THUNDER BAY — The former administrator to the Thunder Bay Police Services Board is recommending the board make consensus-based decisions as much as possible, while also increasing reporting on the work being done to implement the many recommendations handed down to the police service and board.
Malcolm Mercer delivered his final summary report to the Ontario Civilian Police Commission late last week detailing his work with the police services board and recommendations moving forward.
Mercer was first appointed as administrator to the police services board in April 2022 at the request of the OCPC, which said at the time there was an emergency within the board and proper governance needed to be restored.
At the time, the OCPC was investigating allegations of misconduct by police leadership, an investigation had been launched by the Ontario Provincial Police into allegations of misconduct by members of the police service, and former board chair Georjann Morriseau had filed a complaint with the Human Rights Tribunal of Ontario.
Shortly after Mercer’s appointment, the majority of board members resigned.
Mercer said in his report that there was: “obvious division within the Board,” and that the board had not addressed the recommendations handed down by Murray Sinclair’s OCPC report.
“This may have been because of the difficult circumstances in which the Board found itself,” Mercer said.
“More broadly, the Service and the Board were under stress. It was not then known what would come of the various investigations then underway. Public confidence in the Service and the Board was compromised in light of the ongoing investigations and complaints.”
As a result of the OPP investigation, which was requested by the Ministry of the Attorney General, earlier this month former police chief Sylvie Hauth and former in-house lawyer for the police service, Holly Walbourne, were charged with breach of trust and obstruction of justice.
Staff Sgt. Michael Dimini was also charged late last year with assault, breach of trust, and obstruction of justice.
Mercer noted in his report that the allegations against Hauth and Walbourne are not related to policing within the community, but rather communications with the police services board, the OCPC, and the Toronto Police Service.
“While many in the community will see this as a continuation of problems in community policing, this does not appear to be correct,” Mercer said.
“This is not to suggest that the allegations are not serious and do not compromise confidence in the Service but rather that the substance of the allegations is about matters within the Service and its oversight rather than about community policing and public safety.”
Following the charges, there were renewed calls by First Nation leaders to disband the Thunder Bay Police Service.
The police services board now has a full complement of members and Mercer wrote that it is functioning and focusing on: “important work without the serious distractions that impeded the work of the prior Board.”
In particular, Mercer highlighted the appointment of Karen Machado as chair and Denise Baxter as vice-chair of the police services board as being an important step in establishing proper civilian oversight of the police service.
“With both being Indigenous women and Chief Fleury being an Indigenous man, Indigenous perspectives are well-established within the Board and the senior command,” he said. “Mayor Boshcoff, Counsellor Etreni and Mr. Bahlieda bring other important community perspectives to the Board.”
But Mercer also noted there is a divide in perspectives between Indigenous and non-Indigenous members of the board, with the former understanding the history and disadvantages of Indigenous people and the need to rebuild trust in policing, while the latter is supportive but lacks that insight.
“Understandably, the non-Indigenous members are particularly concerned about Thunder Bay's reputation and the costs of the Service and the Board. In my opinion, these perspectives are reasonably reconcilable if the Board takes a longer-term view,” Mercer said.
“If all of the people of Thunder Bay can reasonably see that policing in Thunder Bay addresses their need for safety and treats them fairly then Thunder Bay will prosper and be respected for what has been achieved. If not, Thunder Bay will continue to pay financial and reputational costs.”
According to Mercer, the diversity of the police services board and committees is valuable but also presents challenges.
In order to overcome those challenges, Mercer recommends the board share perspectives and work toward achieving ‘shared goals.’
“I urge the new Board to work collaboratively and to act on consensus to the extent possible so that the diverse needs of the population of Thunder Bay are advanced. If the Board does not do so, there is a very real risk that the new Board may again fracture and fail to achieve what is required for the people and communities served in Thunder Bay,” Mercer said.
“While there are no doubt some in the community and in the Service who are not-well intentioned, my impression is that the ongoing challenge is not so much about individual good faith but rather is about ensuring collective trust and organizational effectiveness and fairness for everyone, whether Indigenous or non-Indigenous, whether disadvantaged or advantaged.”
Mercer expressed concern about the board’s capacity to effectively address all the recommendations handed down over the last several years and offered several recommendations to ensure the work continues and the appointment of another administrator is not required.
The recommendations include twice-yearly status reports to the OCPC on recommendations, annual reviews of work on recommendations for the Office of the Independent Police Review Director’s 2018 Broken Trust report, continue to work toward consensus-based decisions, and ensuring there are enough resources for the board to work effectively.
It was also recommended a representative of the executive chair to the OCPC meet with the police services board quarterly for at least the next two years to ensure the board is working effectively together and with the police chief and to provide an update on the progress of recommendations.
In a statement, Machado thanked Mercer for his work and guidance with the board over the last two years.
“Malcolm’s strong background in governance has helped this new Board build the necessary foundation to ensure we are creating a sustainable path towards meaningful and lasting change for the communities we serve,” the statement reads.
“We are committed to listening to the communities we serve and implementing the necessary policies and accountability mechanisms to ensure there is a strong system of police governance.”
