Libra * Agenda

Many citizens in Toronto and Ontario, Canada, are unaware of their individual capabilities and powers to initiate social change.

Unfortunately, even well-organized street demonstrations end up only being viewed as performances laughed at by cowardly scheming politicians who hide in their offices believing they and their misaligned duties are untouchable.

The system of leadership in the Toronto and GTA City Halls are decadent, broken, and have a callous mocking disregard to the citizens they are paid to be of humble service towards.

Gentrification, injustice, broken promises, lack of integrity, zero-accountability plague the system and not surprisingly voter turn-outs at elections are at laughable all-time lows; all this while the leaders charade before cameras as if they are much-beloved official superstars running the greatest shows on Earth.

How sad we let such delusions run rampant when in fact we have all the tools at our disposal to effectively get rid off such trash.

You will first need to study the basics of how your system works; if you can take time to indulge in dozens of hours of social networking, please take just a few hours going through these essential documents to know your Rights and Powers in the society you live in as a citizen.

City of Toronto Act,

City Hall Code of Conduct

Municipal Conflict of Interest Act

Ontario Ombudsman Office

Ontario's Justice System

Toronto City Hall website

Police Services Act, RSO 1990, c. P.15 - Ontario.ca

https://www.ontario.ca/laws/statute/90p15

The petition for the suggested systemic changes review is here;

http://chng.it/W9vGG8gY

An outline of the Act and its specific watered down Parts as related to the official LIBRA AGENDA Post in this blog titled; “LIBRA AGENDA - CLASS ACTION PETITION TO REPEAL TORONTO POLICE SERVICES ACT SECTIONS”, and the 4 Key points explained there related to the proposed action of Court Review of Changes to the Act suggested in that summary.

PART II Minister’s duties and Powers

Duties Minister’s general duties

3 (1) The Minister shall (d) consult with and advise police service boards, chiefs of police,, police associations in respect of policing, the administration of police services and related matters, including,

the effectiveness, efficiency, sustainability and legitimacy of different methods of providing policing,

Ontario Police College continued

(2) The police college known as the Ontario Police College in English and the Collège de police de l’Ontario in French is continued for the provision of training with respect to policing.

Fees

The Minister may charge fees for training provided by the Ministry for a purpose set out in clause (1) (l), including training provided by the Ontario Police College.

Information and Privacy Commissioner’s review of practices

7 (1) The Information and Privacy Commissioner,

(a) may, from time to time, review the practices of the Minister to determine if the requirements of sections 5 and 6 have been met;

Commissioner policing responsibility

(4) The Commissioner has policing responsibility for every area of Ontario that is outside the areas for which the police service boards have policing responsibility.

PART III Provision of Policing

Responsibility for Providing Policing Adequate and effective policing

11 (1) Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations,

Failure to enter into agreement

(3) If the person who operates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Commissioner or police service board that has policing responsibility for the area shall provide adequate and effective policing in the area and charge the policing costs to the person.

Extra policing cost

18 (1) A person who causes a temporary increase in the cost of providing adequate and effective policing in an area by organizing an event, such as a parade or festival, engaging in an activity that involves the closure of a highway, engaging in a commercial enterprise or engaging in any other prescribed activity, may be charged for the cost of that temporary increase by,

(a) a police service board, if its police service provided the policing; or

(b) the Minister, if the Commissioner provided the policing.

No agreement as to cost

If no agreement has been entered into with respect to the cost of the services provided, subsections 19 (8) to (11) apply with necessary modifications to the recovery of the increase in the cost of providing adequate and effective policing.

Cost

If a police service board, or the Commissioner, is ordered by the Inspector General to provide policing in an area under this section, the cost of the policing may be charged to the police service board, or the Commissioner, that failed to provide the policing, and subsections 19 (8) to (11) apply with necessary modifications to the recovery of the cost of the policing.

PART IV Municipal Policing and Police Service Boards

Toronto Police Services Board

https://tpsb.ca/about/board-members

https://www.pas.gov.on.ca/Home/Agency/186

Methods of Providing Municipal Policing

Maintaining police service

(7) Every municipal board shall maintain a police service and, for greater certainty, shall not maintain more than one police service.

Diversity plan

28 (1) Every municipality that maintains a municipal board shall prepare and, by resolution, approve a diversity plan to ensure that the members of the municipal board appointed by the municipality are representative of the diversity of the population in the municipality.

Name

31 (1) A municipal board shall be known as (insert name of municipality) Police Service Board and may also be known as Commission de service de police de (insert name of municipality).

When meetings may be closed to public Consideration

44 (1) Before holding a meeting, a police service board, or a committee of the board, shall,

(a) consider whether to close the meeting or part of the meeting to the public, having regard to the matters listed in subsections (2) and (3); and

Educational or training sessions

(6) A meeting of a police service board, or of a committee of the board, may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members of the board or of the committee.

2. At the meeting, no member of the board or committee considers or otherwise deals with any matter in a way that materially advances the business or decision-making of the board.

Rules and procedures

46 (1) Subject to the regulations made by the Minister, if any, a police service board shall establish its own rules and procedures in performing its duties under this Act and the regulations.

Liability

47 (1) A police service board is liable for the acts or omissions of members of its police service committed in the course of their employment.

Indemnification by police service board

(2) A police service board may, in accordance with the policies established under clause 38 (1) (f), indemnify a member of its police service for reasonable legal costs incurred,

(a) in the defence of a civil proceeding, if the member is not found to be liable;

(b) in the defence of a criminal prosecution, if the member is found not guilty;

Municipality responsible for police service board’s liabilities

(4) The municipality is responsible for the liabilities incurred by the police service board under subsections (1), (2) and (3).

Municipal board finances

50 (1) A municipality that maintains a municipal board shall provide the board with sufficient funding to,

(a) provide adequate and effective policing in the municipality

Estimates

(2) A municipal board shall submit operating and capital estimates to the municipality that will show, separately, the amounts that will be required to,

(a) provide adequate and effective policing in the municipality, including the amounts required to provide the police service with required equipment and facilities, having regard for the various ways that the board can discharge this obligation; and

(b) pay the expenses of the board’s operation, other than the remuneration of board members.

Same

(3) The format of the estimates, the period that they cover and the timetable for their submission shall be determined by the municipality.

Budget

(4) Upon reviewing the estimates, the municipality shall establish an overall budget for the municipal board for the purposes described in clauses (1) (a) and (b) and, in doing so, the municipality is not bound to adopt the estimates submitted by the municipal board.

Same

In establishing an overall budget for the municipal board, the municipality does not have the authority to approve or disapprove specific items in the estimates.

Findings

(11) If the municipality demonstrates that the municipal board could reasonably have entered into an agreement under section 14 to have policing functions provided in a manner that meets the applicable standards for adequate and effective policing and at a lower cost than is set out in the estimates, the arbitrator shall not find that the budget is insufficient to the extent of the amount that could have been saved by entering into the agreement.

Compliance

(12) The municipality shall amend the budget for the municipal board in accordance with the arbitrator’s decision.

Miscellaneous Termination to abolish or reduce size of police service

53 (1) A police service board shall not terminate the employment of a member of a police service for the purpose of abolishing the police service or reducing its size without first obtaining the approval of the Inspector General.

Same, planned attrition

A police service board shall not reduce the size of its police service by implementing a plan for attrition without first obtaining the approval of the Inspector General.

PART VI Police Officers and other Policing Personnel

SIU investigation of member of police service

81 (1) If the SIU Director causes an incident to be investigated under section 15 of the Special Investigations Unit Act, 2019 involving a member of a police service, other than a deputy chief of police, the chief of police of the police service shall investigate,

(a) the member’s conduct in relation to the incident;

(b) the policing provided by the member in relation to the incident; and

the procedures established by the chief of police as they related to the incident.

Police Officers Duties of police officer

82 (1) The duties of a police officer include,

Appointment of police officer

83 (1) No person shall be appointed as a police officer unless he or she,

(c) is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public;

(d) is of good character;

Political activity

86 No police officer who is a member of a police service maintained by a police service board shall engage in political activity, except as permitted by the regulations.

Complaints Board member complaints

106

(1) Any person, other than a prescribed person, who believes that a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council has committed misconduct may make a complaint to the Inspector General in accordance with the regulations, if any.

Grounds for further investigation

(5) If there appear to be grounds to believe that the member has committed misconduct, the Inspector General shall,

(a) investigate the matter, including, if appropriate, by appointing an inspector to exercise the powers of an inspector under this Part; and

(b) inform the complainant about the investigation and keep him or her apprised of the steps taken to resolve the complaint.

Review of systemic issues

133 (1) The Complaints Director may examine and review issues of a systemic nature that,

(a) have been the subject of complaints or investigations under Part X respecting a person referred to in section 152; or

(b) may contribute or are otherwise related to misconduct by a person referred to in section 152.

Application of Part

152 This Part applies with respect to the conduct of the following persons:

1. Police officers.

2. Special constables employed by the Niagara Parks Commission.

Peace officers in the Legislative Protective Service.

Part XI

Right to Report Misconduct

Protection from Reprisals No reprisals

190 (1) No person shall take a reprisal against a member of a police service or special constable employed by a special constable employer because he or she has,

(a) sought advice about making a disclosure about misconduct in accordance with this Part;

(b) made a disclosure about misconduct in accordance with this Part;

(c) co-operated in an investigation or other process related to a disclosure of misconduct made in accordance with this Part; or

sought enforcement of this Part.

Misconduct Misconduct

195 A police officer or special constable engages in conduct that constitutes misconduct if he or she,

(a) contravenes their applicable prescribed code of conduct;

(b) contravenes section 129, 179 or 196;

(c) knowingly fails to respond to an inspector’s reasonable inquiries as required under section 116;

(d) knowingly fails to comply with a direction or request as required under section 31 of the Special Investigations Unit Act, 2019 or section 178 of this Act; or

(e) knowingly fails to comply with a requirement to notify the SIU Director as required under section 16 of the Special Investigations Unit Act, 2019.

Offence

(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000, to an imprisonment for a term of not more than one year, or to both; or

A summary of my personal critique of Ontario's Police Services Act focuses on such items within it that would amend the act in significant modifications and repealing those segments outlined below with reference to the Act’s Part II, Part III, Part IV and Part IX.

Police Services Act, RSO 1990, c. P.15 - Ontario.ca

https://www.ontario.ca/laws/statute/90p15

Namely, under the LIBRA  AGENDA, there are 4 key points that a court process could enact;

 The petition for the suggested systemic changes review is at;

http://chng.it/W9vGG8gY

1. Public observers should be immersed in processes where monitoring activities of officials can be deemed applicable so that citizens have transparency, trust, and education in a first-hand overview of services they pay for. Such procedures for civilian observation should include; Police Training, SIU Investigations, Police Board meetings, Internal complaints processes using offices of Ministers, Commissioners, Complaint Director.

2. Regarding Police Budgets; given the tainted and spendthrift habits of Toronto Council, the public should be fully acquainted with precise police expenditures pertaining to value for dollars spent. Specifically, throwing out ball-park figures for costs is a corrupted act of misconduct. Police costs must be detailed and given opportunity for the public to closely scrutinize and compare costs on the market or in the industry. For example; Montreal has the same number of cops-to-civilians per capita as Toronto running a city slightly smaller in size and population, yet Montreal's policing budget for 2019 was $662 million – compare this to the ludicrous doubled amount of $1.2 billion proposed for the 2020 Toronto policing budget. The recent June 2020 request for a 10% reduction to and by the Maverick politicians seeking to defund was a very achievable request. But the Mayor and a majority of councillors with no ethical compulsions willfully appeased and exceeded to the bloated budget farce. Defunding police does not mean cutting back on personnel; rather, Toronto's over-spent salaries on policing should be drastically pulled back.

3. Police Accountability should stipulate an 'anti-Rambo-Rogue Cop' definition; pertaining to the befitting drastic actions that can be officially leveraged against their activities which may endanger public safety and/or harm Police Force Integrity. Measures should allow 'Good Cops' to immediately arrest rambo-rogue cops engaged in criminal acts; ie, a rambo-rogue cop assaulting a civilian should be immediately detained AND arrested for perpetrating criminal activity. This should be mandated into police training. Any members in Police Service engaged in actions to protect Rambo-Rogue cops should be immediately held accountable and prosecuted for interfering with an investigation. Regarding the clause on police members not taking part in political activity, there should be specific pointed reference that belonging to extremist hate groups is a political activity to which the severest consequences should be immediately applied; namely, being fired from the job.

Toronto and Ontario's population are seeking policing overhauls and reform through a myriad of grassroots organizations and a handful of progressive politicians.Bottom line being, Toronto’s policing budget is overly bloated. Per capita, Toronto has the same number of cops per civilian populace as Montreal; explain why Montreal’s 2019 policing budget was only $662 million, in contrast to Toronto bosses demands for a DOUBLED AMOUNT OF $1.2 BILLION  in the proposed 2020 Toronto policing budget? The primary reason is the Mayor of Toronto lacks ethical principles in denying radical over-expenditures for Toronto policing much like wild spending on other frivolous development projects. Equally, Toronto cops are incredibly overpaid - and that even they won’t deny.

The most ideal method of getting rid of Toronto's bloated Police Budget and the unequal power of the Police union intimidating most of City Hall's politicians, is by exploring the petitioned class action option focused directly on repealing and amending - Ontario Police Services Act, 2019, S.O. 2019, c. 1 - Bill 68 (   https://www.ontario.ca/laws/statute/s19001#Sched170   ) Namely - PART IV MUNICIPAL POLICING AND POLICE SERVICE BOARDS

The general population is largely misinformed about the police budget. They are unaware the City of Toronto overspends on the budget - particularly with police salaries. As such, policing is career-oriented/ high-salary inclined, as opposed to professional civic duty and service principled.