Formal Apologies

Background

The Board recognizes that policing can have a significant impact on individuals and communities and that those impacts may affect the trust that individuals and communities have in police. The Board also acknowledges that there are circumstances where a formal apology is an important step towards rebuilding trust and confidence in policing.  

A decision to make a Formal Apology requires the careful balancing of a number of interests and factors that fall within the sole discretion of the Toronto Police Service Board (the Board) and/or the Chief of Police (the Chief).

For the purposes of this policy, a Formal Apology is any of the following made on behalf of the Board, the Chief and/or the Toronto Police Service (the Service): A public expression of sympathy or regret, a public statement that they are sorry, or any other public words, statements or actions indicating contrition or commiseration. A Formal Apology is not an admission of legal fault or liability.

Guiding Principles

This policy is intended to guide the Board and Chief of Police in the development and delivery of a Formal Apology, once the decision to issue one has been made. It does not restrict their discretion, but provides a framework to ensure that Formal Apologies are meaningful and constructive.

When considering a Formal Apology to a community, the Board or Chief is encouraged to assess whether past policies or systemic practices have impacted a community, and whether they are positioned and able to address the root causes of the impact, in consultation with the affected community. They are also encouraged to consider whether an apology would help rebuild trust and restore dignity among those impacted.

In cases involving impacts on individuals, including deceased persons whose families are impacted, the Board or Chief is encouraged to consider whether a Formal Apology would contribute to healing, restore dignity, and strengthen trust between the Service and the broader community.

Policy of the Board

It is the policy of the Board that:

Making a Formal Apology

1. Any decision by the Board to make a Formal Apology on behalf of the Board, will be made in consultation with the Chief. Any decision of the Chief to make a Formal Apology on behalf of the Toronto Police Service will be made in consultation with the Board.
2. Such consultation will include discussions regarding whether the Formal Apology should be made jointly by the Board and the Chief.

Consultation Process

3. When a Formal Apology is made to a community to address historical or systemic impacts of policing:
   1. The Board and/or Chief, as the case may be, will ensure that the impacted community is consulted in advance of the Formal Apology. For that purpose, the Board or Chief will:
      1. Strike an Apology Advisory Group composed of members of the impacted community members who represent a cross-section of the impacted community and other stakeholders, and who can provide advice regarding historical context, matters of cultural significance, and important information necessary to developing a Formal Apology; and
      2. Develop a consultation and engagement plan with the Apology Advisory Group that provides for participation of internal and external stakeholders, as well as key partners.
   2. The Board and/or Chief, as the case may be, will consider the advice of the Apology Advisory Group, as well as the consultation and engagement received, to ensure that the Apology takes place in a manner and at a location that is respectful and considerate of the impacted community.
4. When a Formal Apology is made to an individual:
   1. The Board and/or Chief, as the case may be, will ensure that the recipient of the Apology, or their family, where the individual is deceased, is advised in advance of a Formal Apology;
   2. The Board and/or Chief, as the case may be, will consult with the impacted individual, or their family, to ensure that the Formal Apology takes place in a manner and at a location that is respectful and considerate of the individual recipient; and
   3. The Formal Apology shall take into consideration the impact on all criminal, regulatory, disciplinary, quasi-criminal, civil, or commission of inquiry proceedings with respect to the fact or situation that led to the Formal Apology, and whether the matters have concluded.

Miscellaneous

5. Nothing in this policy should be interpreted as applying to private expressions of sympathy or regret by the Board and/or the Chief.
6. A spontaneous good faith public or private utterance made by the Board, a Board Member, the Chief, or Service Member, does not constitute a Formal Apology for the purposes of this Policy.
7. Any private or public apology made on behalf of the Board, Chief, or Service under this policy or otherwise is made pursuant to the Apologies Act, 2009, c. 3 and should not be treated as an admission of legal liability or fault of the Board, Chief, Service or any other person.