A year ago, Canada’s biggest city underwent a transformative shock at the hands of the very institutions and authorities we rely upon to uphold the law.
The ripples from the G20 summit and the actions of both the province and the police are still reverberating today, but we’re no closer to closure.
Numbers released by the government last week paint a sordid picture of overreaction showing police used their power of detention as a blunt instrument and wielded it in a way we expect of dictators in other countries.
Of the 1,100 people arrested and detained over the infamous weekend, only 317 were charged criminally in relation to the summit. Of those, charges against 187 people were withdrawn, stayed or dismissed, presumably because there was no evidence or hope of conviction.
That’s a 59-per-cent dismissal rate — double the norm. But when all of those arrested are factored in, it’s an 89-per-cent dismissal rate.
On the same day those numbers became public, Ontario ombudsman André Marin took another shot at the G20 debacle as he tabled his annual report.
“Exactly a year ago this week, at the G20 summit in Toronto, we saw a massive violation of civil rights on our streets,” he said.
Marin cited secretly passed amendments to the obscure Public Works Protection Act as creating confusion both among police and members of the public who discovered their rights weren’t what they thought they were.
“Just think how much different it would have been if the government had been open about this,” said Marin, adding the provisions would likely have been challenged and found contrary to the Charter of Rights of Freedoms.
“Ultimately, that is what happened after our investigation; the government is scrapping the law and in future will ensure the public is warned if there are any changes to police powers.”
In his report, Marin called for greater transparency across all levels of government. Times have changed, he said, noting we live in an age in which nothing happens without it being immediately available on Twitter, Facebook or YouTube.
In fact, Marin, who has been somewhat of a thorn for the provincial government for the last six years, said there’s no reason why information shouldn’t be available in real time without the need for a freedom-of-information request.
“I’m calling on the government to embrace something that I think is shaping the future of our democracy,” said Marin. “I’m talking about the movement toward open government.
Today, the expectation is that information from the government should be available in real time — without asking. Public services should be open to the public by definition and by default.”
Marin defended his stance, noting most of the complaints coming to his office deal with secrecy.
“The ombudsman’s job is to bring those problems to light and propose solutions,” he said. Issues around secrecy permeate the broader public sector, so much so that Marin’s office turned away 1,963 complaints about those institutions and organizations last year because they were outside his jurisdiction.
The G20 complaints are what hit home, of course. If we can’t trust authorities to act within the law, how can we have faith in any level of government? Who ordered the kettling in the pouring rain? Why did police fail to act against those causing the vandalism? Why has it taken so long to identify police officers involved in beating people?
Thankfully, Marin’s role is to be the eyes and ears of the public, and we owe his office our thanks and respect for carrying out his mandate with such passion and diligence.
In the last year, Marin’s office investigated 14,531 complaints. From those and other issues over the years, he has reported some disturbing trends. They include:
• The use of excessive force by correctional officers on inmates.
• Poor service from the Office of the Public Guardian and Trustee in dealing with the finances of incapacitated people.
• Secret meetings by local health information networks.
• Lack of inspections in long-term care homes.
• The Ontario Lottery and Gaming Corp.’s failure to initially investigate insider wins by ticket sellers.
Some of those inside government might consider Marin to be a pain. To the contrary, it’s Marin’s efforts within the mandate of the Ontario Ombudsman Act that keep the government, its agencies, and civil servants on the right track.
For about $10 million a year and with less than 100 staff, Marin looks at some 500 provincial ministries, Crown corporations, tribunals, agencies, boards, and commissions.
In the meantime, while the G20 involved an egregious and obvious abuse of authority, it opened our eyes to the reality that our government and its resources are prone to excesses and incompetence if left unchecked.
The ombudsman’s office is our last line of defence. Its budget is money well spent to protect us all.
Ian Harvey has been a journalist for 34 years writing about a diverse range of issues including legal and political affairs. His e-mail address is [email protected].
