Myron Demkiw, chief of the Toronto Police Service briefs reporters last week on Project South, an investigation into organized crime and corruption that resulted in seven Toronto officers being charged.Jon Blacker/The Canadian Press
Ian Scott is the former director of the Special Investigations Unit of the Toronto Police Services.
On Feb. 5, York Regional Police (YRP) Chief Jim MacSween delivered shocking information that struck at the heart of the public’s faith in its police.
Seven active Toronto police officers and one retired officer had been charged with dozens of serious offences, he told reporters, including trafficking drugs, breach of trust, conspiracy to obstruct justice and accepting bribes. These charges arose from an extensive YRP investigation into organized crime associated with the increasingly violent tow-truck business.
The probe was triggered by a brazen attack on the home of a corrections officer, which led investigators to a Toronto police constable named Timothy Barnhardt. YRP investigators allege that this officer had accessed confidential information through internal policing platforms, and leaked it to organized crime figures – information that, in turn, was used to target people’s homes in an attempt to terrorize their inhabitants. Video aired at the press conference showed disturbing scenes of multiple gunshot attacks on these residences.
From there, the investigation expanded, leading to charges against seven additional Toronto officers, including one who worked for the “guns and gangs” unit responsible for investigating major incidents, including allegations against the tow-truck industry.
These allegations alone are profoundly troubling. But there is also the unnerving idea that one police officer was allegedly able to recruit other well-paid police officers in a continuing conspiracy that put the community at significant risk. More than 30 people have been charged so far, with the most serious charge being conspiracy to commit murder.
The notion that a conspiracy of police officers – sworn to uphold the law and protect the public – was allegedly profiting by selling insider information to criminals who, in turn, may have used that information to prey on community members, feels like something out a movie. For most Canadians, this is a surreal, alien view of its police services. For many, trust has been broken, and understandably so.
It is notable that Toronto police did not ferret out this alleged unlawful activity itself; it took YRP investigators to uncover it. Police are under an obvious duty not to break the law, but any officer who learns of misconduct of another member – a much broader concept than engaging in criminal activity – is also under a statutory duty to report that misconduct as stated in Ontario’s governing legislation, the Community Safety and Policing Act.
Inspector-General of Policing of Ontario Ryan Teschner on Monday announced an external inspector will look at all provincial police forces.Sammy Kogan/The Globe and Mail
Given all the policing safeguards in place, how could this have happened? Consider that the working theory in this case appears to be that Constable Barnhardt recruited the other seven. There is no way that he would have not asked other officers to join him too. And surely, other officers must have been aware of these nefarious activities through personal observations or talk among colleagues. Yet no one came forward.
Eight active or former officers allegedly entering into a criminal conspiracy is bad enough. But the damage to public confidence is greatly amplified by those who knew about this criminal conduct and failed to report it, as they were dutybound to do. By not blowing the whistle, all police officers and the institution of policing are now suffering reputational damage from the misdeeds of a few.
So how can Toronto Police Services win back public confidence?
TPS Chief Myron Demkiw is doing his best in a bad situation. He is fully co-operating with the YRP investigators; he attended the Feb. 5 press conference and fielded difficult questions from the media. As well, he has asked Ontario’s Inspector-General of Policing to engage in a systemic review; it announced on Monday that an external inspector will look at all provincial police forces. A thorough report with recommendations and a commitment by the Chief to implement them will take us a long way down the path of recovery.
But it’s just as important to build a culture where officers who become aware of misconduct feel confident they can report it without reprisals. They must prioritize their loyalty to the institution of policing over any loyalty they feel to any miscreant colleagues. The many officers who value their oath of office and the reputation of the Service – and they represent the vast majority – must be prepared to make it clear to the few who abuse their authority that such behaviour will not be tolerated. That’s why the Chief should root out all officers who knew of the allegations and never reported them.
If the Inspector-General’s recommendations are far-reaching and the Chief implements them, and if officers stand up to others involved in serious misconduct, I anticipate that the harm caused by those accused will slowly heal and public confidence will return to policing.