer, the lawyer for the biker improperly and illegally convicted on weapons charges, has stated that The Ontario Court of Appeal has sent both Waterloo Regional Police and other forces across Canada a "strong message". The message is that the courts will not tolerate either unconstitutional or illegal conduct by police forces. Waterloo Regional Police played fast and loose in searching private property without a warrant and then misled a judge into giving them a warrant for a second search. After that they back a third time and while they found weapons and other illegal goods all three searches were thrown out as evidence based upon the first illegal search and the followup lack of candor in obtaining a belated search warrant. This article titled "Freed biker's lawyer blast police" was published in yesterday's Waterloo Region Record.

Mr. Lockyer made it clear that the Constitution protects ALL Canadians from improper searches and seizure. Waterloo Region Crown Attorney Mark Poland stated that they are reviewing the matter in order to determine their next steps. An Application for Leave to Appeal could be sent to the Supreme Court of Canada although only 10% of those leaves to Appeal are successful. This is at least the third major black eye for our local police force this summer. At what point in time will an independent inquiry or investigation be called to look into our local forces internal problems and administration at the top levels?

IMAGINE THAT: OUR SENIOR WATERLOO REGIONAL POLICE LIED & BROKE THE LAW

The Ontario Court of Appeal is not amused by the behaviour of a senior investigating officer and his team. The Court indicated that Waterloo regional Police engaged in "systemic" misconduct in regards to a case that sent a Kitchener man to jail for eleven years. The title of the article in today's Waterloo Region Record is "Regional police, Kitchener judge erred in case that sent a Hells Angel to jail, court rules".

All convictions against Frank Strauss were overturned and the Appeal Court has ordered a new trial. He had been convicted based upon evidence from a second search of his property with a search warrant. The very first search had been conducted with no legal grounds whatsoever and hence no search warrant.

One would think by now that our Regional Police would have learned not to take short cuts when dealing with our local biker gang. Way back in the 70s they pulled similar stunts and worse which ended up with officers being demoted and Sid Brown the Chief being fired, albeit somewhat prematurely. That legal case went on for years and it gave police, police board and politicians all a black eye for a very long time.

ALLEGATIONS OF CRIMINAL WRONGDOING

Will it take some form of provincial or federal Inquiry into systemic police misconduct across Canada or can the responsible authorities do the job themselves? It would seem that according to the allegations with included evidence provided by Kelly Donovan that it is unlikely that the local Crown Prosecutors are up to the job. Instances of favouritism and discrimination in the laying of criminal charges are alleged. These instances swing both ways with guilty parties given a pass as well as frivolous charges laid against officers simply to harass them. While these cases require close scrutiny by independent authorities, so too do the cases of Police Service Act charges being laid either for harassment or out of outright vindictiveness. All these allegations deserve independent and professional investigation from persons who are not dependent upon the good will of the various police forces..

CSIS MORE OF THE SAME

When are our authorities (ie. politicians) going to get the lead out and start making police agencies including the RCMP, provincial police and even CSIS transparent and accountable? In the July 15, 2017 Waterloo Region Record there was an article titled "Canada's spy agency faces harassment, discrimination lawsuit". It turns out that while CSIS depends on and relys on Muslim employees at the same time they distrust and discriminate against them. Five emplyees have filed suit against what they describe as an old boys club culture at CSIS.They allege that advancement is based upon personality, internal friendships and not on merit. The discrimination is against not only Muslims but allegedly against homosexuals as well. In the long run this kind of behaviour lessens and weakens police forces whether municipal, provincial or federal and the same thing goes for national intelligence agencies. If their own employees know something is rotten from within how likely are they and their colleagues to perform their duties at their best?

SYSTEMIC POLICE HYPOCRISY & COVERUPS

Last Tuesday the Waterloo Region Record carried the following story titled "Ex-officer criticizes police for "bullying". The sub-title in my opinion is a more accurate depiction of Kelly Donovan's 93 page Report. The sub-title was "Kelly Donovan says forces go after those who make internal complaints".

First of all Ms. Donovan's Report does not focus solely on the Waterloo Regional Police of which she was a member until she resigned this past June. She also makes it clear in her Report and via footnotes that her data comes from a number of already published and public sources. Part of her overall theme is that Waterloo Regional Police are not inherently any nastier, more corrupt or of lower ethics than any other forces. The problem is across the board both here in Ontario and across Canada. It is a culture unto itself and whether through inadequate legislation, typical human abuse of authority or public policy dealing with police accountability and transparency; the problem has grown out of control.

The public are paying for far too many internal witch hunts and discipline of police officers who have expressed usually through the chain of command, concerns that need to be addressed. Possibly some complaints might be indeed frivolous but many of those she details are from it. They need to be addressed honestly and forthrightly. Taxpayers should not be paying for so many Police Act charges dealing with mere dissent within the ranks. Taxpayers should not be paying for so many police officers on suspension, often for again either dissent or other trivial matters. Good police officers who are unpopular or who ask too many questions should not be hounded out of our police forces. That is a huge waste of time, talent and training.

MESSY CUSTODY DISPUTE INVOLVING WATERLOO REGIONAL POLICE

Well after last month's class action lawsuit filed against the Waterloo Regional Police, followed by last week's revelations in a 93 page document produced by Kelly Donovan; is it possible for any other local police behaviour to be labelled as weird. Well apparently so. Today's Waterloo Region Record carries an article titled "OPP loses appeal in custody dispute involving Waterloo Region police officer".

Get a load of this: a local police officer is in a nasty custody type dispute with his ex-wife involving their ten year old daughter. He's alleged that she had assaulted their daughter and she's alleged that nine years ago he had assaulted her. Nearly two years ago the father thought that having a couple of his buddies (off-duty cops) along as observers at the access exchange site was a good idea. A local judge disagreed and ordered the OPP to take over as observers and keepers of the peace during these exchanges. The OPP promptly took the matter to the Ontario Court of Appeal. Seems they didn't like the judge's plan.

Well the OPP have just lost and must now assist in these access exchanges. Interesting. I wonder how many other parents, whether father or mother, would like a police escort to help keep things civil during handoffs of their children back and forth. Is there something in the water here in Waterloo Region? Is this even remotely normal behaviour between separated or divorced parents? Is there some systemic problems with the hierarchy of the Waterloo Regional Police that is contributing to the poor behaviour of their front line officers? Could it be simply bad hiring of particular police officers in the first place? Whatever it is the natives are getting restless. I would say that our local force is about one dandy crisis away from the province stepping in and doing a housecleaning.

INTENTIONAL IMBALANCE OF POWER

Families of people shot by police officers will now receive funding allowing them to hire lawyers for coroner's inquests. Karyn Greenwood-Graham who founded the group Affected Families Of Police Homicides stated that formerly it was an intentional imbalance of power making it difficult for families to be on an equal footing with other parties at inquests including police boards and police officers. The title of the article in the July 15/17 Waterloo Region Record is "Families of those shot by police can get funding".

This funding is one of the recommendations in the review of Ontario's police oversight bodies by Justice Michael Tulloch, made public last April. The inquest into the death of Michael MacIsaac, shot by officer Brian Taylor, is set to start in Toronto a few days ago. The vast majority of police related deaths in Ontario do not result in criminal charges. Critics point out that this is due to the fact that Crown Attorneys rely on charges being laid by police in which they then prosecute based upon investigations done by police.