Policing Lecture Notes Nov 17

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University of Toronto St. George
Woodsworth College Courses
John Vervaeke

Policing: November 17, 2010 • Going to look at policing protests and mass demonstrations. Cut down the terrorism lecture. • 9 to 5 pm.-send an e-mail if questions about the exam. (by woodsworth college) • One of the best sources: Willem Dehint—wrote about the Ipperwash Inquiry-thoughtful analysis-in terms of starting point might be a starting point wishing to start your topic on this paper. The title of the paper is Public Order Policing in Canada and Analysis of Operation in Recent High Stake Event. • Most protests are peaceful. • Protest policing: • This definition by Jerome Skolnick (1978): we’re talking about public order policing; large scale events. • Jerome defines protest policing as “the use of police authority and capacity to establish a legitimate equilibrium between governmental and societal, collective and individual, rights and interests in a mass demonstration of grievance.” • Policing involvement in controlling demonstrations is usually accepted. • Policing tactics and method that the police use are challenged and criticized. • In terms of large scale public order events—police take three main categories of tools with them to public order crisis: • 1) The law • 2) Communications (i.e. intelligence) and • 3) Force • • 1) The law: We’re making reference to all various legal tools the police have at their disposal. We’re talking about things like the criminal law, civil statues, by-laws, things like emergency measures, things like court injunctions, things like road closures, and many types of legal tools. They are powerful. If think of permit of one should have before staging a parade—just the fact you as a person want to organize a demonstration you need to go to city and to get a permit. The law imposes conditions; always, a way of helping policing so they can successfully control the events under the terms the police are comfortable with. –always come down to whether the police can manage the event. With respect to the criminal law, police protests and demonstrations---sometimes overly broad criminal laws—as we saw during the G20 summit—the police can arrest and remove anyone in www.notesolution.com breach of the peace—there is case law that holds that shouting through a megaphone may trigger violation of the peace. There is also an event of causing a disturbance—you’ll see that causing a disturbance includes all kinds of things: you’ll see that causing a disturbance includes things like shouting, screaming, fighting, singing, or using insulting or obscene language. • In the APEC article, by Richard Erikson, the person was arrested on saying stupid things. • While the playing field is quite large; there are constraints as well. • Constraints in Police tactics: • 1) The police organization and culture: police are subjected ao all these internal rules; subject to internal discipline: operate under much less oversight. • 2) Public Opinion: the police view their role and organization in terms of a service. We said that this whole notion of community policing really implicates the community. They have to be concerned and in tune of public opinion. It is the public that pays for their salary. • 3) Wider political culture: complicates the whole scenario. The wider political culture can restrain a course of action or enable a course of action. By political culture we say that Canada is a democracy-citizens have constitutionally rights. All state officials are obligated to facilitate this right. The wider political culture should serve as a constraint. Technically, wider political culture asks as a check of what the police can do. Erikson and Doyle talks about the wider culture—it becomes an enable of a particular type of police conduct. • In London, England, there are 3 protests every week; and usually very peaceful, protest in the UK—all these policies being voted on in the United Kingdom. • Living in democracy does not protect us from brutalness from the police—seen in G20 summit this summer. We shouldn’t be reassured that we live in democracy—richard erikson and doyle say that we have a tendancy that democracy is a zero sum game. You either have one or you do not. There are times you have more democracy and sometimes you have less. So the level of freedom is going to be dependent on the political culture. The existing political culture is crucial into influencing how police leadership is going to make decisions of how to control a particular protest. • E.g. in great Britain, long term trend in less violence; nice long trend of exchanges of police and the protests; when margarat thratcher—she sends the message to the police chief—far more forecefully against strikers. www.notesolution.com • The result of this was unparallel brutality against strikers. • We can talk about this in context of Canada. Canada’s police responsive in changes in government and in policy---balance of crim law and civil rights. • www.ipperwashingquiry.ca • Apec—all decisions made by prime minister had an impact on policing strategies that were finally impacted. (Jean cretian at that time) • The policing literature have found good support for this view that government and police leadership (who is the head of OPP?) that is going to impact on the police style and kinds of value—values are going to be pre-eminent of policing organization. The particular value system is going to constrain or enable a particular approach. The police take a particular strategy or tactical approach to them. It is going to widen or narrow the range of options. The general literature has identified two general strategies tactical strategies the police will use to the management of protests. • 1) Escalated conflict model: o also referred to as a control approach, a paramilitarized approach (explicit chain of command and superior training- you’re going to send your special and tactic unit-the police officers in this unit have superior training), or a hard hat approach. o Oriented around a strong show of force-obvious willingness to use force. It is characterized by the use of force as the routine way of dealing with demonstrations. Gradually going to escalate if public does not abide. o Strict enforcement of the laws in all instances o Could also involve the use of force as an alternative to making arrests-arrests can occur—no violation can actually occur. o Arrests are very vigorous—mass arrests; they are often targeted in trying to remove known agitators. o Charter rights often ignored-generally ignored-very forceful type of intervention-the point is to clear the protest site as fast as possible. • 2) Negotiated management model: o A clever approach. It places the emphasis on places things like liason—all about building liason (forcing of relationships of protest leadership). It is consistent with community policing. Things like community approach. Number of priority is to avoid police force. o also referred as a service approach or soft hat approach www.notesolution.com o very consultative o pre-emptive, intelligence based o seeks the avoidance of displays of police force o emphasizes the use of “guile” rather than force o emphasis on order maintenance rather than strict law enforcement o emphasis on engineering the physical environment. • 3) Hybrid Model o William Delint says it is a blend of a two model o It is the hybrid model we see much more of in Canada. o The police come hoping for sunshine but they always get rain— come for soft hard—but prepared for rain. (hard hat) o • When it comes to approaches—two contradictory views: what the literature is saying in terms of western world—we see a return back to the escalated conflict model. The idea of increasingly militarized police force. Very willing and very able to suppress protest by force rather than low key methods. Some argue that in fact this is the preferred approach. The more state of the art they are; police are going to feel like they are in control. To not feel in control for police makes police officers feel vulnerable; element of the unknown. Think of the framework—others things do not use paramilitaric control. This notion of escalation is crucial here. We’re always concerned that through the use of a particular tactic—the police may escalation. We’re worried about escalation in the first appro
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