Definition of Policing
- Policing was flat down and lateralized
- Prof was walking down the Georgian Bay and saw a metal marker (a survey
marker) done by licensed surveyor that surveys boundaries of places. Can
face punishment when touched. It reminded prof about policing. This idea of
hyperlaxis or hyperlaw. That is governed by thousands of statues involved.
Majority of it we don’t even know they exist. Survey says Canadians are
governed by 50,000 different statues. It is kind of legal machinery that makes
lives governable. So this idea of hyperlaxis, the network of law/statue.
State and Non-state
- Division of power that exists – federal, provincial, and municipal.
- State - Police officers are like peace officers.
- Police officers are quite largely spread and don’t necessarily have to do with
- There is a continuum and grey area between state and non-state, in which
some agents are in non-police departments and have peace officer power or
- i.e. Public and private mentalities and authorities
- i.e. Special constables acquainted by the local policing force. They often play
roles that are like police, but don’t necessarily have training like police or are
- Examples of Special Constables:
o TTC – they used to have SC. But they are no longer SC. Generally
speaking, yes, transit security has SP that allows them to enforce
certain things like tress property act, etc. Low level status police.
o Campus police – they have full peace officer/police power. They
enforce many things like security cameras, license act, traffic act,
municipal by-laws, smoking, etc. They also have power to act like
peace officers according to the criminal code.
o Ontario Hydro – also has SC.
o Animal welfare agencies – to enforce animal welfare.
o Toronto Community Housing – policing on public housing programs
o Even in governmental agencies that have nothing to do with
enforcement often have specialized special constables, for example
Canadian Food Inspection Agencies.
o Ontario Regulation Competition Theorem – bureau set up to control
financial transactions, they have 8 SC. They are both peace officers
and have full police power, and have specific types of legislation and
- SC in these hybrid agents occupies spectrum of state and non-state. The other
types of activity on this continuum are paid-duty officers. What are paid-duty
officers? o i.e. The Highway Traffic Act mandates certain construction activities.
The contractors must hire paid-duty officers to oversee what is going
o i.e. In order to get entertainment license in Toronto, they need to hire
so many peace officers for security.
- Peace officers are hired for private or semi-private purposes. This at times
causes controversy – is it reasonable to use of public resources? (Power of
authority being used for profit)
o Some police go to funerals, ceremony with a lot of guests, etc. to guard
and do security work. If you are single police officer, you have a lot of
time on your hands, and if you go and do some extra work you will
make more money. This is the grey area of public interest of police
officers in private industry.
o But in some area, police do construction type of activities. You used to
have to have peace officers on site as supervisors for safety according
to the City of Toronto by-law, as cost-cutting measure, they got rid of
that so there is loss of paid-duty work for police officers.
- Why do people do paid-duty? Why would construction workers hire them?
Because of liability – it improved their liability when police officers are
- Is it public interest that events should be responsible to hire police? i.e.
Caribana – few years ago, there was no requirement whether organizers
should hire police duty officers. People in Carribana started thinking that it is
unfair that some groups need to pay for these and some don’t.
- Policing the protest – holding traffic, causing disruption
- This brings very central question: who should pay for paid-duty officers when
they organize events, and where to draw the line?
- There is a continuum here – there is no straight legal dichotomy between the
state and non-state. There is continuum of legal status and authority, often
involving peace officers, with state police at one end (number of hybrid state
of police agencies in the paid security) and non-state. There is paid security
that provides them with government sources. Then the security company
needs to provide contract etc. Almost all security screening even after 9/11
has heavy reliance on it. Don’t underestimate the continuum between public
and private interest, authority and legal powers – often, our ability to
distinguish between these things
- Definition (39:20) or might be in L2.
- We are not talking about community bounded by state or neighbourhood,
but it can be individuals with same interest and imagined communities like
o i.e. Tamil community in Toronto protesting. It had to do with
specifically geographic area but also visible communities and their
sense of cultural and ethnic identity, and international/national self- identity. They were protesting for hours, got media attention, and
everyone was safe.
o i.e. Gay community
- Creates all sorts of situations for police and community policing. This is a
new type of community – how do you fit with the idea of what the policing
used to be?