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Appendix 8 - Status of requests to the TPS, TPSB and SIU

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SIU

OHRC request

OHRC request date

SIU response

SIU response date

The full investigative files of TPS officers that were initiated, completed, and closed between January 1, 2010 and June 30, 2017, and ongoing SIU investigations of TPS officers that were started on or before December 31, 2016.

June 30, 2017

The OHRC received information electronically from investigative files (with the exception of cases before the courts and active investigations) for cases initiated, completed, and closed between 2013 and 2017.

The OHRC received the information on an ongoing basis between September 2017 and July 2018.

Interview with Director of the SIU, Joseph Martino

 

Director Martino agreed to be interviewed by the OHRC. The interview was recorded to ensure accuracy.

The interview was held on May 26, 2022.

 

 

TPSB

OHRC request

OHRC request date

TPSB response

TPSB response date

1. Policies, procedures, orders, training materials, and other documents and things from January 1, 2010 to June 30, 2017, including any updates made during this period, that provide guidance on:

  • officer use of force
  • body-worn cameras
  • in-car camera systems
  • recordings taken by bystanders or witnesses
  • the particular offences listed by the OHRC
  • forms of release
  • racial profiling, racial discrimination, and racial harassment
  • carding/street checks
  • bias
  • cultural competency
  • Toronto Anti-Violence Strategy (TAVIS).

 

2. Documents and things from January 1, 2010 to June 30, 2017 that may evaluate TPS and/or TPSB anti-racism initiatives in service delivery.

June 30, 2017

The TPSB provided relevant policies, reports, minutes, and other documents in its possession.

The OHRC received the information on an ongoing basis between September 5, 2017 and November 16, 2020.

3. Responses from the TPSB to written questions in the areas of:

  • onboarding and training
  • policies, procedures, and committees
  • identifying, monitoring, and addressing anti-Black racism, racial profiling and racial discrimination of Black people in service delivery
  • selecting the Chief of Police
  • Board and officer diversity
  • anti-racism initiatives
  • stop and question practices
  • regulated interactions
  • officer accountability for findings of racial profiling and racial discrimination by the Human Rights Tribunal of Ontario (HRTO) and courts
  • officer accountability for misconduct flagged by the SIU Director
  • race-based data collection policy
  • Anti-Racism Advisory Panel (ARAP) and the implementation of the Loku inquest recommendations
  • quotas/targets
  • pre-charge diversion.

January 22, 2020

The TPSB provided written responses to the OHRC’s questions.

The OHRC received written responses on May 28, 2020, July 27, 2020, and November 16, 2020.

3. Interview with former member of the TPSB, Uppala Chandrasekera.

October 1, 2020

The TPSB facilitated the interview.

The interview was held on October 28, 2020.

4. Interviews with former Co-Chair of the TPSB’s ARAP, Dr. Notisha Massaquoi.

 

The TPSB facilitated the interviews. The interviews were recorded to ensure their accuracy.

The interviews were held on April 22 and May 16, 2022.

5. Interview with the Community Co-Chairs of the TPSB’s Mental Health and Addictions Advisory Panel, Steve Lurie and Jennifer Chambers.

 

The TPSB facilitated the interviews. The interviews were recorded to ensure their accuracy.

The interviews were held on May 6 and June 9, 2022.

6. Interviews with TPSB then Chair, Jim Hart and Ryan Teschner (then Executive Director and Chief of Staff, TPSB).

 

Then Chair Hart and Mr. Teschner agreed to be interviewed and they were jointly interviewed. The interviews were recorded to ensure their accuracy.

The interviews were held on October 14, 2022 and December 9, 2022.

 

 

TPS

OHRC request or modified request

OHRC request date

TPS response

TPS response date

1. Manuals, definitions, variable and value labels, guides, instructions, and other background documents that are relevant to the Criminal Information Processing System, Field Information Report, and Versadex databases, or provide guidance on database input and output of carding/street checks, use of force, the data on charges and arrests sought.

June 30, 2017

The TPS provided relevant documents in its possession.

 

The TPS provided written descriptions of the variables and value codes on the data produced to date.

December 18, 2017 and February 27, 2018

 

September 4, 2018

2. Carding/street checks submitted by TPS officers between January 1, 2010 and June 30, 2017.

June 30, 2017

The OHRC received adult carding data between January 1, 2010 and November 6, 2013.

The OHRC received adult carding data between November 6, 2013 and June 30, 2018.

February 1, 2018

 

September 4, 2018

3. Use of Force Reports and data from related General Occurrence Reports between January 1, 2010 and June 30, 2017.

June 30, 2017

 

 

4. Modified request: Use of Force Reports from July 1, 2016 to June 30, 2017, linked to General Occurrence Reports.

November 8, 2017

The OHRC received Use of Force Reports from July 1, 2016 to June 30, 2017.

December 18, 2017

5. Additional request: Illness/Injury Reports.

March 8, 2018

The OHRC received January 1, 2015 to June 30, 2017 Illness/Injury Reports.

April 11, 2018

6. General Occurrence Reports corresponding to the Injury Reports from January 1, 2015 to June 30, 2017.

July 25, 2018

The OHRC received the General Occurrence Reports corresponding to the Injury Reports from January 1, 2015 to June 30, 2017.

September 4, 2018

7. Documents and things that describe whether, how, and when the information in (3) and (4) is currently stored and accessed and was stored and accessed between January 1, 2010 and June 30, 2017.

June 30, 2017

The TPS provided documents that included its use-of-force procedures, reports to the TPSB on access to historical carding data from the first two quarters of 2017, and the Chief’s 2012 Internal Organizational Review related to carding.

The TPS advised the OHRC how carding data was viewable.

December 18, 2017, February 9, 2018, October 2, 2018

8. Data from charges laid and any accompanying charges and arrests made, including form of release/release type between January 1, 2010 and June 30, 2017 for the following charges/offence categories:

  • out-of-sight driving offences, e.g., driving without a license or insurance
  • simple drug possession
  • obstructing a police officer, assaulting a police officer, assaulting a police officer to resist arrest, and uttering threats against a police officer
  • loitering, causing a disturbance and trespassing
  • failing to comply with a bail condition or condition of release required by a police officer.

June 30, 2017

The OHRC received adult charge, arrest and release data.

February 1, 2018

9. Policies, procedures, orders, training materials, and other documents and things from January 1, 2010 to June 30, 2017, including any updates made during this period, that provide guidance on:

officer use of force

body-worn cameras

in-car camera systems

recordings taken by bystanders or witnesses

the particular offences listed by the OHRC

forms of release

racial profiling, racial discrimination and racial harassment

carding/street checks

bias

cultural competency

TAVIS.

June 30, 2017

The TPS provided relevant documents in its possession.

February 27, 2018, March 6, 2018, April 27, 2018, March 9, 2020, April 28, 2020, June 13, 2020, June 19, 2020, September 4, 2020, March 16, 2021, March 31, 2021, June 15, 2021

10. Additional forms and procedures for performance and accountability in place between January 1, 2010 and June 30, 2017.

July 25, 2018

The OHRC received these documents.

September 2, 2018

11. Letters, memorandums of understanding or other agreement authorizing the TPS to act as agents for the Toronto Community Housing Corporation to enforce the Trespass to Property Act.

June 30, 2017

The TPS did not provide these documents as a result of its resources.

December 18, 2017

12. Modified request: Agreements for two complexes as a starting point.

July 25, 2018

The TPS provided relevant documents regarding the following divisions: 11–14, 22, 23, 31–33, 41–43, 53–55.

September 2, 2018

13. Documents and things, including research undertaken or commissioned by the TPS from January 1, 2010 to June 30, 2017, that may show that the TPS has analyzed or developed systems to review whether the following TPS practices disproportionately affect racialized people:

  • use of force
  • stop and question
  • charging
  • arrest
  • release.

June 30, 2017

The TPS provided, among other things, reports on community focus groups held for the TPS, signed research agreements with external parties and materials related to the Project Charter.

December 18, 2017; February 9 and 27, 2018

14. Documents and things from January 1, 2010 to June 30, 2017 that may show how the TPS addresses racial profiling or racial discrimination involving TPS officers, including findings in decisions of the HRTO, civil courts and criminal courts, from a disciplinary perspective.

 

15. Documents and things that show whether and how the TPS responded to or addressed the findings in specific cases.

June 30, 2017

The TPS refused to provide any disciplinary information that arises under Part V of the Police Services Act.

 

The TPS did provide Business Plans, Service Performance Reports, Project Charter documents, and the DiversiPro report on intercultural competence.

December 17, 2017

 

February 9, 2018

16. Modified request:

Aggregated data by year between 2010 and 2017 on the number of officers who were found by the TPS to have engaged in racial profiling, racial discrimination, or racial harassment as a result of findings of racial profiling or racial discrimination in decisions of the HRTO, civil courts, and criminal court.s

A summary of the range of disciplinary actions taken by the TPS in relation to the officers above without revealing information about the officer.s

July 25, 2018

The TPS provided responsive information.

October 2, 2018

17. Decisions of the TPS Disciplinary Tribunal and Notices of Hearing related to the conduct of the officers where there have been findings in specific cases.

July 25, 2018

April 8, 2019

The TPS asked for a list of officer names. The OHRC provided this list on September 6, 2018. The TPS provided responsive information.

August 31, 2018

May 10, 2019

18. Documents and things from January 1, 2010 to June 30, 2017 that may evaluate TPS and/or TPSB anti-racism initiatives in service delivery.

June 30, 2017

The TPS sent its strategy management environmental scans between 2010 and 2013.

December 17, 2017

19. Annual violent crime rate and total crime rate in each of Toronto’s patrol zones between 2010 and 2017.

June 30, 2017

The TPS provided crime rates and crime counts by patrol zone for crimes against persons and property.

The TPS provided instructions on how to use its TPS Crime App.

November 17, 2017

 

March 6, 2018

20. Interviews with TPS senior command about policies and procedures, anti-racism initiatives, accountability mechanisms, and responses to reports. Follow-up questions from interviews were also posed and answered in writing.

 

December 23, 2019

The TPS scheduled OHRC interviews with members of TPS senior command, which were conducted between February 2020 and July 2020. Interviewees signed acknowledgements confirming that the OHRC’s interview notes reflected the content of the interviews.

Outstanding acknowledgments include those from:

  • Mark Saunders, former Chief of the TPS
  • Myron Demkiw, then-Staff Superintendent of Corporate Risk Management.

 

February 2020 to August 2021

21. Additional interviews with TPS senior command about policies and procedures, anti-racism initiatives, accountability mechanisms, and recommendations. Follow-up questions from interviews were also posed and answered in writing.

March 2022 to November 2022

The TPS scheduled additional OHRC interviews with members of TPS senior command, which were conducted between June and November 2022.

These interviews were recorded to ensure their accuracy.

March 2022 to November 2022

22. Interviews with members of the Black Internal Support Network (BISN).

March 2022 to May 2022

A Chief’s direction (649 memorandum) was issued, which allowed the OHRC to reach out to BISN members directly and that no disciplinary action would be taken based on the interviews.

Interviews were held between July and September 2022

23. Email communication to all officers requesting their feedback on the OHRC’s Inquiry.

December 23, 2019, December 17, 2020 and March 3, 2021

The OHRC reached out to the TPS about holding focus groups with TPS officers. However, due to concerns raised by the Toronto Police Association about their officers taking part in focus groups, as well as logistical challenges arising from the COVID-19 pandemic, the OHRC did not proceed with these focus groups.

The OHRC provided the TPS with an email that was sent to all officers in March 2021, inviting them to share their thoughts on the Inquiry and related areas. Five officers agreed to be interviewed or provided detailed feedback.

March 2021

24. Officer survey

 

An OHRC survey was conducted of TPS uniform officers below the rank of inspector. The survey was open between October 12 and October 26, 2022.

 

25. Diversity in employment data and analysis.

November 18, 2019, January 31, 2020

The OHRC requested data on, and related analysis of, the diversity of its officers by race and gender at all ranks between January 1, 2010 and June 30, 2017. The OHRC also requested that the TPS produce its most recent data on and related analysis of the same.

The TPS provided responsive information.

February 4, 2020

26. Decisions of the TPS Disciplinary Tribunal and Notices of Hearing related to the conduct of the officers where there were concerns about officer misconduct from the SIU Director in specific cases.

June 6, 2019; July 28, 2021

The TPS provided responsive information.

October 17, 2019; August 9, 2021

27. Evaluation of the Police and Community Engagement Review (PACER).

October 3, 2019

January 20, 2021

February 9. 2021

The OHRC requested that the TPS produce the incomplete draft report on the evaluation of PACER.

The TPS refused to produce the report on the grounds that it is irrelevant because “it is an unfinished report that, in present draft form, contains inaccuracies and is far from complete.”

November 22, 2019

February 2, 2021

28. TPS analysis of the data requested by the OHRC.

October 3, 2019

The OHRC requested any TPS analysis of the data requested by the OHRC, including SIU data, lower-level use-of-force data, charge, arrest and release data, and street check data.

The TPS refused to produce this information. It asserted it would be covered by litigation privilege and is irrelevant since the work would have been done after the announcement of the OHRC’s Inquiry and its launch.

November 22, 2019

29. 2020 in-service training program.

March 10, 2020

The TPS provided responsive information.

June 13, 2020

September 3, 2020

March 31, 2021

30. Additional benchmarking data re: race and crime.

April 30, 2021

May 27, 2021

July 5, 2021

 

The TPS provided responsive data.

May 27, 2021

June 21, 2021

September 8, 2021

31. Documents regarding new TPS training initiatives that were described during the TPSB’s meeting of October 11, 2022.

October 21, 2022

The TPS provided responsive training. Some of the training initiatives described during the TPSB’s meeting of October 11, 2022 were in the development stage and the materials were not available for production.

November 16, 2022

32. A copy of the slide presentation as well as a list of the names of those who presented to the OHRC during the OHRC’s visit to the Toronto Police College on March 23, 2023.

April 17, 2023

The TPS provided the slide presentation and list of presenters.

April 21, 2023 and April 26, 2023

 

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