GTA police service loses bid to keep workplace investigation reports redacted
A Toronto-area police service's attempt to shield information outlined in two workplace investigations has been dismissed by the courts.
In Ontario Superior Court of Justice documents released last week, the Durham Regional Police Service (DRPS) sought to hide the full unredacted reports from being disclosed, arguing they were privileged and confidential.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
The application was bourne out of an investigation into the service launched in 2019 by the Ontario Civilian Police Commission into allegations of misconduct within the workplace.
As part of the 2019 workplace investigation, the commission requested to receive two reports authored by an outside lawyer.
It is these reports that Durham police first opposed handing over, according to the document. However, at an October hearing, lawyers for DRPS agreed to provide the reports to the commission "on the condition that [they] are not further disclosed, disseminated, or made publicly available due to confidentiality concerns." They argued that the redactions were done to "protect the personal health information of our members," the decision reads.
Lawyers for the commission rejected that submission and argued that transparency was important to protect employees from "harassment and a poisoned work environment," the filing states.
After hearing the parties' submissions the presiding judge, Justice Julia Shin Doi, ruled in favour of the commission, ordering Durham police to hand over the reports without restriction.
“There should be no restrictions attached to the production of either [report],” Shin Doi wrote in her decision, stating she had no concerns over a possible breach of confidentiality.
“There is also a greater public interest and benefit in disclosure without restriction to protect the employees from harassment and a toxic workplace, as advocated by the Association,” the judge continued
When reached for comment, a spokesperson for DRPS described the motion as “one aspect related to the overall OCPC investigation that has been ongoing for many years.”
Once the matter has concluded, the service said it will provide comment.
The investigation in which the workplace reports were ordered also saw Deputy Chief Dean Bertrim charged with deceit under the Police Services Act (PSA) by the OCPC in 2023.
On Wednesday, Durham police confirmed to CTV News Toronto that the reports do not concern Bertrim. The allegation of deceit faced by Bertrim under the PSA has yet to be tested under separate disciplinary tribunal proceedings.
In a Notice of Particulars, the commission alleged Bertrim provided false testimony as part of a motion to dismiss professional disciplinary charges against two officers in 2018. A year earlier, Bertrim had asked a professional standards investigator to conduct a review of the two officers’ conduct and produce documentation prior to serving them with notice of a hearing, according to OCPC. It is alleged, however, that the investigator never provided Bertrim with the report – because Bertrim never requested it. While testifying to the matter in 2018, Bertrim swore the report had been reviewed by now-retired chief Paul Martin during an August meeting, as is required under the police disciplinary process.
The disciplinary process against the two officers was stayed in June 2018 on the basis that Martin had not been provided with a written report, according to the notice.
Correction
CORRECTION: A prior version of this article stated that the two reports were requested as part of the ongoing disciplinary proceedings against Deputy Chief Dean Bertrim, when they were in fact requested as part of the OCPC investigation launched in 2019. CTV News has amended the error. Durham police have since confirmed that the reports in the April decision do not concern the proceedings against Deputy Chief Dean Bertrim, which have yet to be tested in a separate disciplinary tribunal matter.
CTVNews.ca Top Stories
Princess Anne to take part in B.C. ceremony bringing new ship into Pacific fleet
Canada's first Arctic and Offshore Patrol Vessel will officially be brought into the Pacific fleet today and Princess Anne, the sister of King Charles, is scheduled to take part in its commissioning ceremony.
NEW Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
Magnitude 4.8 earthquake recorded west of Vancouver Island
A 4.8-magnitude earthquake was reported west of Vancouver Island Thursday evening.
More than half of Canadians say freedom of speech is under threat, new poll suggests
A new poll suggests a majority of Canadians feel their right to freedom of speech is in danger.
How falling for a stranger she met on a beach led this woman to ditch the U.S. for the French Riviera
Niki Benjamin, from the U.S., had travelled to a paradise island to do some soul searching, and her life ended up going in a very different direction when her dog ran up to a stranger.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Feds giving Toronto more than $104M to host 2026 FIFA World Cup
The federal government will provide Toronto just over $104 million in funding to host the 2026 FIFA World Cup.
Police move in to clear NYU encampment, U.S. campus arrests grow to 2,200 in pro-Palestinian protests
Police moved in to clear an encampment at New York University on Friday at the request of school officials, a move that follows weeks of pro-Palestinian protests at college campuses nationwide that have resulted in nearly 2,200 arrests by police.
Wally, the emotional support alligator once denied entry to a baseball game, is missing
Emotional support animal registrations in the United States reached 115,832 last year, by an industry group’s count. But in the eyes of reptile rescuer Joie Henney, there’s only one: 'Wally Gator.'