Inside Queen's Park
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INSIDE QUEEN’S PARK Vol. 31, No. 15 GOVERNMENT AND POLITICAL ANALYSIS July 24, 2019 Province failing to implement police de-escalation training review, ombudsman says By Jack Hauen The provincial government has not yet implemented a review of how police are trained in de-escalation tactics, which was supposed to come by the summer of 2018, Ontario's ombudsman said in a recent report. In his 2018-19 annual report, Ombudsman Paul Dubé wrote that three years after a damning 2016 report from his office that found police sorely lacking in training on how to "use their mouths" instead of their guns, key recommendations remain unaddressed. The 2016 report found a "shortfall in provincial guidance on the use of force and de-escalation" and made 22 recommendations — including more training for officers on mental health issues and scenario-based training — all of which were accepted by the previous Liberal government. One of those recommendations was a requirement for officers to use de-escalation tactics before resorting to force. While the current government passed the Comprehensive Ontario Police Services Act in March — which requires de-escalation training for all officers — a review of the training curriculum is more than a year behind schedule, Dubé said. "The Ministry (of Community Safety and Correctional Services) advised us in April 2018 that a review of the Ontario Police College’s de-escalation training curriculum would be completed by summer; it still has not been finalized," Dubé wrote in the annual report released in June 2019. He added that the current government has told him it "continues to research" the use of police body cameras, among other recommendations from the 2016 report still not implemented. In an April 3, 2018 release, the former Liberal government promised to "transform" de-escalation training in the province, saying it would design a new curriculum using "evidence-based critical decision tools to guide police officers while performing their duties." The release said the framework would be established by summer 2018. Ministry of the Solicitor General spokesperson Brent Ross said the ministry is still in the process of "conducting a scientific review and supporting evidence-based research that will inform the government regarding de-escalation practices, the efficacy of police training on de-escalation, and how it relates to the current use of force model in Ontario." The ombudsman's office did not respond to a request for comment. Dubé's 2016 report, titled "A Matter of Life and Death," outlined dozens of cases in which investigators found police could have practiced de-escalation instead of killing someone. Many victims were experiencing a mental health crisis, sometimes armed with a small or awkward weapon like a hammer or table leg. It noted that hundreds of recommendations had been made to improve police responses over the years through coroner’s inquests, a retired Supreme Court Justice and others. "Over and over, dating back nearly three decades, these reports and recommendations have emphasized the importance of police using de-escalation techniques when dealing with people in crisis. They call for simple directions, such as calmly offering to help, instead of shouting, with guns drawn. Yet very little has been done to implement this advice," the report stated. A government-commissioned University of Toronto study covered in the Toronto Star echoed the report's findings two years later, finding that de-escalation training is inconsistently applied throughout the province — and that the Ontario Police College, where all new recruits are trained, teaches only "superficial" de-escalation techniques. “Based on research, we recommend a paradigm shift in policing: a movement away from a focus only on weapons and tactics to a focus on the individual officer,” said the report, written by a team of researchers led by psychologist Judith Andersen, who studies training and stress response in police. The study, which is not available to the public, recommends standardizing and increasing de-escalation training across the province. Complaints have risen in a number of other policing-related areas, Dubé wrote in his report. In youth custody facilities, the ombudsman's office received 47 complaints in 2018-19, up from 15 and 20 over the past two years, respectively. Dubé said he and his staff plan to visit several of these facilities over the next year. The office also received 483 complaints about lockdowns in 2018-19, up from 437 the previous year. Most complaints were related to inmates lacking access to phones, showers, day rooms or activities. Nearly 200 inmates were placed in lockdown due to a staff work slowdown or summer vacations, Dubé wrote. "Many inmates complained that long periods of lockdown were harmful to their mental health, as they were deprived of many basic necessities and the ability to contact loved ones or lawyers," he said. Dubé also received a letter from 21 inmates at one detention centre who wrote that Indigenous inmate mental health was becoming an “ongoing crisis.” Dubé said his team found there were at least five jails lacking a Native Inmate Liaison Officer (NILO) — a position established in response to the federal Truth and Reconciliation Commission’s calls to action to enhance cultural supports for Indigenous inmates. "At three of these (facilities), staff told us that recruiting a NILO was difficult and that the relationship between Indigenous communities and the ministry needed to be strengthened," Dubé wrote. INSIDE QUEEN’S PARK Premier dismisses questions about influence of lobbying firm owners By David Hains LUCAN, Ont.—The way Premier Doug Ford sees it, all those stakeholders hiring lobbyists are wasting their money. "No one can influence Doug Ford," contended the premier, who spoke in the third person. He was responding to questions at an announcement in the London-area following a Globe and Mail report about Chris Froggatt and Kory Teneycke, the principals of top lobbying firms Loyalist Public Affairs and Rubicon Strategy, which described the extent of the influence of the former Ford campaign officials in this government. The premier brushed off questions about the state of affairs, arguing that his government is above reproach. "I'll take political advice, but no one interferes in the decisions of cabinet as a whole," said the premier, who then pivoted to talking up the economy. The premier declined to tighten lobbyist standards at Queen's Park, which offers less clarity than federal guidelines that outline the conflict of interest risks for political professionals who are connected to lobbying activities and also help with political activities like campaign strategy or communications. The Globe report landed as the government continues to struggle to turn the corner on its patronage scandal which broke more than four weeks ago, and has resulted in eight departures of staffers and appointees, including the premier's former chief of staff, Dean French. At his first press availability in Ontario since the scandal broke, the premier was dogged by questions on the issue despite a feel-good announcement about investing in broadband and cellular infrastructure in rural Ontario. The premier said he doesn't speak to French, his former top confidant, anymore. He added that he wishes French all the best. The impatient premier offered curt responses to questions related to French and the patronage scandal. He said that he already addressed the issue in Calgary and Saskatoon, and that everyday Ontarians, unlike the media don't ask him about the issue. "When I'm out there, I don't hear about this," he said, claiming that the media has its own "agenda" and that the patronage scandal was "an old story." But on one query from IQP, the premier appeared confused and responded to a question about Froggatt's and Teneycke's roles in his administration by instead addressing the ongoing patronage scandal. On the appointments, the premier promised that the government was working to improve, but he offered little in the way of details. "We're putting a new process in place to make sure that everything is transparent. I look forward to doing that." Last week IQP reported that pending appointments will be reviewed by the premier's office, and the appointment process itself is being reviewed by Treasury Board. A recent public opinion poll conducted by Corbett Communications for the Toronto Star revealed that trust in government is a top-of-mind issue for Ontarians right now, with 57 per cent agreeing with a question that characterized the government as "corrupt" and 63 per cent agreeing that the government has appointed too many "cronies." The public perception threatens to undermine the Ford Nation brand, which was built on a populist agenda of respecting taxpayer dollars and putting everyday voters first. Despite trying to keep out of the news in the summer Ford continues to poll poorly, with Corbett Communication finding in its July 9-10 poll that his net approval rating is a dismal -49 percentage points, and Abacus Data releasing results that showed him at -38 percentage points. Green Leader Mike Schreiner slammed the approach from the PCs as failing to uphold their promise to be better on trust and accountability than the previous government. "If the heads of lobbyist firms are moonlighting as Ford’s closest advisers, then the Premier is playing the same backroom game he railed against the Liberals." Schreiner explained what he saw as the risks of the relationship between principals of lobbyist firms and the premier's office. "This is dangerous for democracy. It prevents unbiased decision-making in the public interest. I urge Premier Ford to tighten rules for lobbyists and increase transparency rather than conducting business under a cloak of darkness." The announcement in Lucan was meant to highlight a $315 million investment over five years in internet and cellphone service in rural and remote communities, which the government said would offer "new connections for up to 220,000 homes and businesses." The government's plan allocates $150 million for a new broadband fund, which will be aligned with federal funds and private sector involvement.