5.1.1 Performance of Canada’s Police Services During the Pandemic

Introduction

The reader is advised to review section 7.1.10 Policing During COVID-19 Pandemic: Balancing Authority and Citizens‘ Rights, contained in the original NCI Report of November 28, 2023.

The performance of Canada’s police services during the COVID-19 pandemic raises significant concerns regarding their independence and ability to uphold the rule of law. Despite overwhelming evidence of alleged fraud, loss of life, and violations of the Charter of Rights and Freedoms, no police service in Canada is known to be actively investigating or laying charges against any government officials or other entities involved in the implementation of pandemic mandates. This lack of action persists despite substantial evidence being presented to various police services across the country.

Lack of Investigations and Accountability

Throughout the pandemic, numerous allegations have emerged that suggest certain government actions and mandates may have violated laws and infringed upon the rights of Canadians. Reports of fraud, unnecessary loss of life due to enforced policies, and systemic rights violations have been meticulously documented and presented to law enforcement agencies. However, to date, there has been no significant response from Canada’s police services. No charges have been laid, and no investigations appear to be actively pursued.

This silence is troubling for several reasons. Firstly, it suggests a potential politicization of law enforcement agencies, where police services may be influenced or controlled by political agendas rather than acting independently to uphold the law. Secondly, it undermines public trust in law enforcement, as the police are perceived as failing to protect citizens’ rights and failing to hold accountable those who may have acted unlawfully during the pandemic.

Witness Testimony

Testimony of Donald Best

Donald Best is a retired Toronto Police Detective with extensive experience in major crime investigations and anti-corruption operations. He has been a vocal advocate for transparency and accountability within police services and government institutions. His career in law enforcement spans several decades, during which he has earned a reputation for integrity and thoroughness in his investigative work.

Testimony Concerning Ottawa Police Constable Helen Grus

During the NCI hearings in Regina on June 1, 2024, Donald Best provided compelling testimony regarding the case of Ottawa Police Constable Helen Grus. Constable Grus had been investigating the potential link between COVID-19 vaccinations and sudden infant deaths. Her investigation was met with significant resistance from within the Ottawa Police Service (OPS).

Best detailed how Grus’s inquiries were abruptly halted, and she faced internal disciplinary actions. The message sent by the OPS was clear: questioning the official narrative of the pandemic and the safety of COVID-19 vaccinations would not be tolerated. This stance by the OPS serves as a warning to police services across Canada, discouraging officers from independently investigating or questioning pandemic-related policies and decisions.

Government and Institutional Resistance

Donald Best’s testimony highlighted a broader issue of institutional resistance to scrutiny and transparency during the pandemic. The actions taken against Constable Grus are symptomatic of a larger effort to suppress dissent and prevent critical examination of the government’s handling of the COVID-19 response. This has serious implications for the integrity of law enforcement and the ability of officers to carry out their duties without fear of reprisal.

Revisions to the Ontario Policing Act

In his testimony, Best also discussed recent revisions to the Ontario Police Services Act. These revisions now require detectives to obtain approval from their supervisors before undertaking an investigation. Historically, detectives had the autonomy to initiate investigations based on their professional judgment and the evidence at hand.

Best speculated that this change is designed to further control the narrative and limit independent investigations that might contradict the government’s stance on pandemic measures. By requiring supervisory approval, the government ensures that only investigations aligning with the official narrative are pursued. This bureaucratic oversight undermines the independence of detectives and stifles genuine investigative work that is crucial for accountability and justice.

Implications for Police Services Across Canada

The implications of these developments are profound. They signal to police services across the country that there is little tolerance for questioning or investigating the government’s pandemic response. This creates an environment where officers may feel pressured to conform rather than seek the truth, which ultimately erodes public trust in law enforcement.

Donald Best’s testimony underscores the importance of maintaining independence and integrity within police services. It highlights the need for transparency and accountability, particularly in times of crisis. The actions taken against Constable Grus and the revisions to the Ontario Police Services Act represent a significant threat to these principles and warrant serious concern and scrutiny from the public and policymakers alike.

The Role of Police Services

Police services in Canada are intended to operate independently of the political class. Their primary role is to enforce the law impartially, without influence from political entities. This independence is crucial for maintaining the integrity of the justice system and ensuring that all individuals, regardless of their position, are subject to the same legal standards.

The apparent reluctance or refusal of police services to investigate potential wrongdoings related to the COVID-19 pandemic raises questions about their autonomy. Historically, police officers have had the authority and responsibility to investigate allegations of misconduct and to pursue justice based on the evidence. The current situation, however, reflects a departure from this principle, as political considerations seem to override the mandate of impartial law enforcement.

Troubling Implications

The silence and inaction of Canada’s police services during this critical period have several troubling implications:

• Erosion of Public Trust: The public’s confidence in law enforcement is eroded when police services fail to act on credible evidence of wrongdoing. This lack of action suggests that the police may not be a reliable safeguard against abuses of power.

• Perception of Bias: The perceived alignment of police services with political agendas creates a sense of bias and partiality. This undermines the fundamental principle of equal justice under the law and raises concerns about selective enforcement.

• Accountability Deficit: Without thorough investigations and accountability, those responsible for potential violations during the pandemic may never be held to account. This lack of accountability sets a dangerous precedent and may encourage future disregard for legal and ethical standards.

• Compromised Independence: The apparent influence of political considerations on police services compromises their independence. An independent police force is essential for a functioning democracy, ensuring that laws are applied fairly and consistently.

Conclusion

The performance of Canada’s police services during the COVID-19 pandemic reveals a troubling trend of inaction and potential politicization. Despite substantial evidence of possible illegal activities and rights violations, no significant investigations or charges have been initiated against those responsible for implementing pandemic mandates. This inaction undermines public trust, erodes the principle of equal justice, and compromises the independence of law enforcement.

It is imperative that police services in Canada reaffirm their commitment to impartiality and independence. By conducting thorough and unbiased investigations into allegations of wrongdoing, they can restore public confidence and uphold the rule of law. The silence of law enforcement during this critical time must be addressed to ensure that justice is served and that such oversights do not recur in the future.

Recommendations

Based on the witness testimony and the preceding discussion regarding Canada‘s justice system and its actions during the pandemic, the following are recommendations for improvements:

1. Separate the Roles of Canada’s Minister of Justice and Attorney General of Canada

• Rationale: Currently, Canada allows the same individual to perform both the roles of the Minister of Justice and of the Attorney General. The Minister of Justice is a political assignment, responsible for policy-making and political decision-making within the realm of justice. In contrast, the Attorney General serves as the country’s chief law enforcement officer, responsible for upholding the law impartially and without political influence. Combining these roles can lead to conflicts of interest and compromises the independence of the justice system.

• Recommendation: The roles of the Minister of Justice and the Attorney General must be separated and assigned to two different individuals. The Attorney General should be appointed on a non-political basis, selected purely on merit, professional qualifications, and experience in the legal field. This separation is required so that the administration of justice is carried out impartially and free from political influence, thereby enhancing the integrity and independence of Canada’s legal and justice system.

2. Establish Independent Oversight Bodies

• Create independent civilian oversight bodies at both provincial and federal levels to monitor police actions and hold them accountable. These bodies should have the authority to investigate police conduct and impose sanctions where necessary.

3. Strengthen Whistleblower Protections

• Implement robust protections for whistleblowers within police services to ensure that officers can report misconduct or undue political influence without fear of retaliation.

4. Mandate Transparency in Investigations

• Require police services to publicly disclose the status and outcomes of investigations into potential wrongdoing, particularly those related to government actions and public health mandates.

5. Enhance Training on Ethical Standards

• Provide comprehensive training for all police officers on ethical standards, the importance of impartiality, and the critical role of independence in law enforcement.

6. Implement Regular Audits and Reviews

• Conduct regular audits and reviews of police activities by independent bodies for compliance with legal standards and to identify any undue influence or misconduct.

7. Facilitate Public Access to Information

• Ensure that the public has access to information regarding police investigations and actions. This could include creating publicly accessible databases of complaints and their resolutions.

8. Strengthen Legal Frameworks for Police Independence

• Revise and strengthen legal frameworks to clearly delineate the independence of police services from political entities. This should include clear consequences for breaches of this independence.

9. Create Mechanisms for Public Input

• Establish mechanisms for regular public input and feedback on policing practices and policies. This could involve town hall meetings, public forums, and online platforms for citizens to voice concerns and suggestions.

10. Ensure Accountability for Inaction

• Develop clear policies and procedures to hold police services accountable for inaction, especially in cases involving significant public interest or potential rights violations. This should include disciplinary measures for officers and officials who fail to act on credible evidence.

11. Increase Funding for Independent Investigations

• Allocate dedicated funding for independent investigations into police misconduct and politically motivated actions to ensure that these investigations are thorough and unbiased.

12. Mandatory Reporting of Political Interference

• Introduce mandatory reporting requirements for any instances of political interference in police investigations, with strict penalties for non-compliance.

13. Public Education Campaigns

• Launch public education campaigns to inform citizens about their rights, the role of police, and the importance of police independence. This can empower the public to demand accountability and transparency.

14. Review and Reform Use of Force Policies

• Conduct a comprehensive review of use of force policies so that they remain aligned with best practices and human rights standards, and implement reforms as necessary.

By implementing these recommendations, Canada can address the systemic issues within its policing services, ensuring that they operate with the independence, transparency, and accountability required to uphold the rule of law and protect the rights of all citizens.