Tuesday, November 30, 2010

Julian Fantino controversies.

Julian Fantino

Early Toronto career


Before joining the Metro Toronto Police, Fantino was a security guard at Yorkdale Mall in suburban Toronto. He volunteered as an Auxiliary Police Officer for the Metro Toronto Police from 1964 to 1969 and then joined the force as a Police Constable. He was a member of the Drug Squad and was promoted to Detective Constable. He subsequently served with Criminal Intelligence and then the Homicide Squad before being promoted to Divisional Commander and then Acting Staff Superintendent of Detectives.



 Wiretap controversy

According to an internal police report leaked in 2007, Fantino, as superintendent of detectives in 1991, had ordered a wiretap of lawyer Peter Maloney a police critic and friend of Susan Eng, chair of the Toronto Police Services Board, the body overseeing the Toronto Police service. Conversations between Maloney and Eng were illegally recorded despite a court order that only the first minute of Maloney's conversations were to be monitored so as to determine whether the individual who he was talking to was on the list of those being investigated.[7][8]



 Departure

After 23 years of service with the Metro Toronto Police, Fantino left to accept an appointment as Police Chief of London, Ontario in 1991.



 London Police Service chief (1991-1998)

In London, he presided over the highly publicized and controversial "Project Guardian", which saw the arrests of over two dozen gay men for involvement in a purported child pornography ring.[9] While several men were eventually convicted of crimes not related to the stated purpose of the investigation, such as drug possession and prostitution, no child pornography ring was ever found.



Journalist Gerald Hannon later published a piece in The Globe and Mail accusing Fantino of mounting an anti-gay witch hunt.[10] In response, Fantino filed a complaint with the Ontario Press Council, which ultimately ruled that the Globe should have more clearly labelled Hannon's article as an opinion piece.



Fantino says that he is "not anti-gay or homophobic" and was simply arresting lawbreakers engaging in "a sick, perverted crime".[11]



 York Regional Police chief (1998–2000)

Fantino return to the Greater Toronto Area as Chief of York Regional Police in 1998. His tenure was brief and he returned to the Toronto Police Service two years later. He was succeeded as chief by Robert Middaugh.



Toronto Police Service chief (2000–2005)

 Policing controversies

An incident in September 2000 involving five male police officers entering a women's bath house sparked public outrage and drew attention to TPS's poor standing in the gay community.[12] In 2004, Fantino made an attempt to repair relations, primarily by appearing on the cover of fab in a photo which featured him posing in his police uniform with five other models dressed as the Village People standing behind him.[13]



Fantino appeared to have little patience for protesters: he wanted them to ask police for permission before holding demonstrations. In one report, he commented "a problem is now arising where portions of the public believe that Dundas Square is a public space." [14] In his new position with the OPP, Fantino took an aggressive posture with a native protest blocking a major highway: he stated he "would not/could not tolerate the 401 being closed all day." However the commander on site decided against a raid as "[he was] not about to put people at risk for a piece of pavement." [15]



In 2003, Fantino criticized the effectiveness of the Canadian gun registry.[16]



 Corruption scandals

Fantino came under increasing scrutiny due to three corruption scandals which broke out during his tenure and his handling of those incidents. Fantino was accused of having tried to deal with these cases out of public view and attempting to shield them from investigation by outside police services.



In one case, drug squad officers are alleged to have beaten and robbed suspected drug dealers. In another, plainclothes officers were charged with accepting bribes to help bars dodge liquor inspections. In the third, a group of officers who advocated on behalf of a drug-addicted car thief faced internal charges.



Two of these cases involve the sons of former police chief William McCormack, and came to light not as a result of investigations by Toronto police, but due to an RCMP investigation into gangster activity which inadvertently uncovered evidence of wrongdoing by Toronto police officers. Mike McCormack was later cleared of all wrongdoing due to a lack of evidence.[17]



In December 2009, Fantino was accused during a related court case of having "unplugged" a special task force investigating corruption charges against the Toronto Police Service's narcotics squad ignoring the task force's suspicions that another of the force's drug squads was corrupt. Lawyer Julian Falconer argued in court that "When Chief Fantino declared there were only a few bad apples, he did not deliver the straight goods," and shut down the investigation before it expanded as part of a damage control campaign.[18]



In March 2005, the CBC announced that they had obtained documents via the Access to Information Act showing that between 1998 and 2005 Toronto had spent $30,633,303.63 settling lawsuits against police. Norm Gardner said the settlement costs, which amount to about $5-million a year over six years, were expected, given the number of confrontations police face, suggesting that "people think they are going to get paid off."



 Contract expiry

Fantino's contract as police chief expired on February 28, 2005. On June 24, 2004, the police services board announced that it would not be reappointing Fantino due to a 2-2 tie. This was controversial since chair Norm Gardner had been suspended from the five-man board due to a conflict of interest ruling, but as he refused to vacate his seat the three required votes for renewal were far more difficult to obtain. Conservative politicians on Toronto City Council responded with a "Save Fantino" campaign, and the board was deadlocked on the issue of beginning the search for Fantino's replacement.



Many Fantino supporters claimed that Miller was openly hostile to Fantino. Miller had ignored calls to pressure the police board after it voted against Fantino's renewal, yet Miller subsequently contacted the board looking for a role in hiring the next police chief, although the latter request was not granted.



Former deputy police chief Mike Boyd took over as interim chief of police on March 1, 2005. On April 6, another former deputy chief, Bill Blair, was named Fantino's permanent successor.



 Commissioner of Emergency Management (2005–2006)

On February 8, 2005, Fantino was appointed Ontario's commissioner of emergency management by Ontario premier Dalton McGuinty. This move was criticized by the opposition parties in the Legislative Assembly of Ontario, both for the lack of transparency in the hiring process and for the perception that the appointment was primarily motivated by the desire to avoid having Fantino run as a Progressive Conservative candidate in the 2007 provincial election against Finance Minister Greg Sorbara. However, Sorbara had also blamed Miller for failing to renew Fantino's contract, so this appointment could have also been seen as the Ontario Liberals' show of support for Fantino.



 Ontario Provincial Police commissioner (2006-2010)

Fantino was appointed Commissioner of the Ontario Provincial Police replacing the departed Gwen M. Boniface on October 12, 2006 by the provincial Liberal government; initially for a two year term. His appointment was criticized by First Nations groups. In March 2008 his contract was extended until October 2009.[19] In June 2009 his contract was further extended until July 2010 so that he could oversee the province's security contingent at the 2010 G8 Summit in Huntsville, Ontario. The province will begin the search for his successor in January 2010.[3]



He has received much public attention over highly publicized child pornography busts, with 21 men arrested in February 2008 and 31 men (some as young as 14) arrested in February 2009.[20] None of the cases has come to trial to date. During his term, Fantino has changed the look of the OPP by ordering that the livery for police cruisers be changed to a 1960s era black and white pattern.



 Shawn Brant controversy

Fantino was criticized by lawyer Peter Rosenthal during the trial of aboriginal activist Shawn Brant. Fantino was criticized for ordering wiretaps of Brant's phone without proper authority and for making provocative comments to Brant during negotiations to end a blockade of the rail line west of Kingston.[21] NDP MPP Peter Kormos called for Fantino's resignation accusing him of using "pugnacious and bellicose" rhetoric and for engaging in "Rambo-style policing."[22] In the face of defence motions for the police to disclose more evidence about their conduct the Crown agreed to drop the most serious charges against Brant in exchange for a plea bargain resulting in a light sentence.[23] Fantino was also criticized for his role in the Caledonia land dispute after he was accused of sending e-mails to local politicians accusing them of encouraging anti-police rallies by non-Natives.[24]



 Internal discipline hearing controversy

In late 2008 and early 2009, Fantino was embroiled in a controversy surrounding his role in an internal discipline case at the OPP in which Fantino was accused of being petty and vindictive in his actions against the officers.[25] Fantino ordered a hearing into the matter but attempted to remove the adjudicator he had appointed on the grounds that the judge was biased against the commissioner due to critical comments he made during testimony by Fantino. Divisional Court rejected Fantino's request.[26] The Ontario Court of Appeal upheld the lower court decision saying an informed person viewing the matter realistically and practically would not conclude there was any apprehension of bias on the part of the adjudicator. The OPP dropped the disciplinary case against the two officers on December 15, 2009, the same day Fantino was due to be cross examined[27] by defence lawyer Julian Falconer.[28] The entire process cost more than $500,000 in public money.[29]



 Private prosecution charge for influencing or attempting to influence an elected official

Fantino was summoned in early January 2010 to face a charge of influencing or attempting to influence an elected official in April 2007 in Haldimand County, Ontario. The summons came after a December 31 Ontario Superior Court order demanding a formal charge be laid in relation to allegations against Mr. Fantino brought forward by a private complainant, Gary McHale, who alleged that Fantino was illegally influencing or attempting to influence municipal officials in regards to the Caledonia land dispute.[30] The charge against Fantino was stayed in February 2010 as the Crown said there was no reasonable prospect of conviction