The group of good ol' boys that make up the Hamilton Police Service board once again showed how incompetent they are.
The "Thin Blue Line" that protects Kevin Dhinsa should be replaced with a "Wailing Wall" of outrage from everyone -- women and real men who care about them, taxpayers, politicians and other police officers, every citizen of Hamilton who expect a transparent police accountability system, and a fair justice system. Those who believe that an Orwellian society only exists in fiction can think again.
Dhinsa, a Hamilton police sergeant, has been suspended with pay since late 2005 in accordance to the Police Services Act. That legislation, which governs Ontario's sworn officers, says until an officer is found guilty and all appeals are exhausted, they can be suspended from performing their duties. But they shall continue -- for weeks and months, even years -- to collect their pay cheques. They continue to accumulate sick days. Get raises. Have benefits.
Ontario police are the only law enforcement officers in Canada who must be suspended with pay. In all other jurisdictions, police acts give chiefs discretion to decide, case by case, whether to suspend with or without pay.
Dhinsa faced charges under the Police Services Act -- 24 counts of sexual harassment against 12 female co-workers. The charges were thrown out by a tribunal because charges were laid eight days after a six-month deadline had passed. Appeals failed, including one this week to the Supreme Court of Canada.
Dhinsa will get to to go back to work which could only poison the 'office' environment. How can anyone expect the same level of respect and trust between the Sergeant and those entrusted to his decision making that occurred before this fiasco?
Not the taxpayers are on the hook for $20,000 in police service legal costs as well as some of Dhinsa's costs. Definitely not the twelve women -- some of them Dhinsa's subordinates in the Hamilton police hierarchy and who risked colleagues' disbelief, criticism, even ostracism by complaining.
Neither the women nor Dhinsa had a chance to make their case, so it is not my stance to create a conspiracy theory about what should have or could have. My point is still the same as the one I made in my original post in 2007, one about perception. Someone quoted once "Only in quiet waters do things mirror themselves undistorted" Perceptions are like jagged rocks in what is the murky waters that contain the life forces of Hamilton citizens.
The facts are, justice was denied to the women who courageously went on record with their complaints against Dhinsa. Many workplaces deal expiditiously with serious complaints, but police services have been notorious for their wall of silence. This affair sets Hamilton Police Service back by a significant measure.
Why were the police act charges filed eight days late? In a matter involving alleged serial harassment by a high-profile police officer, the expectation is that procedure would be scrupulously followed and required steps would be taken not just on time, but early.
The Hamilton Police Service and the Hamilton Police Services Board need to clear the air, be accountable for this failure of process, and put measures in place to ensure it doesn't happen again.
In Toronto, such measures have been suggested. The list of cops suspended with pay in recent years includes one convicted of murdering his girlfriend, another charged with sexually assaulting children, another accused of a bank robbery and one alleged to be a drug dealer. For Toronto Chief Bill Blair, it isn't about money. It's about public trust.
The act "affords a shield" for cops accused of serious offences, says Blair, who commands 6,000 officers and 2,500 civilian employees. At any given time, he has about 13 officers on paid suspension, each costing about $100,000 annually. While his service, he says, tries to be "open and transparent" about accused officers, the public assumes the chief has chosen to pay a suspended officer's salary. What Blair wants is discretion.
If an officer is accused of a serious crime unrelated to the performance of duty, he wants to suspend without pay. That decision, he says, could be reviewed by the police services board, the Ontario Civilian Commission on Police Services or by divisional court. If, however, an officer faces allegations related to their work, he can continue paying them. Officers need to be protected against false accusations and at risk of being charged with an offence. After all, cops use force and drive fast.
Blair took his concerns to the Ontario Association of Chiefs of Police and it unanimously voted for an amendment to the Police Services Act. A similar resolution was passed by the Ontario Association of Police Services Boards, whose president at the time was Bernie Morelli, chair of the Hamilton Police Services Board.
Blair made another bold move. Two years ago, he began ordering all his suspended officers to sign in at their regular station at 9 a.m. from Monday to Friday and to sign out again at 5 p.m. It didn't matter if that officer lived far away or if it was otherwise inconvenient. Hamilton Chief Brian Mullan says he may follow Blair's lead and require twice-a-day reporting. Currently he has suspended officers sign in once or twice weekly.
The women involved deserve a full explanation and a formal apology better than the one given by Bernie Morelli, he chair of the Hamilton Police Services Board has apologized to the community, but he is not admitting fault. Without a proper airing, the smell of rot will linger a long time.
Kenaz
