Malcolm Mercer, the provincial administrator tasked with solving the Thunder Bay Police Service crisis, outlined his assessment of key events and board failings in his report to the Ontario Civilian Police Commission.Chris Young/The Canadian Press
The provincial administrator tasked with solving the Thunder Bay Police Service crisis says simply appointing new board members and a new police chief will not bring about meaningful change to the beleaguered force.
“A small part-time board with part-time support will not accomplish what is needed in Thunder Bay,” states an Aug. 18 report by Ontario lawyer Malcolm Mercer to the Ontario Civilian Police Commission, which appointed him in April and gave him sole authority over the Northern Ontario police board.
He said the board has failed to implement previous recommendations, policies and procedures, but that it also wasn’t equipped to meet expectations.
“If all that happens is the appointment of new people, there is the very real prospect of yet another failure to advance crucial goals,” he writes about the future of the service in the report, which was released publicly last week.
Mr. Mercer outlined his assessment of key events and board failings in his report to OCPC executive chair Sean Weir, just prior to completing his initial six-month appointment, a term that could be extended by the provincial oversight agency.
He was appointed four years after two key investigations and reports by the province into the municipal service and its oversight board revealed systemic racism within the force.
In 2018, the OCPC and the Office of the Independent Police Review Director released its reports authored by retired senator Murray Sinclair and Gerry McNeilly, respectively. The Sinclair and Broken Trust reports delivered dozens of recommendations to be implemented by the board and service.
“There has been unacceptable delay in advancing the OCPC recommendations and insufficient attention to policy implications of the OIPRD recommendations,” Mr. Mercer, the second administrator appointed to oversee the police board, concluded in his report.
He attributed some of the delay to a series of events going back to 2020, including board member Georjann Morriseau launching a human-rights complaint against the board and service over alleged harassment and discrimination. Several other human-rights complaints were also filed against the service and board by former and active members of the service.
He called it tragic that Ms. Morriseau didn’t receive the support she had needed, ultimately dividing the board.
“While the events leading up to this unfortunate state of affairs do not directly relate to Indigenous issues, it may be that Ms. Morriseau would have received greater support and assistance if she had not been an Indigenous woman. To be clear, I do not suggest discrimination in a legal sense,” he said.
Mr. Mercer said he also interviewed 30 people, and reviewed board meeting minutes and other internal reports. Mr. Mercer said his focus will now be on ensuring the new board is in a position for success, but didn’t specify what that might look like. He is to report further later.
He said he doesn’t think that as an administrator from Southern Ontario he should be seen as the solution to the city’s policing challenges, and that answers must come from a properly functioning board and the people and communities served by Thunder Bay policing.
A new board is expected to be appointed in the fall after the municipal election. The board is to include three municipally appointed members and two appointed by the province. He stressed the importance of considering the needs and perspectives of the peoples and communities served by the service in the appointment process.
“For Thunder Bay, this requires that the board understand the perspective of longer-term and shorter-term residents of Thunder Bay, as well as the perspectives of those who live, work and play in Thunder Bay. Said simply, there is a need for the perspective of First Nations people both from nearby and from remote First Nations who are served by the police service while in Thunder Bay.”
He said the new board will have to put in place policies and procedures to advance the recommendations from the Sinclair and Broken Trust reports “to ensure that this work is done, done well and seen to be done well.”
Prior to Mr. Mercer’s appointment in April, the board put together what it called an expert panel of policing and governance leaders, headed by former Toronto Police Service board chair Alok Mukherjee. The panel is reviewing board policies and procedures and its work on the Sinclair report recommendations.
In a media release Friday, the panel said it has spoken with more than 80 stakeholders and organizations in person or virtually. Some members of the panel will return to Thunder Bay this week for more consultations and will deliver an interim report with its recommendations related to hiring a new police chief, board appointments and labour relations.
The Thunder Bay Police Association has said the new police chief needs to be someone from outside the service.
Former police chief Sylvie Hauth was suspended by Mr. Mercer in June when the province announced charges of misconduct against her after investigating allegations by Ms. Morriseau. Former board chair Kristen Oliver said the board had decided prior to Mr. Mercer’s appointment not to renew Ms. Hauth’s contract, which was set to expire in June, 2023, allowing Ms. Hauth to announce her retirement prior to her suspension. She had been with the service for 25 years when in 2018 she became the first female police chief.
The OPP is also investigating members of the service but hasn’t identified them.