Category Archives: Uncategorized

To Expunge or not Expunge

The Winnipeg Police Service is  requesting a change to the by law governing the retention of police discipline records.  Once approved by Council, disciplinary records will be expunged after five years of discipline free performance.

The Winnipeg Police Association has been pushing for such a change for some time.  What’s different about the current proposal is that it’s the  Winnipeg Police Service advocating for such a change.  The Winnipeg Police Association must have been in a position to use some leverage in order to persuade the Winnipeg Police Service to put forward this proposal.

Since the ruling in R. v. McNeil which required that the police turn over to the Crown disciplinary records for officers involved in criminal cases, police across the country have been attempting to find ways to avoid turning over such records.  In other words they have been looking for a sure-fire loop-hole.  Expunging police disciplinary records seems to be the answer.

The report submitted to EPC actually says that.

What is perhaps even more disturbing is the second portion of the proposed by law change that would require that an informal resolution process be considered in all disciplinary cases.  Cases handled informally would not generate an entry on a discipline record and therefore would never be subject to disclosure.  So the first part would expunge records that currently exist, and the second part would ensure few, if any, future entries on officers’ files.

To top it all off, according to a report in the Winnipeg Free  Press the Chief of Police is apparently taking the position that because criminals can apply for a pardon after 5 years it only makes sense that police officers should have their records expunged after 5 years as well.  Talk about lowering your level of expectations by comparing police officers to criminals.  Whatever happened to the principle of expecting the very best from police officers and holding police officers to a higher standard?  The Chief’s position on this is poorly thought out and just plain wrong.

It’s one thing for criminals to attempt to circumvent the intent of court rulings.  No surprises there.  We should, however, be entitled to expect more from our police.

City Considers Counting Our Movements

Patrons will need to use the washroom so add a user fee.

In a recent post I used the above line to illustrate how the owner of a sports franchise could raise revenues without increasing ticket prices.

Needless to say,  I was surprised to read in the paper this morning that the city is looking at imposing a per flush user fee on  toilets in private homes.  They are actually seriously (apparently) looking at installing a meter on each and every toilet in the city and counting how many times we push down the handle.

When I suggested a washroom user fee I was joking guys.   I was not serious.

I guess I’m going to have to be more careful in the future.  The revenue (and idea) starved city bureaucrats are liable to jump on any idea that could generate revenue without increasing property taxes.

What’s next?  Another little meter attached to the dishwasher (why wash them if they are just a little dirty), a meter attached to the shower head (why shower if you are just a little smelly)?Where does it end?  Perhaps with a little camera or two in every home, hooked into the City’s CCTV network to monitor water usage and whatever other activities that the City thinks it might be able to apply a user fee to ?

Note to city bureaucrats and politicians:  The above examples are intended to make a point, they are a joke, NOT FOR IMPLEMENTATION.

The Little Commissioner (Bettman) May Have it Wrong

In the late 1700’s Jean Jacques Rousseau proposed the concept of the social contract.  It works like this:  each individual gives up a degree of independence and personal freedom by  giving authority to the “sovereign”, in most cases government, to act on their behalf for the good of all.  In return the individual receives security and protection.

In the United States the principles of the social contract are  embodied in the Constitution.   In  Canada, the principles can be found in the Charter of Rights and Freedoms.

The idea of the social contract,  though originally directed only at the relationship between the people and their government, has pervaded many other aspects of western society.

There is an informal social contract between the National Hockey League (NHL) players, owners, sponsors, the public and the government that allow things to happen on the ice, which, if they happened anywhere else would be a crime.

Hence the phrase “that’s part of the game” in reference to fighting and the many other forms of hooliganism we see on the ice.

There is a tacit understanding  that a certain degree of physical violence is acceptable, perhaps indeed required, to maintain public interest in professional  sports.  A little violence here and there  ensures the seats in stadiums and arenas are filled, the television ratings stay high and the leagues continue to be able to sign those much-needed lucrative television contracts.

So every day we have things happening in hockey arenas, football fields, boxing rings and other sports venues that if they took place outside such venues would be criminal.

The other side of that understanding is that professional sport organizations police themselves and enforce a code of conduct that protects individual players.  The protection comes from professional  leagues providing adequate “penalties” in the form of fines and suspensions to regulate behavior.

The social contract breaks down when the league fails to do its part to protect players.

A recent example is the hit by  Zdeno Chara  of the Boston Bruin which  propelled  Max Pacioretty of the Montreal Canadiens into a stanchion, resulting in  serious injury. The NHL’s response was the tried and true “that’s part of hockey”.  Essentially no repercussions.

Other professional sports like the National Football League have  finally taken serious steps to protect players by changing its policy on hits to the head.  The NHL however seems to be content to allow the senseless violence to continue.

There have been a few examples of violence in hockey that resulted in criminal charges.  Those cases involved obvious intent to injure.  Chara, of course, claims it was not his intention to injure.  Would you expect him to say anything else?

The Chara/Pacioretty incident in Montreal has sparked public furor.  In Montreal hockey and Les Canadiens are a religion and Montreal Police are conducting a criminal investigation into the incident.  Even the Federal government is getting in on the act.  Sponsors like Air Canada and Via Rail are voicing their opinion and concerns.  The long-standing social contract may be unraveling.

What is NHL Commissioner Gary Bettman’s response?  He is basically thumbing his nose at everyone.

All of this should serve as a wake up call for Gary Bettman (the little Commissioner) and the National Hockey League. Perhaps their defence that fighting and violence is an  inherent part of the game is wearing a little thin with a whole bunch of people.

People are realizing that there is another brand of hockey out there, the brand of hockey that is played at the Olympics, and the World Juniors that is at least as entertaining and perhaps more skill based than what the brand of hockey the National Hockey League is pushing.  A brand of hockey that does not tolerate mindless on ice violence and that makes a serious attempt to ensure that players like Sidney Crosby get to showcase their talent for all to enjoy as opposed to being sidelined due to concussions.

The little Commissioner and the league need to remind themselves that if they don’t do their jobs, someone else will step in and do it for them.  For the privilege of operating outside of the normal rules that apply to all citizens, they have an obligation to ensure the safety of players in the arena.  When they violate the social contract all bets are off.

The Four Ten (4/10) Shift Schedule

In a previous post I wrote about the 18:1 ratio and indicated that in a future post I would outline why it takes 18 officers to staff one patrol unit.

First, let me start by providing an overview of  the uniform patrol shift schedule used by the Winnipeg Police Service.  It is generally referred to as the 4/10 shift schedule.

Police officers assigned to the six  general patrol divisions are split into 2 platoons, essentially 2 police departments,  A-Platoon and B-Platoon commonly referred to as A-Side and B-Side.  When A-Side is working, B-Side is off and vice versa.

Each platoon is subdivided into 3 sub-platoons to correspond to the 3 shifts: day shift, evening shift and midnight shift. Platoons are identified as A1, A2 and A3 and the same on B-Side.

A person working an 8 hour day, 40 hour week ends up working 2080 (52 x 40) hours a year with every Saturday and Sunday off.  This works out to 260 working days, and 104 days of weekly leave.

Police officers working the 4/10 also work 2080 hours per year.  With 10 hour shifts that means they work 208 days and have  157 days off.

Many people refer to this shift schedule  as the four on/four off shift but that is not entirely accurate.  In order to have a true 4 on/4 off system, the shifts would need to be around 11.5 hours in length.  Because the shifts are only 10 hours, police officers quite often work 5 and sometimes 6 ten-hour shifts and then get 4 days off.

The 4/10 shift schedule also has provision for overlap days where all members of both platoons are scheduled to work.  These overlap days are intended to be used for training, catching up on report writing and other administrative functions.  They are also used as an opportunity for officers to take additional time off.

Lastly, because the day has 24 hours and 3 ten-hour shifts work out to 30 hours, there is an opportunity to overlap the shifts and create a 6 hour period where the number of patrol units on the road is doubled.  This overlap normally occurs between nine at night and three in the morning.

Using the 4/10 shift schedule as a back drop the next post will explain why it takes 18 officers to staff one patrol unit.

End Note

I have noticed recently that although this post was written some time ago it is still getting a steady stream of hits on a daily basis.  If you have any questions about the 4/10 shift schedule in terms of pros and cons or just questions in general please feel free to contact me via email.

For a follow-up on this post click here

Missing and Murdered Women Task Force

Some time ago I wrote a post about the motivation behind the creation of the joint Winnipeg Police and RCMP task force created to reexamine the cases of missing and murdered women in Manitoba.

From the very outset this had all the appearances of a politically motivated exercise.  The Winnipeg police and the RCMP had not been clamouring for additional resources to fund such a task force.  Yet the Provincial government stepped forward, provided funding and initiated the Task Force.

The results to this point have not been anything tangible – no arrests.  That does not mean that the officers assigned to the task force have not been doing their jobs.  In circumstances such as these the police should not be expected to share the results of their efforts publicly.  That could, and in many cases would be, counterproductive if indeed they have new leads or possible suspects.

The Winnipeg Police and the RCMP,  however, could  provide a general overview of what they have been doing in terms of process.  They could, for example, indicate that a certain percentage of the total number of files under consideration have been reviewed.  They could indicate in a general sense whether that review has yielded useful information that has prompted further investigation in some cases.  They could also indicate when it is anticipated that the  review of all the files will be completed.

By saying nothing they are leaving the impression that they have been doing, well, nothing, and I’m sure that’s not the case.

Starlight Tours in Winnipeg Part II

The Evan Maud Case

The taking of a statement and the questioning of a complaint are usually the first steps in the initiation of an investigation, any investigation.

When Evan Maud publicly alleged that members of the Winnipeg Police Service took him on a “Starlight Tour” police were naturally anxious to speak to him.  The reputation of at least two particular officers and in a general sense the reputation of the entire organization was at stake.

So how does this type of investigation unfold?

Firstly, investigators when taking a statement and questioning a complainant must take pains to ensure that all facts possible are obtained from a complainant at the outset.  If an investigation is initiated based on limited or incomplete information and the investigation subsequently reveals inconsistencies the complainant is in a position to modify or add to his/her version of events based on what investigators have unearthed.

Once all facts have been obtained the next step in the investigation is to test the veracity of the complainant’s statement.

This is done by gathering evidence.  Evidence will either confirm or refute what the complainant has said in their statement.  In the Maud case possible sources of evidence would have been:

  • The Winnipeg Police calls for service and officer initiated contacts database
  • The Winnipeg Police vehicle GPS database
  • Winnipeg Transit on board video database
  • Private surveillance video from locations where the compliant indicated he had been prior to during and after the time in question
  • The statements of witnesses the complainant indicated he had contact with

Of course only the investigators  privy to Maud’s complaint  have knowledge of all the evidence sources that needed to be exhausted, based on the content of the statement.

Usually when a complainant makes a statement there are at least one of two facts included that will cause experienced investigators to sit up and take note.  There is usually something that the complainant says, that based on the investigators knowledge and experience just does not make sense.

It is often an inconsistent comment made by a complainant that focuses the direction of the investigation during the initial stages.

When I read the media accounts of this incident, the assertion by Maud that police took away his jacket and substituted a sweater was one such statement.  It just did not make any sense and suggested an alternative explanation that accounted for the complaint’s jacket perhaps being missing.

Based on the fact that Evan Maud has been charged with public mischief the evidence to support the charge must be overwhelming as in most jurisdictions charges of public mischief in cases of alleged police misconduct require crown approval before being laid.

The  Winnipeg Police news conference after Maud had been charged was revealing.  Police released a lot of detailed information in terms of evidence that had been gathered to support the charge against Maud.  Much more information than would normally be released in relation to a matter before the courts.

I understand why they did it in terms of supporting their position to charge Maud, but it may have set a precedent in terms of the information the media will demand in relation to other cases in the future.  Much of the information released  had it been asked for in any other case would  had resulted in a “we cannot comment on that as the matter is before the courts” comment.

I was also gratified to see Grand Chief Evans at the new conference.  I’m confident he would not have taken the position he took unless the Winnipeg Police Service shared the full details of the investigation with him.  It took a lot of courage for Grand Chief Evans to take the position he took on this issue.

Grand Chief Evan’s quote reported in the media definitely qualified as the quote of the day.  Grand Chief Evans said:  “I have to stand with the truth, sometimes the truth can take you to very difficult places.”

I’m very pleased this investigation was conducted expeditiously.  Had it been allowed to drag on and hang in the air for months like the Cody Bousquet investigation it would have had the potential to cause great harm to the reputation of the police service and its members.

In this case the Service came out of this with its reputation entact.

By the way, how is the Cody Bousquet investigation coming?

Tax Increment Financing

What is Tax Increment Financing (TIF)

Let’s look at it this way.  There is a piece of  property that is generating minimal tax revenue.  If that property were developed and turned into, say, a shopping mall, the newly developed property would yield significant tax revenues.  The upfront costs of the development are high and require borrowing.  In order to pay back the borrowed money, the ‘tax increment’ (that being the difference between the amount of taxes collected prior to and after the development takes place) is designated to pay back the loan incurred to fund the development.

A simplistic depiction might look like this:

  • Current taxes collected on the property    $100
  • Development costs  $100,000
  • Post development taxes $10,000
  • Tax increment $10,000 – 100 = $9900
  • For the first 10-15 years post development the city would use the tax increment ($9900) to pay back the development loan
  • Once the loan is paid off, the taxes generated from the development would return to the city’s general revenue stream

History of  Tax Increment Financing (TIF)


Although relatively new in Canada and especially Manitoba, TIF has been used in the United States for almost 60 years.  In Manitoba the government introduced a bill in 2008 which led to the enactment of the Community Revitalization Tax Increment Financing Act in 2009.

In a 2008  news release when the legislation was announced, the government indicated:

“Our priorities for TIF include support for the further development of Winnipeg’s  inland port, rapid transit system, as well as affordable housing in downtown Winnipeg”.

The government further stated:

“Money collected from a community revitalization property would then be invested only in the same designated area”.

The press release concluded by saying:

“Tax increment financing is used in several American cities to support revitalization and renewal initiatives.  In Manitoba these levies would be used to support economic development, community revitalization such as housing, social and cultural development and heritage preservation”.

The minister of the day also stated:

“It is our intent to consult with and report on the use of tax increment financing to ensure full accountability and support for our priorities”.

The Community Revitalization Tax Increment Financing Act was passed in 2009.

General Assessment of Tax Increment Financing


In the United States TIF has been widely used as a tool to spur economic development in depressed areas.  The general conclusion seems to be that if properly used, TIF can be a valuable tool.

There have been some general criticisms about TIF schemes.  They include:

  • designation of areas as TIF designated areas that would have been developed in any event even without designation;
  • favouritism and special advantage for developers who are politically well-connected; and
  • tax payers bearing the cost of additional public services needed to service the newly developed property.

As an early  attempt at TIF, the Stadium Project, does not seem to fall in line with the stated goals and priorities announced in 2008 prior to the introduction of the legislation.

The tax increment ‘generated’ in the downtown area is being ‘spent’ in the south end of the city- not to develop an inland port, not to support rapid transit, not to create housing in the downtown.  No, instead its being used to build a new stadium at the University of Manitoba.

The Benefits of Openness and Transparency in Policing

One of the keys to the development of positive relations between the police and the community is the creation of a culture of openness and transparency in policing.

During my many years as a police officer I found that when police explain what they are doing and why they are doing it, all but a few members of the public (and the media) ‘get it’. They may not always agree but they recognize and understand the rationale.

What is required from police is a willingness to be open and transparent. Police departments have been and continue to be secretive about almost everything they are involved in. Unless, of course, they are looking for media coverage of positive stories or they need media assistance in getting out a message about a particular case where they need information from the public to solve the case.

Greater openness and transparency on the part of police departments would go a long way to improve the police image in the eyes of the public. It would also provide a greater measure of accountability.

Lets look at an example: there are few issues in policing that create more heated debate than police use of force. Police departments are seldom taken to task for high crime rates, low clearance rates or the like. But, an instance of police use of force, especially if captured on video (such as the Rodney King incident in Los Angles, the Robert Dziekanski incident in Vancouver or the Cody Bousquet case here in Winnipeg) focuses public attention on the actions of police.

One of the main issues when these types of incidents come to the public’s attention is that the public, and to a lesser extent the media, are ill-informed about what police department policies are in relation to use of force.

There are several approaches that can be taken to address  issues like this in a proactive way. One is to create greater transparency in terms of police policies and procedures. If, for example, both the public and the media are fully aware of the police department’s use of force policy, and the policy is a public document, a lot of speculation and misinformation could be avoided.

Secondly, if police departments conducted information sessions explaining their policies both for the media and the public, the resulting dialogue would eliminate many of the misconceptions that exist.

Some police departments such as Vancouver and Portland, Oregon have put their procedure manual on-line – a bold and progressive step.

Police in Oakland, California recently invited the community and the media to a seminar that outlined the use of force training received by members of the Oakland Police Department. The seminar dealt with both the legal use of force framework, as well as hands on demonstration of video simulator training.

Initiatives such as these reinforce openness, transparency and accountability to the public on the part of police and create positive dialogue between the public and the police.

Note: The Oakland Police Department has also opened its CompStat meetings to the public.

Stadium Funding Debate Sparks “Gun-play”

Who is really being childish here?

In a move described by Councillor Russ Wyatt as “having a gun stuck to your head”, the Mayor attempted to ‘walk’ stadium funding onto the city council agenda.  Such a move requires a suspension of the rules.  Wyatt and five other councillors decided not to simply roll over on the issue and notified the Speaker they would not support a suspension of the rules.

This left the Mayor with two options:  put the issue on the agenda for the next council meeting, or call a special meeting.

Councillor Justin Swandel has characterized the move by Councillor Wyatt and the other councillors as a childish stunt.

This prompts questions:

If the exercise of their rights by councillors is viewed as a stunt, then why not change the rules so that the Mayor and Councillor Swandel can walk anything onto the agenda at any time?

Why do the Mayor and Councillor Swandel view this attempt to promote transparency and accountability for public spending as a negative?

Has the obvious lack of due diligence, cost guesstimates and flawed decision-making not already created a large enough mess?  The big hole in the ground at the University of Manitoba says that it has.

Is it not time that someone actually sat down and gave this entire project some sober second thought without rushing it through?

Some of the techniques being employed by the Mayor are very similar to those used by  scam artists: create a sense of urgency, rush the decision, decide right now because time is of the essence, act right now or the price will go up.   Never mind providing the required information to allow proper study and evaluation – just trust me and you can’t tell anyone else about this.   Sound familiar?  It seems the public was already scammed once on the stadium deal.  Should we throw good money after bad money?

Exercising his rights, the Mayor called a special meeting of City Council (not to be confused with a childish stunt) and pushed stadium funding through.    The mayor and his buddies got their way, just a day late.

Due process must be such a downer – especially for politicians with dictatorial tendencies.

 

Marijuana Laws Softened in California

Governor Arnold Schwarzenegger approves downgrading possession of an ounce or less of marijuana from a misdemeanor to an infraction.

Citing budget limitations imposed on police and the courts Governor Schwarzenegger (I still have trouble putting Governor and Schwarzenegger in the same sentence) has approved legislation that downgrades simple possession of marijuana to the equivalent of a traffic ticket.

Simple possession is no longer a crime and will not result in a criminal record in California.  Cultivation and distribution of marijuana remain on the books as criminal offences.

In November Californians will vote on Proposition 19 which if approved would legalize marijuana for recreational use.

Downgrading possession of an ounce or less to an infraction may result in erosion of support for Proposition 19 now that simple possession is no longer a crime.