Let’s Not Distort the Message in Recent Calls for Justice Reform
Norman E. Taylor
Editor-in-Chief, Journal of Community Safety and Well-Being
It should come as no surprise to anyone that police, among other responders and service providers across the CSWB spectrum, are increasingly expressing their frustration with courtroom decisions that appear to undermine public safety and the personal safety of those professionals. It has been a tragic eight months in Canadian policing, and that is only the tip of the iceberg. However, it might be far too easy for some to interpret this recent call from the Canadian Association of Chiefs of Police (CACP a) too simply, as yet-another echo of failed ‘tough on crime’ rhetoric. It is so much more than that.
Amid valid attention on the reckless treatment of violent repeat offenders, and understandable pleas for more courageous advocacy and fairness for the policing profession, police leaders have shown wisdom in their inclusion of two additional demands:
▪ shared responsibility and accountability for the gaps and limitations in Canada’s public safety model by stakeholders other than the police; and,
▪ immediate investments in the health, social, judicial and public safety infrastructure to support community-engaged policing.
| ▪ | shared responsibility and accountability for the gaps and limitations in Canada’s public safety model by stakeholders other than the police; and, |
| ▪ | immediate investments in the health, social, judicial and public safety infrastructure to support community-engaged policing. |
The past decade has unfortunately shown us that these are the demands most likely to be ignored by senior policy makers. These are the most complex and challenging to pursue. They are the least likely to appeal to those who like to write about or hear about simplistic headline solutions. They also represent the only true and healthy pathways to community safety and well-being.
It is encouraging that the requested summit with the Council of the Federation took place on April 21. Even more encouraging is the following statement included in the CACP’s follow up messaging (CACP b):
“Premiers play a critical role in implementing a more integrated and balanced social infrastructure to appropriately address the demands for service that require the combined efforts and expertise of police, health, and community services in communities across the country.”
However, it still appears that the most decisive actions remain focused on detaining more people. One could easily surmise that the message for the public is that there are not enough people in our prisons. Having recently been part of a provincial Chief Coroner’s expert panel on deaths in custody, I can confirm that this is not the case. Our provincial custody facilities across Canada are for the most part bursting at the seams, and they are becoming truly dangerous places. They are not dangerous because of roving thugs. They are dangerous because the predominant profile of persons in custody is wrong: wrong from a public health perspective; wrong from a criminal justice perspective; wrong from a social equity perspective; and, wrong for the safe design and operation of almost all of our provincial-territorial custodial facilities.
Among a frightening number of deaths in custody over the past 8 years in Ontario, as just one example among other jurisdictions, the most common manner of death has been acute drug toxicity, and next after “natural” (a questionable commentary on in-custody health care), comes death by suicide. Notably, almost none of those who died were repeat violent offenders, and many might never have been convicted of the charges that put them there on remand. One of the most aggravating factors in their safety and well-being while in custody is the growing frequency of lockdown conditions, necessitated almost entirely by acute staffing and capacity shortages.
In the CACP statement following their summit with the Council, they also state:
“… too many individuals with mental disorders who pose a significant threat to public safety are not being held accountable for their actions and are being released back into the community without the appropriate care or restrictions required.”
While true on the face of it, let’s also remember there is a corollary to that sentiment. Too many individuals with mental disorders, alongside substance use conditions, inadequate housing, gripping poverty, and marginalization due to racial and post-colonial inequities, are being defaulted to the criminal justice system as a direct result of inadequate care and community support alternatives. As our panel wrote in our final report An Obligation to Prevent (OCC 2023), “the solutions range from simple to frustratingly complex.” Let’s not pretend otherwise, as policy makers continue to favour the former over the latter.
Shouldn’t they also be held accountable for their actions … or more to the point, for their inaction?
References:
CACP April 3 (2023). Correspondence from Canadian Association of Chiefs of Police to Premier Stefanson, MB. Retrieved April 23, 2023 from https://www.cacp.ca/index.html?asst_id=3362
CACP April 21 (2023). CACP Statement: Discussing public safety and policing with Canada’s provincial and territorial Premiers. Retrieved April 23, 2023 from https://cacp.ca/index.html?asst_id=3368
OCC (2023). An Obligation to Prevent: Report from the Ontario Chief Coroner’s Expert Panel on Deaths in Custody. Pending online publication. Please contact OCC.inquiries@ontario.ca
