When police officers act (or appear to act) outside of the criminal law, community trust in the criminal justice system is put to the ultimate test. To address this concern, many jurisdictions rely on civilian oversight to investigate and respond to allegations of criminal activity committed by police officers. In Ontario, the Special Investigations Unit (SIU) is tasked with investigating when police officers are accused of sexual assault, discharge a firearm or when a police-civilian interaction results in serious injury or death. The SIU is a civilian law enforcement agency, it does not employ active police officers and it has the power to lay criminal charges against most police officers in Ontario. SIU investigations often receive a lot of media and public attention, and raise many tensions for communities that have a history of strained relations and distrust of law enforcement. Once the SIU conducts an investigation and lays criminal charges against an officer, the Attorney General of Ontario is responsible for prosecution. The SIU is often considered the gold standard of oversight because of its separation from police agencies and its independence in investigations. Yet little is known about investigations conducted by the SIU, including the nature of offences committed and the trial outcomes when police officers are prosecuted.

Our recent article, “When the Police Break the Law: The Investigation, Prosecution and Sentencing of Ontario Police Officers,” analyzes SIU investigations over a fifteen-year period, tracing each investigation through the justice system. We examine 159 SIU investigations where criminal charges were laid against police officers in Ontario, assessing what happens after charges are laid, including conviction and sentencing. We find that approximately one-third of charges laid by the SIU are subsequently withdrawn by prosecutors and the most common outcome following the court process is an acquittal. Our research finds important differences depending on the type of offence. For example, officers prosecuted for driving-related offences are more likely to plead or be found guilty. Another interesting trend in the data is the differences associated with officers charged and convicted of sexual assault. Officers charged with sexual assault hold a higher policing rank and have more years of policing experience, compared to officers charged with the other types of offences in our study. Eighty percent of officers convicted of sexual assault are sentenced to a period of imprisonment – a rate that is higher when compared to all Ontarians convicted of sexual assault during the same period.

Our study reveals some of the challenges the justice system has when investigating and prosecuting police officers for criminal activity. These are often complex investigations and police officers are inherently advantaged because of their status as criminal justice insiders. We find that judges are sensitive to the impact that sentencing a police officer can have on the public’s perception of, and confidence in, the justice system. Crimes committed by police officers undermine trust and respect for law enforcement, and the public is attentive to differential treatment of officers, real or perceived. The public cannot have trust in a process that is not transparent. By uncovering previously unknown aspects of police oversight, it is our hope that this study can provide evidence to support the important public conversation about police reform and police oversight.  

Kate Puddister is an assistant professor in the Department of Political Science at the University of Guelph and Danielle McNabb is a doctoral student in the Department of Political Studies at Queen’s University. This study was funded by the Social Sciences and Humanities Research Counsel of Canada.