Blue Line Magazine October 2009
Tradition must be your servant
!/articles/tradition_must_be_your_servant/thumbnail.jpg!Finding an Ontario Provincial Police badge the Queen had authorized more than 10 years ago – and then discovering the current senior OPP administration knew nothing about it – came as quite a shock to all concerned.
The new badge was brought to my attention through a series of coincidences. I patiently awaited further information for several bewildering months before a senior member, sounding rather exasperated, called me. I bluntly asked about the implications of changing the force’s shoulder patch and crest. A new design would give it an internationally recognized symbol and much better control over its use and reproduction.
Versatility meets form & function
!/issues/october_2009/cover.jpg!A long overdue Ontario Provincial Police detachment building opened in July for the officers who patrol Ontario’s Bruce Peninsula. The new state-of-the-art facility brings their working environs into the new millennium with a single 50 year leap.
The buildings and structures which support officers and staff are an integral part of the policing experience. The new Wiarton-based building plays a strategic policing function in a very unique part of Ontario. The detachment is the main hub station for three satellite detachments (Tobermory, Lion’s Head and Sauble Beach).
Officers patrol a beat which includes three First Nations territories and three extended rural municipalities. The varied population of 16,000 is spread over a rocky peninsula stretching 100 kilometres into Lake Huron, providing some 800 kms. of coastline.
Breath demand only requires reasonable belief
The test for a breath demand is reasonable belief, not a prima facie case, Canada’s highest court has made clear.
In R. v. Shepherd, 2009 SCC 35, a police officer activated his lights and siren after seeing the accused roll through a stop sign and then travel 20 to 25 km/h over the posted speed limit. The vehicle slowed down, then accelerated and changed lanes multiple times over about a three kilometre distance before finally pulling over.
The officer approached and informed Shepherd he was under arrest for failing to stop. Shepherd explained that he didn’t pull over because he thought the police car was an ambulance. The officer noted he looked lethargic, fatigued and had red eyes. He could smell alcohol on his breath and also noted that his movements and speech were slow and deliberate.
The officer formed the opinion that Shepherd was “intoxicated,” read the Charter warning and made a breathalyzer demand. Shepherd provided samples and was charged with impaired driving, over 80mg% and failing to stop for police.
Objectively justified officer belief okay
Since the grounds for arrest were objectively justified, there were no s. 8 or 9 Charter breaches in a drug case, Ontario’s highest court has held.
In R. v. Murtezovski, 2009 ONCA 423, police intercepted a package addressed to “K. Woodhouse” that contained three bricks of cocaine. It was removed and replaced with three similarlooking bricks containing flour and 20 grams of cocaine in the wrapping of one of the bricks.
They arranged for a “controlled delivery” to K. Woodhouse’s address by an officer disguised as a UPS worker. While watching the residence police observed K. Woodhouse and another person leave separately in two of three vehicles parked at the residence shortly before the delivery. Murtezovski’s father’s car was the only vehicle left outside.
Murtezovski accepted the package, signing his own name. Ten minutes later police saw him leave the residence in a car with a gym bag. He was stopped and arrested for possessing cocaine for the purpose of trafficking. Police found the gym bag with three plastic bags containing the “cocaine” bricks still sealed and unopened. Murtezovski also had a marijuana joint and twenty grams of hashish.
Celebrating 100 years of illustrious service
!/articles/celebrating_100_years_of_illustrious_service/opp.100.jpg!In this year of celebrating a century of protecting and serving the people of Ontario, it is important to remember that Ontario Provincial Police (OPP) members stand on the shoulders of their predecessors. Their presence today comes from the hard-earned wisdom of the many who have gone before.
The skill set of the modern OPP officer is honed from the experiences of the past and the need for innovative solutions to the problems of today. In acknowledging and invoking this unique style of policing, the OPP has gained the trust and confidence of the public it serves.
It has been three years since I took on the challenge of leading another of Ontario’s major police services. Although my law enforcement career goes back almost 40 years, I have found the position of OPP Commissioner to be my most challenging job yet.
I speak not of managing over 8,800 people or the important administrative decisions that must be made every day at a modern police service – that is simply the everyday function of any police leader and requires skills already mastered, albeit on a larger scale. The challenge I speak of is in delivering policing services to a province made up of communities that are as diverse as the huge geography they inhabit.