The vice-chair of the Toronto Police Services Board has retained legal counsel and will seek a judicial review of a board decision calling for an investigation into comments he made about Chief Bill Blair.
On Feb. 12, two members of the board filed complaints about comments Coun. Michael Thompson made to the Toronto Star, in which he criticized Toronto police for their strip-search practices and overspending and said he would not support a renewal of Blair’s contract after it expires in April 2015.
The board then met the next day to discuss the matter and decided that Thompson “potentially” breached their code of conduct with the comments and requested that the Ministry of the Solicitor General conduct an investigation into the matter.
According to a news release from Thompson’s lawyers Clayton Ruby and Gerald Chan, the decision should be overturned because the board didn’t actually determine that Thompson violated the code of conduct as required for the Ministry of the Solicitor General to conduct an investigation.
Furthermore, the news release states that Thompson was not given an opportunity to defend himself at the meeting nor was he allowed to attend as an observer.
The news release also says that the board created a “conflict-of-interest” by allowing the two complainants to vote on the matter.
“Simply put, it cannot be a violation of the code of conduct to criticize the chief of police,” the release states. “To say that this is potentially a breach, as the board has done, is to stifle public debate, violate free expression, and undermine the board's own mandate of exercising vigorous civilian oversight of the Toronto police.”
Speaking with CP24 about the case Tuesday morning, Ruby said that the practices and costs of policing are public matters and that Thompson had a “right and duty” to speak about them.
Mayor Rob Ford also spoke out on the matter, telling reporters at city hall that as vice-chair Thompson is entitled to voice his concerns about the Toronto Police Service.
“Michael is my representative on the board and if he has a difference or a problem with the board and or the chief that is his prerogative,” he said. “All the members should get a say; that is why we have various members on the board.”
Toronto Police Services Board chairman Alok Mukherjee declined to comment on the application, citing his policy not to discuss matters before the courts.
The application for judicial review will go before a three judge panel at the Ontario Divisional Court.
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