Defunding the Police Discussion

Week 7-10

• Final Exam Format: 25 multiple choice questions and 3 essay questions. The exam covers material from class 7 (Policing) through class 10. The Ombudsman presentation and assigned film are included.
• Week 7 Readings: This article discusses defunding the police in Toronto. It proposes reallocating police budgets to community-based social services (especially mental health and youth programs), rather than abolishing the police force. This shift is in response to global protests against anti-Black racism. The article suggests creating alternative emergency services for mental health crises, potentially reducing the need for police intervention.

Key Concepts

• Not about abolishment: Reallocating funds from policing to social services like mental health and youth programs.
• Specialized crisis services: Creating and funding emergency services specifically for mental health crises.
• Investing in social welfare: Prioritizing investment in youth programs, social welfare and education which were previously underfunded.
• Transparency (within the force): Implementing body cameras to increase police accountability/transparency.

Main Idea

• Reallocation of funds: Defunding the police in Toronto involves redirecting funds from policing towards mental health services, youth programs, and social welfare.
• Addressing underlying issues: The goal is to address social issues that are better suited to community-based resources, rather than relying solely on policing.
• Maintaining necessary presence: The police force will still be needed in situations where they are necessary, but not for all services.

Takeaway Questions

• How will reallocating police funding affect public safety in Toronto?
• What policing roles should be retained?
• How can communities participate in funding reallocations?
• What can Toronto learn from other cities with similar policy changes?

Week 7 Lecture: Policing in Canada

• Defining "police": Enforcing criminal law, using force, and lethal force. However, the police are not the only enforcers.
• Sir Robert Peel's Principles of Policing (1829): To prevent crime and disorder; depend on public approval and respect. The ability to cooperate by the use of persuasion and the minimal force.

Functions of the Uniformed Public Police in Canada

• Crime Control: Responding to/investigating crimes, patrolling, and arresting criminals. This accounts for less than 25% of police time.
• Order Maintenance: Maintaining public peace; managing public gatherings, incidents, and disputes.
• Administration/Court Time: Administrative work related to files, paperwork, and court appearances. This part accounts for approximately 50% of police activity.
• Calls for Service: Increasingly police are responding to activities not related to crime, such as responding to emergencies, and other crises.
• Other functions: Police also deal with illness, collapses, disputes and finding missing children, etc.

Citizen Calls for Service (Waterloo Region Police Service, 2016)

• Top ten calls: Common calls include compassion calls, complaints about bylaw violations, and theft.

Impact of Crime Control on Police

• Organization emphasizes: Catching criminals, deterring crime, using patrols for emergencies, and physical strengths/abilities.
• Evaluation reflects: Emphasis placed on response time, crime statistics, and measures like cleared offenses and arrests.

Police Discretion

• Options available: When responding to a situation, police officers have options, like using force or speaking to parties involved. 
• Factors that influence discretion: Policies, seriousness of incidents, officer factors, police culture.

Manifestations of Racism in Policing

• Racialization of crime: Linking race to crime.
• Over/under-policing: Racial profiling and skewed policing/limited policing of some communities.

Perceptions of Police Performance

• Chart 1: Perceptions of police performance by Black population, by gender.
• Chart 4: Perceptions of police performance by Indigenous population, age 40 or younger.

Revisiting Peel's Principles

• Local Policing: Policing aims to be locally-focused and to depend on the consent of the community.
• Crime Prevention: Maintaining order and ensuring compliance with laws as central to the role of policing
• Models: Policing is not always described by a single model and can and should take on different forms for an effective justice system.

Private Policing in Canada

• Growth in Private Policing: Massive increase in the use of private police after the 1980s.
• Significant Ratios: The ratio of private to public policing personnel is significant.
• Public vs Private Policing: Differing focus; public policing is on behalf of the larger government and the public at large while private policing protects and maintains order of private locations and/or properties.

Film "Two Worlds Colliding"

• Indigenous perspective: Focuses on issues related to police misconduct and bias in dealing with Indigenous people.
• Impact on communities: The film illustrates systemic racism, negligence, and mistreatment of Indigenous individuals.

Week 8: Guest Speaker (Ombudsman of Toronto)

• Accountability: Holds the City accountable to ensure fair treatment of all residents
• Investigations: Independently investigates complaints about City services.
• Support: Aims to aid residents in navigating local government services.
• Services: Free and confidential services; offers consultations and recommendations for system upgrades.

Week 9 Readings

• Accessing shelter: The City denies refugee-claimants access to shelters.
• Collaboration with Toronto Police Services: Investigating the fairness of police procedures.
• Targeted groups: Addressing barriers to access faced by Indigenous, African-Caribbean, Black communities, seniors, immigrants, adults with diminished capacity, and those outside of downtown.

Week 9 Lecture: The Criminal Courts in Canada

• Goals of Courts: Deliver justice (determine guilt/innocence, sentencing, and legal interpretations).
• Functions: Hear appeals, monitor police activities, and exercise their jurisdiction.
• Court Structure: Charts showing hierarchy, jurisdictions, and responsibilities of various courts (Supreme Court of Canada, Court of Appeal, Superior Courts, Provincial/Territorial Courts).
• Types of Courts: Supreme Court of Canada, Court Martial Appeal Courts, Provincial/Territorial Courts of Appeal, Federal Court of Appeal, Provincial Courts, Federal Courts, Military Courts, Tax Courts, Administrative Tribunals.

Structure of Offences:

• Classifications: Summary Conviction Offences, Indictable Offences, and Hybrid Offences.
• Characteristics: Different types differ in the severity, the possible penalties, and how they're handled in court.

Bail (Week 10)

• Release: Allows accused persons awaiting trial to be released with conditions. 
• Purposes: Ensures court attendance, safety of the public and the accused person's confidence in the justice system.
• Provisions: Details on circumstances where bail is required or denied.

Plea Negotiations (Bargaining)

• Importance: Negotiations between the Crown and defendant regarding guilty plea in exchange for possible lighter consequences.
• Commonality: 90% of cases are resolved with guilty pleas following negotiations.
• Concerns: Possible factors like pressure on innocent people to plead out and reduce public confidence in the justice system.

Wrongful Convictions in Canada

• Causes: Eyewitness identification errors, false confessions, flawed forensic science (e.g., use or misinterpretation of Mr. Big, Reid Technique etc.), flawed police tactics, coerced confessions.
• Impact: Mistreatment of accused individuals and damaged reputations.

Sentencing and Mental Illness

• Utilitarian Goals: Aims at reduction of crime in the future - (deterrence, incapacitation, rehabilitation).
• Non-utilitarian goals: Retribution, denunciation, and restitution.
• The role of courts: Determine and impose appropriate sentences based on the severity of the offenses.
• Importance of context: Sentencing considers the circumstances of the offences, victim(s), and the offender.
• Considerations: The court considers the offender's behavior, history, and mental health conditions when determining the appropriate sentence.
• Goals of sentencing: Protect society, denounce unlawful conduct, deter crime, rehabilitate offenders, etc., through both utilitarian and non-utilitarian approaches. 

NCRMD (Not Criminally Responsible on Account of Mental Disorder)

• Diversion from criminal process: NCRMD is a separate legal process for accused people with certain mental conditions. 
• Review Board: The accused will be reviewed by a court-appointed board to decide if there is a risk to public safety
• Public Safety: Determining if the accused poses a significant threat to the public.
• Least restrictive measures: Aimed at reducing the burden on the justice system and promoting accountability on the offender, with consideration for the fairness of the process.
• Important case (R. v. Gladue): The Supreme Court ruled that a sentencing judge needs to consider the specific circumstances of Aboriginal offenders and provide cultural and community support.
• Case Study (Sean Clifton): A case illustrating legal processes for an accused deemed NCRMD due to mental illness/disorders.
• Victim and family impact: Acknowledgment and importance of the victim and their families' perspective on the processes and the outcomes in these situations.

Chapter 4: Policing

• Definition: Activities in maintaining public order, preventing crime, and upholding laws for community safety and justice.
• Pluralization of policing: Includes public, private and community policing.
• Perspectives (contrasting): Social Contract vs Radical perspectives on Policing.
• Political policing: Actions by police aimed at monitoring/controlling/suppressing political dissent prioritizing state interests over individual rights.

Chapter 5: Policing

• Accountability: Ensuring that police officers and services are responsible for their actions and decisions.
• Discretion: The authority of police officers to make decisions in specific situations, balancing community needs with enforcement.
• Typifications and Recipes for Action: Generalizations/procedures used in policing decisions.
• Bias-free policing/Pretext policing/over-policing: Ensuring impartial practices, policing targeted communities excessively, and using small offenses as grounds for larger investigations.

Chapter 8: Criminal Courts

• Criminal court procedures: Summary Conviction offenses, Indictable offenses, Hybrid offenses. Different procedures based on the severity of the criminal offenses.
• Role of the preliminary hearing: Procedure in complex criminal cases to determine whether there’s enough evidence to proceed to trial; protects the accused; accused can review the Crown's evidence before trial.

Chapter 9 Sentencing

• Proportionality: Sentences should be aligned to the seriousness of the crime committed and the offender's culpability.
• Restraint: Minimizing use of imprisonment and employing less restrictive community-based options.
• Suspended/Conditional/Intermittent sentences: Delaying sentencing, using community-based conditions, and limiting imprisonment time.
• Probation: Court-ordered supervision in community with conditions.

Chapter 10: NCRMD

• Review Boards: Processes for monitoring and oversight for individuals deemed not criminally responsible.
• Dispositions: Aimed at reducing the burden on the justice system and promoting accountability for the offender, with consideration for victims and fairness.

Explore key concepts and proposals surrounding the movement to defund the police as presented in recent readings. This quiz covers community participation, alternative funding suggestions, and various perspectives on police budget reallocations.