Public data on suspended police officers varies in Ontario. Experts say that needs to change

A police constable in Brantford, Ont., has been on a paid suspension since Oct. 18, CBC Hamilton has learned — but the Brantford Police Service won't name the officer, who makes $95,500 per year, or give the reason for the suspension.

Hamilton Police Service currently has six police officers suspended and disclosed when they were suspended, but did not disclose the officers' names or the reason behind the suspensions.

Halton Police Service also revealed the number of suspended officers, but no other details.

Niagara Police Service, meanwhile, won't say how many of its police officers were suspended last year, and says anyone wanting that information needs to file a freedom-of-information request.

Police service across Ontario provide varying levels of detail when it comes to suspended officers. This inconsistency has privacy experts, police researchers and a former police sergeant saying the public should be able to get more information in Ontario, the only province or territory in Canada where suspended police officers get paid.

Former sergeant, privacy commissioner weigh in

Reasons for suspensions of police officers vary, from internal corruption and abuse of power, to crimes against citizens, like planting evidence during investigations and assault.

One expert says the nature of police work means the public should have a right to know more about any punitive actions taken against service members.

Stephen Metelsky, a criminology professor at Mohawk College in Hamilton and a retired police sergeant, said the names of suspended officers should be given to the public in all cases.

"The police have such a high-profile job," Metelsky said. "Any regular citizen that gets arrested or charged, if they're over the age of 18, their name is going to be, for the most part, published in the paper."

Ann Cavoukian, former Ontario privacy commissioner, believes the public should know all information about suspended officers — except for their names.

She said an important consideration would be whether officers are told upon their hiring that their names would be publicized if suspended.

When asked by CBC Hamilton, the office of Ontario's information and privacy commissioner (IPC) didn't say whether police services should or shouldn't openly name suspended officers.

IPC said institutions should "adopt open information practices and, where possible, make information readily available outside of the formal freedom of information process."

"These laws are not intended to replace other less formal ways of providing the public with information about, for example, how public money is spent and how government bodies hold themselves accountable, including in relation to their employees," said the office.

The IPC said there are exemptions under freedom-of-information laws that institutions can use to refuse disclosing names, as it may invade an individual's privacy. That said, if there's enough of a public interest, the officer's right to privacy can be overridden.

When do suspended officers get named?

Police services do reveal the names of suspended officers in some cases.

Hamilton police, for example, have publicly named several suspended officers in recent years, when they have faced criminal charges.

A recent case includes Acting Sgt. Brian Wren, who pleaded guilty this month to assault after reportedly stomping and kicking an Indigenous man's head 13 times during an arrest.

However, a 47-year-old veteran Hamilton police officer charged with assault, choking and mischief in 2021 didn't get named to protect the victim's identity.

Police officers facing misconduct allegations get named when the Office of the Independent Police Review Director (OIPRD) shares the results of hearings held under the Police Services Act, but those officers are not necessarily suspended.

For example, Hamilton police Const. Ian Milburn pleaded guilty to discreditable conduct in November relating to an assault in 2021. He was given a a six-month demotion and placed on probation for 18 months.

He's named on the OIPRD website, but was assigned to administrative duties, instead of being suspended, when he was charged.

Police researchers wants more transparency 

Researchers who spoke to CBC Hamilton said police services need to be more transparent, but some are not advocating for naming all suspended officers.

"Some of the offences are very small and not consequential to public debates about policing," said Ted Rutland, an associate professor at Montreal's Concordia University who researches policing in Canadian cities.

Rutland said officers who have harmed a citizen should be named.

He also said there should be standardization across police services and disclosure shouldn't be voluntary. The public data, he said, could allow the public to hold police accountable.

Patrick Watson, an assistant professor of criminology at Wilfrid Laurier University, said the federal and provincial governments should adopt legislation similar to the George Floyd Justice in Policing Act in the U.S.

The act, among other things, seeks to create a registry to compile data on complaints and records of police misconduct.

It is named after Floyd, whose death at the hands of police in 2020 has since prompted greater scrutiny of police actions and budgets, including in Ontario cities like Hamilton. 

"It would be nice to see the province recognize that the institution of policing is very unique in our society, and … requires slightly more transparency than other sections of the bureaucracy," Watson said.

Kevin Walby, an associate professor of criminal justice at the University of Winnipeg, said at the very least, police and governments should be sharing information about the number of officers suspended.

"The data is already usually there. It's just a matter of putting it into a portal where people can access it," he said.

"We're already paying … we shouldn't have to dig around and beg."