5.6.2 Political Influence and Institutional Constraints on Law Enforcement

Recommendations

Considering the testimonies of Vincent Gircys and Amrit Birring, as well as the previous National Citizens Inquiry (NCI) reports, the following recommendations can be made to address political influence and institutional constraints on law enforcement in Canada:

1. Enforcement of the Criminal Code to Protect Children:

• Law enforcement agencies must consistently apply and uphold the Criminal Code of Canada to ensure the protection of children from all forms of exploitation, abuse, and harm. This includes:

• Investigating and prosecuting violations related to child endangerment, including those under Section 171.1 (Making sexually explicit material available to children).

• Ensuring accountability for individuals and institutions that fail to act on credible reports of harm to children.

• Removing political and institutional barriers that obstruct the enforcement of child protection laws.

2. Strengthen Police Independence from Political Influence:

• Legislative Reform:

• Separate the roles of minister of justice and attorney general for the federal and provincial governments.

• Amend the Community Safety and Policing Act (Ontario) and other provincial police acts to explicitly prohibit political interference in law enforcement decisions.

• Establish mandatory transparency mechanisms requiring police agencies to publicly disclose any political directives that affect investigations.

• Oversight Mechanisms:

• Create an Independent Police Integrity Unit to investigate cases of political coercion in law enforcement, particularly when officers are prevented from investigating sensitive topics (e.g., Helen Grus' case).

• Create a citizens oversight committees on policing to ensure law enforcement remains independent.

3. Protection for Whistleblower Police Officers:

• Strengthen Whistleblower Protections:

• Amend police conduct regulations to include explicit protections for officers investigating misconduct within their own departments.

• Introduce criminal penalties for police executives who intimidate or retaliate against whistleblower officers.

• Create an independent reporting system where officers can submit misconduct concerns outside their chain of command.

4. Address Police Inaction on Sensitive Issues:

• Mandatory Investigation Protocols:

• Enforce strict requirements for law enforcement to investigate all criminal complaints, regardless of political pressure.

• Implement consequences for officers or agencies that fail to act on valid complaints.

• Require police to track and publicly report investigations that were dismissed for "lack of evidence," ensuring transparency and accountability.

• Independent Civilian Review for Unaddressed Complaints:

• Establish a civilian oversight body to audit cases of police inaction when citizens report legitimate concerns.

• Empower the public to appeal police decisions on non-investigated cases.

• Ensure that all provinces have a private complaint mechanism that allows an individual or group of individuals to bring a request for a criminal investigation directly to the court, which can then order and follow-up on it.

5. Reform Law Enforcement Leadership and Recruitment Practices:

• Merit-Based Leadership Selection:

• Reinstate the merit based criteria to hire police officers, instead of diversity, equity and inclusion considerations.

• End politically motivated appointments for police leadership positions.

• Implement public hearings and oversight panels for selecting Chiefs of Police.

• Disqualify candidates with known political affiliations from law enforcement leadership roles.

• Police Culture Reform:

• Ensure that police take an oath to serve and protect the public, reinforcing their duty to act in the best interests of the people.

• Introduce mandatory ethics training to reinforce constitutional rights and nonpartisan policing.

6. Reaffirm the Supremacy of Constitutional Rights in Law Enforcement:

• Mandatory Constitutional Training:

• Require all officers to receive training on constitutional rights and the supremacy clause, ensuring they refuse to enforce unlawful orders.

• Accountability for Past Violations:

• Investigate and, where appropriate, hold accountable police chiefs and government officials who knowingly enforced unconstitutional measures.

• Provide legal amnesty and reinstatement for officers who were removed for refusing to enforce unlawful orders.

• Investigation on government actions:

• Alleged crimes by elected officials must be investigated and prosecuted rather than being considered as ethics violations.

7. Re-establish Trust Between Law Enforcement and the Public:

• Public Engagement and Transparency:

• Implement regular town hall meetings where police agencies must answer to community concerns.

• Require police agencies to publicly disclose funding sources, outside advisory influences, and policy changes that impact law enforcement priorities.

◦ Localized Policing Models:

• Consider adopting an elected sheriff system (as used in the United States), where local communities have direct oversight of law enforcement leadership.

• Decentralize policing to increase local accountability and responsiveness to public concerns.

The testimonies of Vincent Gircys and Amrit Birring, alongside prior NCI reports, reveal a crisis of integrity in Canadian law enforcement. To restore public trust, police independence, and institutional accountability, these reforms must be implemented.

Without meaningful change, law enforcement will continue to be weaponized for political interests, failing in its duty to protect citizens and uphold justice, and thus harming children.