Ottawa Citizen, Sunday October 5, 2003

Police board 'begs for third party'

Review board needs an outsider, Cullen tells observer group 'There's no escaping the fact that it's police judging police'

Erin Conway-Smith
The Ottawa Citizen

Sunday, October 05, 2003

Councillor Alex Cullen wants a more transparent process when reviewing complaints about police and thinks having an outsider on the Police Services Board panel will do it.

"Ninty-nine per cent of the time, they review the complaint and say no action will be taken," he said. "It's a good police force, but I find it hard to believe that it's constant perfection."

Mr. Cullen spoke yesterday at a three-day "teach-in" held by the Ottawa Witness Group, who observe and report on the actions of police at demonstrations. He was asked to speak on the question: "Are current oversight institutions sufficient for directing the policy and practice of policing?"

The Police Services Board includes seven appointed members, three of whom are city councillors. Complaints about police officers are reviewed by three members of the board, as detailed under the Police Services Act.

"There's no escaping the fact that it's police judging police," Mr. Cullen told the group of about two dozen people at St. Paul University. "It begs for a third party to validate this process."

In some instances, the complaint may be referred for investigation to the Ontario Civilian Commission on Police Services, an independent oversight agency. However, Mr. Cullen said this commission is staffed with many former police officers, which means it's still police who have the responsibility of reviewing the behaviour of other police.

"This is a highly charged issue when you're dealing with policing, because you're dealing with the use of force," he said.

Another speaker at the event, which focused on policing and community, was homeless activist Jane Scharf, who has firsthand experience in dealing with police at demonstrations.

For three months during the summer, Ms. Scharf lived with a group of young homeless people on the sidewalk in front of 10 Rideau St. and under the entrance ramp to Colonel By Drive, beside the Rideau Centre, to protest the provincial government's Safe Streets Act and the Mental Health Act.

Ms. Scharf was charged with mischief and arrested at the end of August, when city public works staff went under the overpass to clean the area, following complaints that it was unsanitary.

Yesterday, Ms. Scharf recounted her experiences with police. "They tried to do everything they could think of to interfere," she said, citing the cleaning of the area under the overpass as an example.

"Bottom line is, we don't have the freedom to exercise our right to protest in Ottawa."

Ms. Scharf said there is, in some instances, discrimination and hostility by police towards people on the street, though she added that some police officers are very sensitive.

She said homeless people are often mistreated, yet because they have no homes or protection, are terrified of filing a complaint about police because they fear retaliation. She says a complaint process to allow homeless people to file anonymous complaints is needed "when the fear is too great."

The Ottawa Witness Group will release its second annual report in the first week of November, just before the Nov. 10 municipal election.

The group formed in June 2002 out of concerns over police behaviour towards protesters at the G20 demonstration in Ottawa, in November 2001. During protests at the G8 summit in the summer of 2002, members of the group acted as observers

Spokeswoman Aileen Leo said this year's report will focus on concerns about the police process, in particular the issue of police investigating themselves, and will also examine the use of Tasers and pepper spray in police enforcement.

The group has also sent questionnaires to all people running for office in the municipal election, asking what they think of the policing of major events.

Ms. Leo said there needs to be some sort of mechanism to keep an eye on police, because of the power they wield.

The group has acted as witnesses at numerous events, including anti-war protests, and the demonstration in June at Citizenship and Immigration Minister Denis Coderre's office by a group of Algerians seeking refugee status.

On that occasion, a member of the Witness Group saw police officers using a Taser on two people.

Members of the group also witnessed during the arrest of Ms. Scharf under the Rideau Street overpass.