6.1 Civil

6.1.1 Performance of Canada’s Police Services During the Pandemic

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.