Winnipeg, September 2024 – A new report from the Frontier Centre for Public Policy titled “They Must Not Become the Law Unto Themselves: Bringing Made-in-Canada Democratic Accountability to Autonomous Policing” argues that police independence in Canada is misunderstood, and this confusion is eroding public trust and creating dangerous policing inconsistencies.
The report, authored by Joseph Quesnel, Senior Research Fellow with the Frontier Centre, takes a hard look at the doctrine of police independence and its evolution, asserting that police should not be viewed as completely independent entities but as autonomous institutions accountable to elected officials and, ultimately, the Canadian public.
Key Findings:
- Confusion Over Police Independence: Media and elected officials often misinterpret the concept of police independence, confusing it with total freedom from oversight. In reality, Canadian police are subject to laws, policies, and ministerial accountability, making them autonomous rather than fully independent.
- Accountability to Public: The report highlights Canadians’ growing concerns with inconsistent law enforcement, particularly in cases like pro-Palestinian protests that have crossed into criminality. Citizens want impartial law enforcement that respects protest rights but draws the line at harassment, hate speech, and criminal behaviour.
- Restoring Democratic Accountability: The study advocates for a made-in-Canada model of democratic policing, where politicians can engage in policy discussions with police without crossing into operational interference. The goal is to avoid “governmental policing” while ensuring that police do not become “a law unto themselves.”
Quesnel argues that the term “police independence” should be replaced with “police autonomy” to better reflect the reality of their relationship with government oversight. He also proposes several key reforms to achieve this, including legally mandated transparency in police-political communication and clearer legal definitions of police independence.
Case Examples: The report uses real-world examples to illustrate how the lack of clear boundaries between political leaders and police has undermined public confidence. Cases like the handling of anti-Semitic incidents in Toronto and Montreal during pro-Palestinian protests show the delicate balance between allowing legitimate protest and enforcing the law impartially.
In Quebec, for instance, Premier Francois Legault’s comments on dismantling pro-Palestinian encampments at McGill University drew sharp criticism for allegedly violating police independence. However, Quesnel’s report clarifies that expressing public safety concerns does not equate to operational interference and should be seen as part of democratic accountability.
Policy Recommendations: The report outlines concrete steps toward restoring trust in policing, including:
- Legislating transparent communication between politicians and police.
- Reframing police as autonomous entities subject to ministerial oversight, not fully independent operators.
- Creating an independent parliamentary officer to oversee police-government relations and ensure accountability.
- Amending laws to ensure neutral law enforcement at protests, targeting criminal acts without fear or favour.
Quesnel emphasizes that Canadians deserve a clear understanding of police independence and accountability, especially in these politically charged times. His report advocates for a constitutional review to clarify the boundaries of police autonomy and elected officials’ roles.
Download the full report here. (26 pages)
Contact:
Jospeh Quesnel
Senior Research Fellow
Frontier Centre for Public Policy
joseph.quesnel@fcpp.org
Marco Navarro-Genie
Director of Research
Frontier Centre for Public Policy
mng@fcpp.org
David Leis
VP Development and Engagement
david.leis@fcpp.org
604-864-1275
About Frontier Centre for Public Policy
The Frontier Centre for Public Policy is an independent Canadian think tank promoting open, productive public policy dialogue. Frontier fosters debate on economic and social issues and is committed to providing insightful and innovative policy solutions.
