February 9, 2020
TTC Special Constables Are Owed an Apology:
On Friday February 7, 2020 a 12-second video was posted to Twitter by a TTC rider showing a small part of a four-minute interaction between a subject under arrest and Special Constables.
It has been learned that the Special Constables had boarded a TTC Streetcar while Fare Inspectors were conducting a fare check. Two passengers complained to the Special Constables about a person causing a disturbance. Upon engaging with this person, the subject threatened the officers and proceeded to shove and punch them. The subject violently resisted the subsequent arrest, demonstrating assaultive behaviour and officers can be seen in the video deploying "pepper-spray" foam and attempting to gain control by restraining the subject against the streetcar seat. According to the Ontario use of force continuum, an accepted use-of force model for all Peace Officers in Ontario, this use of force was warranted based on the subject's behaviour.
The Toronto Police continued the arrest of the Special Constables and charged the subject with criminal charges including: Assault Police x2, Utter threats x2, and a Trespass to Property Act charge for Failing to Leave when Directed.
The ensuing public outrage was largely fueled by the remarks of several City Councillors, including Kristyn Wong-Tam, Brad Bradford, Josh Matlow, and Mike Layton. Publicly elected officials are trusted by communities to speak the truth and are presumed to be sharing valid and accurate information. This was not the case on February 7th.
Councillor Wong-Tam stated in a Twitter post: "The actual offence, if any, doesn't even matter anymore. This is not how the TTC should be treating riders. There needs to be a full investigation into this use of force, which is never acceptable."
Councillor Matlow tweeted: "The footage I've seen of TTC special constables attacking someone who didn't pay their fare is shocking, violent and unacceptable. The TTC must immediately improve training, offer apologies, seek accountability & engage the police to investigate the special constables' actions."
Councillor Bradford tweeted: "This is unequivocally the wrong way to handle fare evasion. Another example of why we need to improve the training and recruitment process for fare inspectors. Officers need to de-escalate these situations, not resort to force."
Councillor Layton tweeted: "This is unacceptable. This incident of violence involving city employees needs a full investigation, AND we need to immediately rethink the way our system treats riders."
So much harm was caused by these statements, it is difficult to know where to begin.
Councillor Wong-Tam questioned whether an offence even occurred, suggesting the Special Constables were just assaulting the subject involved. Clearly, the Toronto Police have supported that, in fact, offences were committed. The Councillor then suggests that the offences do not matter and that use of force is never acceptable. Assault doesn’t matter? Councillor Wong-Tam spoke in contradiction of the Criminal Code of Canada and incited the public to believe that TTC riders should be allowed to assault Peace Officers without any consequences. Her tweet fractured the public's trust in TTC Special Constables to deliver law enforcement and safety services to their ridership.
The Councillors communicated decidedly and confidently that there was wrongdoing on the part of the Special Constables, which was incorrect. They publicly accused the Special Constables of attacking the subject, essentially engaging in criminal behaviour, and that they are poorly trained. Their comments fueled a public and viral narrative that the subject was “beaten up” over an unpaid fare. These conclusions were drawn from a 12-second video before TTC had an opportunity to comment and provide context to the event.
The Councillors tweets also added to the public’s misunderstanding of whether the arrest was made by Special Constables or Fare Inspectors, which contributed to the incorrect assumption that the officers were not acting lawfully.
The comments made by Toronto City Councillors were uninformed, unfair, and irresponsible, but also dangerous. These comments led the public to condone the behaviour of the subject and therefore condone the assault of TTC Special Constables while in the lawful execution of their duties.
The Councillors’ remarks and the public’s response online and in the media cast a spotlight on a massive blind spot within the City of Toronto and the Province of Ontario in regard to the understanding of what a Special Constable ‘is’ and what their mandates are.
Special Constables are sworn Peace Officers with powers of police conferred upon them to execute their duties within their jurisdictions. Special Constables play an important role in public safety by enhancing the service delivery of the Police to niche communities, such as transit, housing and post-secondary institutions. Special Constables are also utilized by Police Services to perform duties required to be fulfilled by a Peace Officer, but do not fall within the essential functions only Police can perform. These duties can include offender transports, court security and crime scene management.
While in performance of their duties, Special Constables may investigate, arrest, and when the behaviour of the subject dictates, use force with the full authority of a Police Officer. This is not a new policy; it has been the case for decades.
Special Constables perform a variety of safety functions as well, helping vulnerable community members navigate these complex systems.
The Ontario Special Constable Association has asked the Provincial Government to standardize the regulation of Special Constables in Ontario. Standardizing the appearance of uniforms, training and authorities will help the public, and apparently City Councillors, understand who Special Constables are and the important work they do.
The Ontario Special Constable Association calls on Mayor John Tory and the City of Toronto Councillors to issue a retraction of their statements and a public apology to the officers involved in Friday morning's arrest, as well as to all the Special Constables working hard to keep the TTC community safe.
Respectfully,
President
Ontario Special Constable Association