You are on page 1of 13

Historical development of Police (end of 18th century and earlier 19th century)

1. Volunteer militia

a. Rusty and blunt instrument

b. Because of sporadic use and lack of training

c. In case of public disorder or riot

d. Suppress the affray

e. Eager to collecting fees or too inactive

2. Night watch

a. Was staffed by able bodied males as a duty of residency

3. Police regulation

a. Required house holders to prevent disorder and crime.

b. Required make available of ladders and bucket in case of fire

c. Basement to be locked

4. Amateur

a. Appointed annually from town or county rolls

b. Made arrest or carried out warrants on fee for service basis

50 year period of leading up confederation a series of reforms took place

Placing informal, voluntary, and part-time policing arrangement with fulltime,


publicly paid, uniformed police

Three tier of police

1. Federal: Historical events that prompted the need for the Mounted police
including the Riel Rebellion, whisky traders and the threat of American
invasion in western.

The government felt an agency was needed to act as a liaison between


settlers and aboriginal people.

a. Dominion Police force 1858

i. Created by federal government under the Act Respecting Police


of Canada
ii. Limited to protect federal buildings and enforce federal statues
such as treason and sedition and enforce law prohibiting
counterfeiting

iii. No jurisdiction for whole of the country

iv. Police served only central and eastern Canada.

b. North West Mounted Police (NWMP) 1873

i. an act of parliament(the Act Respecting the Administration of


Justice and the Establishment of a Police Force in the Northwest
Territories)

ii. modelled after the Royal Irish Constabulary

iii. mobilized with tacit responsibility of easing adversities of


settlers in the West Appeasing aboriginal resistance and
deterring US colonization of British Land.

iv. 300 members deserted or were disciplined for drunkenness or


insubordination

v. Always get their man, maintain the right

vi. Mountie travel hundreds of miles criss-crossing the Yukon to find


Mad trapper is one such legend

c. Royal North West Mounted Police (RNWMP) 1905

i. NWMP became RNWMP

ii. Taking up provincial duties under contract to province

d. Royal Canadian Mounted Police (RCMP) 1920

i. Include excise, customs, narcotics control, the Indian act and


federal properties
ii. British North America (BNA) act of 1867 provided under section
91 that law enactment be a federal responsibility and law
enforcement a provincial responsibility

iii. Mounties conduct in labour disputes at the Canadian pacific


railway and during Winnipeg general strike as inept.

iv. 1800s-early 1920s consequently numerous attempts to have the


force to disbanded took place.

v. Absorbed the Dominion police


vi. Size of RCMP grew by taking over policing duties from hard-
pressed provincial forces.

vii. Since 1950s all province except Ontario and Quebec, Yukon and
northwest territories, Nunavut and some 198 municipalities have
had contract with RCMP to provide regular policing service

viii. Dual function of investigating political organization and


enforcing criminal code aftermath of October 1970

ix. Federal responsibilities are authorise under the Royal Canadian


mounted act of 1959

x. Enforce Canadian law and prevent crime, maintain peace and


order

xi. Serve CPIC in providing investigation and information service

e. Canadian Police Information Centre (CPIC) 1972

i. Data available to police official that stores criminal related


information entered by country’s police agencies

f. Canadian Security Intelligence Service (CSIS) 1977

i. Recomonded by Keable Iquiry

ii. Role of intelligence gathering for national security

2. Provisional: BNA act of section 91, administration of justice and enforcement


law. Specialized services such as marine, investigation, and tactical support
of municipalities that are unable to provide them

a. Alberta was taken over by RCMP in 1920

b. New foundland Constabulary

i. Responsible for providing services to three areas Newfoundland


and Labrador: St. John, Mount pearls and surrounding
communities comprise North East Avalon, Corner brook, and
Labrador west

c. Sirete du quenec(SQ)

i. First provincial force of Quebec


ii. Find municipalities failing to meet standard of service and
responsible for policing provincial property such as Ontario
legislature and national assembly of Québec city

iii. Have jurisdiction over whole province and may intervene in


municipalities at behest of provincial government

d. Ontario provisional police (OPP)

i. Fully provincial force in 1909 passed legislation like RCMP and


other territorial and principal forces the OPP and it predecessor
the Niagara River Police, helped to secure frontier where metal
deposits or whisky trade made frontier attractive to those
seeking quick profit and relaxed social control

ii. Enforce criminal codes in areas that do not have municipal or


federal jurisdiction

iii. Since 1945 it provided policing by contract to municipalities that


do not wish to institute their own forces

iv. Regulate private security in Ontario. In case of labour


demonstration or political protest OPP may be called to maintain
order

v. Called in when local board request additional policing or when


the Ontario Civilian Commission on Police Services (OCCPS),
provincial body oversees police forces

3. Regional and municipal

a. First municipal police force in Canada was established in Toronto in


1935

b. London, Montreal, and Québec city establish municipal forces

c. Responsibilities are set out in Police Service Act which was mended in
January 1998

i. Section4.1 Every municipality is required to provide adequate


and effective police service in accordance with its needs(

ii. Section 4.2 services include minimum, crime prevention, law


enforcement, assistance to victim of crime, public order
maintained, and emergency response
iii. Section 4.3 municipalities must provide adequate infrastructure
and administration to maintain these service including vehicles,
equipment, supplies, building and communication services.

d. Provincial- municipal split favours municipal control and not provincial


control as it did in past

e. Overseen by OCCPS to ensure all boards comply with standards and


conduct investigation and inquiries when there are substantiated
complaints about delievery of service.

f. OCCPS make recommendation or they may suspend chief or whole


board, disband police force and require OPP to take over policing if
they find police service is unable to meet standards

g. Consist of majority of municipal appointees depending on population


size

i. Less then 25,000 2 municipal, 1 provincial

ii. Regional and more than 25,000 3 municipal 2 provincial

iii. More than 300,000 4 municipal 3 provincial

Police Roles and Functions

i. Crime prevention

a. Increase in police decrease crime rate

b. Every police officers hired there are 24 fewer crimes

c. Increases in police presence decrease property and violent crime

d. Police form increase patrol of hot spot does reduce reported crime

e. Broken windows also known as quality of life policing or zero tolerance


policing seeks to reduce major crime by displaying zero tolerance for
minor acts of disorder seen as creating crime permissive environment

f. Large number of complaints give negative repercussion aggressive


policing will generate negative feelings towards authorities and violate
civil rights of citizens

g. Rash of gun homicides in Toronto many argue more aggressive


approach like zero tolerance is needed to streets of Toronto

h. Negotiating with the leaders of a demonstration before event rather


than react to them after demonstration began
i. Prevent crime not by clearing criminal out of an area but pre empting
conditions that precipitate criminal act

ii. Emergency Service Provision

a. Police are along with firefighters, paramedics/ambulance service

b. Around the clock for emergency service

c. Activities are marshalled under rubric of emergency from answering


suicide and animal rescue to provided relief, quelling riots and
responding to common criminal incidents

iii. Law Enforcement

a. By indentifying violators and bringing them before judicial authorities

b. Formidable powers to take personal freedom away

c. By distributing information about law violation, issuing summons for


court appearance and offering warnings by way of deterrent when
violation are minor

d. both proactive and reactive

i. proactive: against drug trafficking

e. may anticipate law in certain circumstance

iv. Public Order Maintenance

a. Spend a lot of time cooling tempers between spouses disputes,


landlord and tenants, motorists, neighbours, other potential
adversaries

b. Use discretion not to arrest where making an arrest is an option can be


legally justified

c. Peacekeeping

i. Take an active role in settling disputes and keeping them from


getting out of hand.

1. they are visible, too much police exacerbate situation in


consensus society presence bring a kind of official or state
order

2. although they may not be visibly present everywhere


availability is known
3. police offer a form of state funded dispute resolution by
providing 24 hour arbitration a service that prevent
escalation in disputes and avoids conflicts through use of
force

d. Order maintenance

i. Restrain of law enforcement

ii. Require police to take a more passive role their presence acts as
sufficient general deterrent

v. Victim assistance

a. Recivilization or reprivatisation of criminal process

b. When they begin to view role as serving victim rather than community
or public interest

c. Rift between private and public prosecution may be closed

Conflict in roles of police

i. Police powers

a. section 25 may use force under

b. Section 37 limits use of force according to an equivalency by


excessiveness

c. Section 184 Install wiretaps or intercepts communication

d. Section 487 may search premises when they are in hot pursuit of
suspect or when they have a search warrant under

e. Section 487.05. Obtain DNA samples

f. Section 495(1)(c) right to seek an arrest and initiate a prosecution


without a warrant

g. capacity of individual police fulfill this common law right constrained


by law by the power and authority of other players

h. power to preserve peace and arrest people when they have a good
faith belief that a a crime has been committed and may enforce
statues and by laws

i. When kill or injure a person special investigation unit (SIU)


ii. Discretion

a. it’s a freedom of police officers to chose a between two available


course of action

i. low visibility discretion

1. others such as official cannot readily review police officers


choice of actions

2. makes decision without presence of respectable third


parties

3. have tacit sanction of superior officers

b. Legal parameters use of force real power is measured by lack of


constraints or by autonomy to choose a course of action

c. a full cartridge of statutory capacity at ready gives police the leverage


to resolve matters without having to resort enforcing statues and to
have these resolution agreed

d. inversion found in most other organization

i. environmental

1. outside forces that police have very little ability to change

2. could be availability of youth diversion programme or


community resources a crucial determent whether a
charge should be laid

3. consideration such as community size rural police


agencies are likely to use informal sanctions out of
necessity

ii. organizational

1. make up or structure of police agency or service and or


police strategies

2. police agencies with youth squads or dedicated youth


officers make more use of parental involvement, referrals
to external agencies pre charge diversion less use of
formal charges

3. community policing may influence discretions of police


officers
iii. situational factors

1. circumstances of crime, offender, offence and victim

2. legal factors such as seriousness of offence, presence and


type of weapon, harm done to a person or victim property

3. make decision to arrest depend on number of prior


appearance

4. view of police discretion is consistent across country and


there is little variation among police services

iii. Accountability

a. Refer the requirement among public servants to provide an account for


actions taken or not taken

b. Mechanism to deal with police misconduct exists in all Canadian justice


system given the layer of administration, procedure may vary
somewhat across Canada

i. Local and mass media(unofficial and powerful mechanism)

ii. Civil procedure

1. Individual can launch law suits against public police


organization for negligence in provision of security

iii. External review

1. by outside monitoring agency

2. investigate every serious injury, sexual assault, or death


that may been caused by actions of a municipal provincial
or regional police officer

3. operates directly under attorney general and has


authority to decide whether charges are warranted

iv. Internal investigation of complaints

1. Mid to large sized police agencies have their own internal


affairs division which investigate complaints about officer
conduct

2. May be aided by external investigation called in from


outside agencies
3. Montreal call SQ Ontario call OCCPS

4. First: processes fail to promote structural changes


because they take case by case approach

5. Second: internal reviews focus on protecting organization


from bad publicity rather than protecting the public from
bad cops

6. Third: practice of conducting background investigation of


complaints deter potential and actual complaints from
pursuing process

7. Fourth: consider penalty structure of internal process too


lenient as police officers mostly given small financial
penalties for action that many members of public would
condemn illegal irreconcilable with status of police officer

iv. Autonomy

a. Institutional

i. Distinguish ourselves from totalitarian regimes in executive


function of government is institutionally separate from judicial
and legislative branch

ii. Further separation between police foundation and political


authority

iii. Independence also guaranteed in convention although political


authorities such as municipalities or provincial government may
give direction on matters of policy, police forces retain decision
making authority over operation or how specific case or even
kinds of cases are handled

iv. Operational independence

1. Bolstered by fact that police monitor entities are often


staffed by political representatives who owing to their
relative ignorance of policing, political constituency of
their representation or their short duration as
commissioners are prone to deferring to police expertise

b. organizational factors

i. expression of effective police work police as peacekeepers and


law enforcers has long depended on optimizing each police
officers strengths within police agency and jurisdiction
ii. Guarantee autonomy of police constable and police function

Police work

1. Objective and subjective evaluation criteria applied


2. Depends on recruits ability to socialize within police environment
3. Teamwork is essential
Selection

Basic qualification

i. Canadian citizenship
ii. Minimum age (18 or 19)
iii. Physical and mental fitness
iv. Good moral character and habits
v. Four years of secondary school

Eight core competencies required


1. Analytical thinking skills
2. Self-confidence
3. Communication skills
4. Ability to be flexible in dealing with diversity
5. Self-control
6. Facility for relationship building
7. Achievement orientation
8. Physical skills and abilities

Training

 Stages one (recruit training): At the beginning of an officer’s career the


police cadet goes through recruit training at an accredited police training
facility.
o Initial block of intensive exposure to law, policy, procedure, and skills
development delivered as specialized training
o Ontario Police College(OPC) and RCMP training depot
o Devoted to traffic laws and accident investigation, criminal offences
and provincial statues, laws of arrest and evidence, and
communication
 Stage two(in service) of learning is field training where a new recruit works
under the direction of a senior police office
o Firearm training, police vehicle operation and defensive manures and
skills in executing arrests and use of force
o Instruction on race relation, police ethics, and general handling of
stress, victims, relation with public
o Forms, instruction, few hours in smaller forces to up to eight weeks in
larger forces
o Training is ongoing such as in firearms recertification
 Stage three(field training) intended to keep officers abreast of changes in
their profession and increase specialization in various fields of policing
Police officers numbers and Workload

In 2005, there were 61 000 police officers in Canada.

There were 189.2 officers per 100 000 population

 Workload is measured by Criminal Code incidents per officer.


 In 2004 incidents per officer was 43.
 Incidents have increased dramatically since the 1960s and 1970s.
 Vancouver has a high incident per officer, while Toronto is surprisingly low

Composition of Police

 Despite gains, the composition of policing is still primarily white and male
 It is interesting to note that a criminal conviction does not in itself preclude
potential candidates if a pardon or discharge has been received
 the fairness of the selection and training procedures for men, women and
visible
Minorities Should the standard of ability be based on the physical capabilities
of the average white male

Cost of Police

 Consume approximately 61 percent of the national budget allotted to the


criminal justice system.
 The majority of which go toward salaries, wages, and benefits
 There is considerable debate regarding the expenditure of money needed to
provide police services when examined against the effectiveness of crime
control and law enforcement

Community Policing (Three P) Community as a whole

• Prevention

• Problem Solving

• Partnership with community

Partnership between local professional police organization and various other


agencies be they voluntary, private or public
Leading researchers and advocates for community policing include J.Q. Wilson, G.
Kelling, R. Trojanowitz and H. Goldstein
i. Decentralize decision making(less par militaristic)

ii. Reducing bureaucracy

iii. Rewarding non conventional initiative in crime prevention

iv. Reducing specialization or creating generalist orientation (eg focusing on


problem solving

v. Instituting practices of learning organization

Traditional Policing (Three R)

• Random Patrol

• Rapid Response

• Reactive investigation