Canadian Association for Civilian Oversight of Law Enforcement

June 6 - 8, 2010

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Independence

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Who will Guard the Guardians? (Quis custodiet ipsos custodes?)

Plato’s response of “…they will guard themselves against themselves…” may not be sufficient today, but…

To what extent should governments allow and support oversight agencies in conducting their business independently?

Is there or should there be another level of review of oversight agencies?

With the increasing practice of using retired judges to conduct reviews of publicly contentious matters, would this mechanism be effective in furthering the accountability process for the public, the police and the politics of the day?

Do budgets affect independence – how should budgetary arrangements be structured?

Does the “contemporaneous oversight model” have implications for independence and the perception of independence?

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Civilian Oversight

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Civilian Oversight: Effective and Credible Performance

The common terminology is “civilian oversight as in CACOLE’s name, but what does that mean in terms of the effective and credible performance of the role?

Does it mean that police officers or former police officers cannot or should not be engaged in the independent oversight function?

If serving or former police officers can perform the role are there special considerations for a successful transition from policing duties to the performance of oversight?

How is the confidence of the police, as well as that of the broader community to be maintained?

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Transparency v. Confidentiality,

Privacy and Public Policy

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Transparency v. Confidentiality, Privacy and Public Policy

If transparency is the hallmark of accountability and the rule of law, how are considerations of confidentiality, privacy and broader public policy to weigh in the balance, or are they?

Can or should oversight agencies within the same jurisdiction interact or communicate information of mutual interest i.e. relevant to the mandate of the other agency?

Can, should or must oversight agencies communicate evidence of a crime to the police?

What about in respect of the “unfounded” complainant – the “public mischief-maker”?

What about where officer is influencing a complainant? Can the power to screen out apparently frivolous complaints be

rationalized with the principle of transparency? During the course of its process and at the end of the day what

information should be available to the parties and/or published, posted etc.?

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Cooperation or Statutory Authority

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Cooperation or Statutory Authority The expectation of willing cooperation on the part of all those engaged

in enforcing the law and maintaining public confidence in the process would seem to be a “motherhood” concept. However, the statutes of Canada’s oversight agencies have become increasingly more structure and empowering….

Can the concept of “cooperation” be relied upon in the creation of oversight mechanisms?

Can Chiefs of Police be relied upon to use their disciplinary powers to enforce the provisions of the oversight legislation?

Should “witness” officers have the right to a lawyer? How can the specter of public legal contests with tax dollars

pitted against tax dollars be avoided or, at least, minimized? Has the time come for uniform legislation governing police and

oversight agencies across the country? Should oversight legislation in the Administrative Law context,

legislate the duty to cooperate by Respondent officers?

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ThemesIndependence Who will guard the guardians? (Quis custodiet ipsos custodes?)

Plato’s response of “…they will guard themselves against themselves…” may not be sufficient today, but…

Civilian Oversight The common terminology is “civilian oversight as in CACOLE’s name, but what

does that mean in terms of the effective and credible performance of the role?

Transparency v. Confidentiality, Privacy and Public Policy If transparency is the hallmark of accountability and the rule of law, how are

considerations of confidentiality, privacy and broader public policy to weigh in the balance, or are they?

Cooperation or Statutory Authority The expectation of willing cooperation on the part of all those engaged in

enforcing the law and maintaining public confidence in the process would seem to be a “motherhood” concept. However, the statutes of Canada’s oversight agencies have become increasingly more structure and empowering….