The number of sexual assault cases handled by the Special Investigations Unit (SIU) has been decreasing due to recent legislation changes that limit the watchdog’s jurisdiction on off-duty police officer allegations. CBC News reviewed a decade’s worth of SIU cases involving suspected sexual assaults by police officers in Ontario. The SIU, an independent civilian oversight body, is responsible for investigating police officers for potential criminal misconduct. Since the implementation of the Special Investigations Unit Act in December 2020, the SIU’s ability to investigate sexual assault allegations involving off-duty officers has been restricted, leading to a decline in the caseload.
It is uncertain whether local police services are now handling cases that would have previously gone to the SIU for investigation. While some experts believe that law enforcement agencies are better suited to investigate police-related sexual assault allegations, advocates express concerns that victims might be reluctant to report such crimes to police forces investigating their own officers. They also highlight the importance of improved data collection and sharing by police forces to enhance our understanding of the issue.
The Police Association of Ontario, representing thousands of police personnel across the province, was asked if there has been a rise in police-led investigations into off-duty officers accused of sexual misconduct following the changes to the SIU Act. The organization’s president, Mark Baxter, mentioned the lack of comprehensive, publicly available data on the number of allegations, investigations, or charges related to off-duty officers.
According to Baxter, the peak in sexual assault allegations reviewed by the SIU in 2021 suggests that the legislative changes may have facilitated victims in reporting such allegations. However, the subsequent decrease in numbers in the following years has raised questions.
Researchers, including Danielle McNabb from Brock University, caution that the reduced scope of the SIU’s investigations into sexual assaults could hinder the public’s understanding of police-perpetrated sexual violence. They emphasize the need for a centralized database to track investigations into police-involved sexual misconduct for effective progress in addressing the issue.
Former SIU director Howard Morton criticizes the limitation of the SIU’s mandate, stating that excluding some off-duty conduct was a significant error. On the other hand, former Ottawa police officer Gregory Brown believes that police agencies are now better equipped to handle off-duty sexual assault allegations, given their dedicated sexual assault units.
The analysis by CBC News of SIU cases reveals that most sexual assault allegations investigated by the unit do not result in charges or are terminated without a full investigation, potentially indicating cases falling outside their jurisdiction. Sexual assault advocate Sunny Marriner highlights the fragmented information ecosystem in Ontario due to multiple oversight bodies handling police-involved sexual assault cases.
Clayton Campbell, the president of the Toronto Police Association, argues that the changes have clarified lines of responsibility and improved accountability in handling off-duty conduct allegations.