Focus of the Systemic Initiative Recognizing the complexity of balancing the need to maintain public safety and the need for the public to be free from discriminatory interference, the Commission set out to consider the contact interview policy and practice from a human rights perspective. [...] The mandate of the SPC is assigned at subsection 19(1) of The Police Act, 1990.16 Duty and powers of commission 19(1) The commission shall promote: (a) adequate and e昀昀ective policing throughout Saskatchewan; and (b) the preservation of peace, the prevention of crime, the e昀케ciency of police services and the improvement of police relationships with communities within Saskatchewan. [...] The RCMP is also subject to federal legislation, which S a s k a t c h e w a n H u m a n R i g h t s C o m m i s s i o n 1 2 empowers them to “perform all duties that are assigned to peace o昀케cers in relation to the preservation of the peace, the prevention of crime and of o昀昀ences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension. [...] Such a detention will trigger the Charter rights to be informed of their right to counsel and the reason for their detention.55 The test to determine whether a psychological detention has occurred involves an objective evaluation of all the circumstances of the encounter and the police conduct, from the perspective a reasonable person in the individual’s circumstances.56 Put another way, the test. [...] The Peelian policing model a昀케rms that “the police are the public and the public are the police” to underscore the need for police to be, and see themselves, as a part of the community that they serve.
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- 44
- Published in
- Canada
Table of Contents
- CHIEF COMMISSIONERS MESSAGE 5
- 1. INTRODUCTION 6
- A Note on Terminology 6
- Background 6
- Systemic Approach 8
- Focus of the Systemic Initiative 8
- 2. SASKATCHEWAN CONTACT INTERVIEW POLICY 9
- The Saskatchewan Police Commission 9
- Duty and powers of commission 19 9
- SPC Contact Interview Policy 9
- Policy Language 10
- Police Service Policies 11
- Statistics and Compliance 11
- Annual Contact Interviews 2019 2020 2021 2022 Large Police Services n4 Small Police Services n8 Grand Total 761 623 443 216 12
- 3. LEGAL ANALYSIS 13
- The De昀椀nitions of Street Check 13
- Statutory and Common Law Authority for Policing and Detention 13
- What Constitutes a Lawful Contact Interview 15
- 4. SASKATCHEWAN POLICE AND CONTACT INTERVIEWS 17
- Police Views on Contact Interviews 17
- Contact Interviews as a Policing Tool 17
- Implementation of SPC Policy and Public Concern about Contact Interviews 18
- Public Concerns and Misconceptions 18
- Potential Improvements to Contact Interviews 19
- 5. COMMUNITY VIEWS ON CONTACT INTERVIEWS 21
- Power Imbalance and Detention 22
- E昀昀ects of Contact Interviews on the Community 23
- Community Observations of the Contact Interview Policy 24
- Improving the Police-Community Relationship 24
- 6. THOMPSON AND KAYE REPORT 26
- Information Collection and Storage 27
- Youth Feedback 28
- 7. ISSUES TO BE ADDRESSED 29
- 1. Lack of knowledge among the public about contact interviews and their rights more generally during police-citizen interactions. 29
- 2. Additional police training and education 29
- 3. Some uncertainty about the precise use and prevalence of contact interviews. 29
- 4. Lack of trust between certain communities and police services. 29
- 5. Concerns about information collection and data retention. 30
- Conclusion 30
- APPENDIX 1 31
- SPC Contact Interview Policy 31
- AUTHORITIES AND WORKS CITED 35
- Research Reports 35
- Journal Articles 35
- Thesis 35
- Government Police Commission Publications and Reports 36
- News Articles 37
- Public letter 38
- Case Law 38
- Legislation 39
- Websites 39
- ENDNOTES 40
