TORONTO, Aug. 28, 2013 /CNW/ -
It is with regret that I announce that I have decided to withdraw from the review that Chief Blair announced on August 12, 2013.
The basis for the decision is my position as counsel with Borden Ladner Gervais LLP (BLG), which also acts for the insurers of the Toronto Police Service in civil suits, some of which include allegations of the wrongful use of lethal force.
As set out in Chief Blair's August 14, 2013 press release, we are both satisfied that my association with BLG would not in fact impair my ability to provide the Toronto Police Service with sound advice on the matters involved in the review.
However, after the announcement, we were surprised by the objections raised by lawyers for some of the victims' families to my conducting the review. We had thought that I could structure and conduct the review to satisfy any concern but apparently not.
Upon careful consideration, I have come to the conclusion that my association with BLG may raise a public discussion about this issue that would be distracting and unfortunate. I regret that this issue has arisen but I am of the view that if there is any possibility of concern in a matter such as this, it is best to address it at the outset.
I understand Chief Blair will be making an announcement about a replacement this Friday.
TORONTO STAR EDITORIAL Published on Fri Aug 30 2013
There’s no doubt Dennis O’Connor, former chief justice of Ontario, would have produced an outstanding report on use of force by Toronto police. No jurist in the country is more respected. And few have his proven ability to handle tough, high-profile cases, having headed an inquest into the Walkerton tainted water scandal and a probe into Canada’s role in the torture of Maher Arar.
Nevertheless, O’Connor is right to step down from his task of reviewing the policies, training and equipment used by Toronto police in dealing with volatile situations.
It’s a matter of optics. After retiring from the bench O’Connor joined Borden Ladner Gervais, a law firm with a history of representing the interests of Toronto police in civil suits and coroners’ inquests. And to some that raised the unfortunate spectre of a perceived conflict of interest.
Reviewing police use-of-force, in the wake of the needless shooting of 18-year-old Sammy Yatim, is simply too important to be shadowed by even the faintest hint of possible bias. Recognizing that, O’Connor announced on Wed August 28, that he will no longer be taking part in the review. Toronto Police Chief Bill Blair was to name his replacement Friday.
Canada has no shortage of able and distinguished jurists well-qualified to complete this probe. Still, whoever is chosen will find it hard to match the wisdom and experience that O’Connor would have brought to the job. Blair will be the poorer for being deprived of O’Connor’s sage advice, and so will all of Toronto.
Unfortunately, it’s not enough to be fair and impartial in these matters. It’s also necessary to appear that way. Perception counts. Even the most thoughtful and productive recommendations could be undercut if the public doubted the evenhandedness of the outcome. That mustn’t happen with the probe of police procedures.
Of the various inquiries launched following Yatim's death - by everyone from Ontario’s Special Investigations Unit to the provincial ombudsman - this “forward looking” search for practical solutions stands the most chance of delivering timely reform in Toronto. Confidence in the process mustn’t be compromised.
It’s a measure of O’Connor’s integrity that he recognized that reality, put the public first, and stepped down.
Dennis,
The lawyers complaining about 'conflict of interest' have done a great disservice to the public. Their allegations of a conflict will most surely be recognized as totally unfounded. Your action, taken to maintain the integrity of Chief Blair's review, is indeed honourable. It reflects, as do all of your decisions, wisdom, integrity, honour, understanding and empathy. The lawyers' complaints are, no doubt, the result of knee jerk and emotion filled reactions designed to justify their involvement and please their clients. I say that a better man to head up this review could not be found.
Tony
QUESTION: DO YOU ASK THE HARD QUESTIONS OR DO YOU SETTLE FOR WHAT YOU ALREADY KNOW?
QUOTE: "WHEN YOU COME TO A FORK IN THE ROAD, TAKE IT."-YOGI BERRA
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BOSTON AND THEIR SPORTS TEAMS: PATRIOTS, BRUINS, RED SOX AND CELTICS.
What do these managers know that those in Toronto do not?
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