Addressing Police Misconduct: The Crucial Role of Timeliness

Note: This article was later published in Policing Insight: https://policinginsight.com/feature/analysis/addressing-police-misconduct-the-crucial-role-of-timeliness/

In the realm of police reform, Toronto’s "Neptune Four" is one among many cases of police misconduct that highlight an opportunity for action. This case, involving four Black teenagers wrongfully arrested in Toronto and the officers found guilty of misconduct, underscores the lack of urgency in addressing police misconduct. The delay in the disciplinary process not only prolonged justice for those involved (including the officers themselves), but also raised questions about the effectiveness of the system in deterring such incidents in the first place.

The 'Neptune Four' Case

The "Neptune Four" case unfolded in 2011 when four Black teenagers were stopped, questioned, and arrested while walking to an after-school mentoring session. The incident escalated quickly, with one of the officers punching one unarmed teen, and pointing his firearm at another. The disciplinary hearing, held a decade later, found the officers guilty of unlawful arrest and excessive force. However, the delay in the disciplinary process and the initial clearance of the officer for pulling out his firearm raised serious concerns about the timeliness and effectiveness of the police disciplinary system.

Delays in addressing misconduct can have serious consequences. They can undermine the perceived legitimacy of policing as an institution, erode public trust, and discourage victims from reporting misconduct.

Police misconduct, whether it involves excessive use of force, racial profiling, or unlawful arrest, erodes public trust and jeopardizes community safety. Addressing these incidents promptly and effectively is crucial to restoring faith in the criminal justice system and ensuring justice is administered. Delays in addressing misconduct can have serious consequences. They can undermine the perceived legitimacy of policing as an institution, erode public trust, and discourage victims from reporting misconduct. This can lead to a cycle of unaccountability and repeated misconduct.

The Crucial Link Between Timeliness and Deterrence in Police Reform

In the context of police discipline, deterrence and rehabilitation play pivotal roles. Deterrence involves imposing penalties for misconduct to discourage similar behavior in the future. Rehabilitation, on the other hand, focuses on reforming the officer to prevent future misconduct. Both principles, however, rely heavily on the timeliness of the disciplinary process to be effective.

Timeliness strengthens the deterrent effect of punishment. Delays can weaken this association, reduce the perceived certainty of punishment, and allow further offences to occur.

Timeliness strengthens the deterrent effect of punishment. When consequences are immediate, the association between the misconduct and its punishment is reinforced, making the punishment more effective as a deterrent. Delays, on the other hand, can weaken this association, reduce the perceived certainty of punishment, and allow further offences to occur.

In my research, I had the opportunity to delve into two landmark cases that have shaped Canada’s understanding of delay in legal proceedings: Regina v. Jordan and Blencoe v. British Columbia (Human Rights Commission). These cases, while originating in different contexts, offer valuable insights into the issue of timeliness in police disciplinary proceedings.

The Jordan case, a landmark in criminal law, introduced a novel response to unreasonable delay in criminal law proceedings: a presumptive ceiling. After a certain length of procedural delay, prejudice to the accused is presumed, and the onus shifts to the Crown to demonstrate that any excess delay was reasonable. This ruling has profound implications for administrative hearings, too, as it demonstrates the Supreme Court of Canada’s commitment to protecting a person’s right to be tried within a reasonable time – a right enshrined in Canada’s Charter of Rights and Freedoms, yet only afforded to those accused of a criminal offence.

On the other hand, the Blencoe case, currently the landmark precedent applied to administrative law proceedings (e.g., police disciplinary tribunals), views delay as a potential violation of the Charter guarantee of life, liberty, and security of the person. Unlike Jordan’s presumptive ceiling, Blencoe sets a very high bar for demonstrating individual prejudice or prejudice to the administrative system resulting from the delay.

One case that stands out in my research is Diaz-Rodriguez v. British Columbia (Police Complaint Commissioner). In this case, a police constable became the subject of disciplinary proceedings, which led to criminal charges and a series of overlapping investigations. It took seven years for B.C.’s Police Complaint Commissioner to schedule a hearing to address the alleged misconduct, during which time the officer was unable to take operational courses or use police equipment, leading to significant psychological harm and a damaged reputation. This case highlights the commonplace delays in disciplinary hearings and the need for a more timely approach to ensure the principles of deterrence, rehabilitation and justice are met.

The Path to Timely and Effective Justice

In the realm of police disciplinary tribunals, we have the power to act now.

While the Blencoe case set a high bar and the Jordan case introduced a novel approach, we don't need to stand by, waiting for another case to climb the steps of the Supreme Court to instigate much-needed change. In the realm of police disciplinary tribunals, we have the power to act now. We can take the reins and introduce proactive measures that ensure justice is not just served, but served in a timely manner.

Reforming the police disciplinary system to improve its timeliness is no small feat. It requires a multi-faceted approach that includes implementing prescribed timelines, using technology to expedite proceedings, and fostering a culture of accountability within the police force.

The "Neptune Four" case serves as a stark reminder of the need for timely action in addressing police misconduct. As we engage in the conversation about police reform, let's remember the importance of timeliness in ensuring effective deterrence and fostering public trust in the system.