Home NEWSCanada Suspended police officers blame unfair disciplinary process for costing taxpayers millions

Suspended police officers blame unfair disciplinary process for costing taxpayers millions

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Const. Pierre Fournier and Delphine stand nostril to nostril on a farm in south Ottawa.

Fournier is retaining a detailed eye on Delphine, a Jersey cow with a swollen, pregnant stomach.

A number of days per week, Fournier volunteers at this dairy operation in Osgoode Township. 

“It is therapeutic for me,” mentioned Fournier, who was identified with post-traumatic stress dysfunction in 2018. 

“I ought to have been a farmer,” he mentioned. 

However Fournier is a seasoned Ottawa police officer with 20 years of legislation enforcement expertise. 

The 54-year-old has been on and off the job for 4 years. In 2021, whereas off responsibility and nonetheless on medical go away for PTSD, Fournier was suspended from the power and charged criminally for what he calls a “five-second” altercation.

In comparison with his struggles with PTSD, Fournier mentioned it is the suspension and the following legal and disciplinary prices that ruined his repute, added stress to his life and made it much more troublesome to return to work.

“It is affecting me psychologically,” he mentioned. “I do not need to end my profession this manner…. I’ve a clear file. I’ve achieved nothing improper.”

Constable Pierre Fournier on patrol. He works for the Ottawa Police Service.
Fournier has been an Ottawa police constable for 20 years. He was suspended in 2021. (Submitted/Fournier)

All through his one-year suspension, Fournier was paid his full wage underneath a provincial coverage that he understands is perhaps unpopular with the general public, however says is far more sophisticated than meets the attention. 

Fournier’s is certainly one of greater than 450 officer suspensions throughout 44 police departments in Ontario over the previous decade which have value taxpayers greater than $134 million.

The complete scope of paid suspensions and their prices had been revealed for the primary time in an unique CBC investigation, which prompted public debate over police budgets and outrage on-line. 

A number of beforehand suspended officers inform CBC they agree the method is flawed, however level to systemic points that led to their suspensions and stored them on paid go away for months and even years. They are saying police chiefs are too fast to droop officers, and the investigations into alleged wrongdoing are too typically carried out by their very own colleagues.

These in cost do not see it that manner, nevertheless.

Officers who’ve skilled the disciplinary course of, together with Fournier, say there must be change, together with a extra progressive and constructive solution to resolve conflicts and search accountability from officers that does not ship them on a chronic bureaucratic journey.

Till just lately, Ontario was the one jurisdiction in Canada the place almost all suspended cops had been entitled to their full pay whereas underneath investigation for misconduct or breaking the legislation. 

New laws that got here into impact April 1 now provides police chiefs the facility to droop problematic officers with out pay, however solely underneath strict phrases. 

Pierre Fournier, an Ottawa police constable, volunteers at a rural Ottawa farm. He's currently on medical leave from the force.
Fournier presently volunteers his time at a dairy operation in rural Ottawa. He is on medical go away now, however was suspended from the power for a yr in 2021. (Michel Aspirot/CBC)

‘I do not need to end my profession this manner’

Fournier’s suspension stems from an incident within the spring of 2021 when he and his brother received right into a scuffle with a gaggle of six teenagers. 

Fournier mentioned the youngsters had been trespassing on a buddy’s rural property in south Ottawa, one thing that occurred ceaselessly. He mentioned he yelled out and when one boy lunged at him, Fournier pushed the teenager away. 

“It lasted 5 seconds,” he mentioned. 

He does not assume what occurred was severe sufficient to warrant a suspension, however Fournier was nonetheless charged with assault and mischief. A yr later, the legal prices in opposition to him had been dropped. 

In January, a retired police superintendent who oversaw Fournier’s disciplinary listening to discovered him responsible of 1 rely of discreditable conduct. He is now again on medical go away, and ultimately hopes to return to work.

Like most Ontario cops, Fournier earns greater than $100,000 a yr and his title is on the province’s Sunshine Record. 

On the time of his suspension, he needed to hand in his ID card, badge and gun. Fournier was being paid to remain dwelling — an expertise that for him was something however a candy deal.

“A lot frustration, disbelief simply that you could possibly be handled that manner,” Fournier mentioned. “We’re only a quantity, and on the finish of the day, who cares?”

‘Interminable delays’

Whereas there have been some egregious circumstances of cops convicted of crimes and sentenced to time in jail over the previous decade, 241 of the 396 suspensions involving a legal cost tracked by CBC — roughly 61 per cent — concluded with no conviction.

The remaining 57 circumstances concerned disciplinary prices just for allegations reminiscent of deceit, insubordination, discreditable conduct, neglect of responsibility and breach of confidence.

Non-criminal circumstances embrace officers who accessed police data to listen in on romantic companions, leaked police info to personal residents, made racist statements or sexually harassed feminine colleagues. 

Regardless of the actual fact these 57 disciplinary circumstances did not contain the legal courtroom system, the median size of suspensions was 511 days — a few yr and 4 months.

“These interminable delays at the moment are simply accepted as routine, and I noticed it all through my profession. I imply, it is simply regular,” mentioned Greg Brown, a former Ottawa Police Service (OPS) officer who now lectures and consults on policing points in Canada and the U.S.. 

CBC spoke to 5 officers from throughout Ontario who had been suspended at the least as soon as over the previous decade. 

These officers all say suspensions are too typically on the “whim” of police directors, and say their bosses might have discovered administrative duties for them to carry out reasonably than sending them dwelling. 

Jeff McGuire, govt director of the Ontario Affiliation of Chiefs of Police, denied chiefs are performing in a “vindictive” method.

“The chief’s job isn’t so simple as simply being a whim of claiming, ‘I feel I am going to droop this individual.’ I personally do not buy that,” mentioned McGuire, who served as chief of the Niagara Regional Police Service from 2012 to 2017.

Ottawa Police Services board former member, Sandy Smallwood.
Sandy Smallwood is a former member of the Ottawa Police Providers Board. (George-Etienne Nadon-Tessier/CBC)

Former Ottawa Police Providers board member Sandy Smallwood mentioned in his 10 years as a civilian member of the oversight physique, he by no means witnessed an officer being suspended too unexpectedly.

However he famous he did see extended suspensions that had been ultimately handled by way of pricey resolutions reminiscent of a dismissal settlement. 

“Finally it form of went away as a result of individuals received pissed off and eventually simply made some form of deal and the taxpayer was out the cash,” mentioned Smallwood. 

Cop vs. cop

A number of officers informed CBC they consider it is a battle of curiosity to be investigated by their very own colleagues.

“Your co-workers are actively looking for you responsible,” mentioned one officer who CBC has agreed to not title as a result of he signed a non-disclosure settlement together with his southwestern Ontario police service.  

Fournier’s case was one other instance the place the duty to analyze him fell on his colleagues. He mentioned one of many greatest points was unequal scrutiny.

“Some individuals are performing some issues they don’t seem to be getting suspended for, and a few will not be even getting a slap on the hand,” he mentioned. “We’re speaking employees sergeants, we’re speaking inspectors which have achieved stuff that’s all hushed.”

In some circumstances, chiefs can ask a neighbouring police service to analyze. In circumstances of loss of life, severe damage or sexual assault, Ontario’s Particular Investigations Unit (SIU), a civilian oversight company, will get concerned. 

No matter end result, officers inform CBC there’s an instantaneous stigma connected to their suspension.

The person from southwestern Ontario mentioned when he returned to work, his friends handled him “like a leper.”

“It isn’t a paid trip. It is aggravating, and there are large authorized payments,” mentioned the officer, who was suspended for 3 years earlier than legal prices in opposition to him had been dropped.  

Greg Brown, the researcher, agrees a suspension could be a “profession ender” for officers. 

“If you happen to’re suspended with pay for a very long time, no matter what the final word disposition is, it causes extreme harm to the officer’s psychological well being in addition to their skilled repute,” he mentioned.

Vern White is a former police chief in Ottawa and Durham and a former Canadian senator.
Vern White, former police chief in Durham and Ottawa, says police forces ought to contemplate restorative justice when disciplining officers. (The Canadian Press)

Restorative justice resolution

One proposed resolution to keep away from a prolonged, pricey course of is to borrow parts from restorative justice — discovering methods to get well the losses of the sufferer, holding the officer accountable and constructing peace locally.

“We had circumstances the place most likely between the union and the police service, we spent upwards [of] $1 million in authorized charges, and on the finish of the day the officer wasn’t responsible, and in a single specific case the officer, I’d argue, ought to by no means have been charged,” mentioned former senator Vern White, who served as police chief of Durham for 2 years earlier than taking command of Ottawa police from 2007 to 2012.  

White mentioned that is why, throughout his time as chief in Ottawa, he tried to discover a faster solution to resolve disciplinary circumstances whereas nonetheless guaranteeing accused officers accepted duty.

“We had been capable of take care of a good variety of our circumstances by way of restorative justice,” mentioned White, who wrote his grasp’s thesis on the apply. 

“Officers that went by way of that may inform you that from their perspective, it was the fairest factor they have been concerned in.” 

In a 2016 instance, disciplinary prices had been laid in opposition to an OPS officer for hurtful, racist remarks about an Inuk lady.

The officer was ordered to take sensitivity coaching, and members of the Indigenous group initiated an intervention that led the officer to apologize and are available to phrases with the affect of what he’d mentioned.

Pierre Fournier, an Ottawa police constable, volunteers at a rural Ottawa farm. He's currently on medical leave from the force.
Fournier volunteers at a rural Ottawa farm whereas he is off on medical go away. He was suspended for a yr between 2021 and 2022. (Michel Aspirot/CBC)

Looking, {golfing} and cows

The OPS mentioned it does use restorative justice practices, however Pierre Fournier mentioned he was by no means provided that choice. He thinks that is precisely what was wanted in his case.

“I requested to convey the events collectively to speak,” he mentioned.

As a substitute, the disciplinary resolution requires Fournier’s pay to be docked for 10 days.

“He breached the general public belief in his actions when coping with youths and the OPS, because the employer, should retain and train the power to invoke correct self-discipline,” wrote retired OPS superintendent Chris Renwick in his resolution final month.

Fournier stays on medical go away and mentioned he is interesting the punishment.

He nonetheless hopes to return to work earlier than his looming retirement in two years. What does he need to do then? 

“Once I retire, precisely this,” mentioned Fournier, wanting on the cows. “My searching, my {golfing} and the cows. I will be glad.”

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