On September 7th, 8th and 9th, 2011, an historic case in the public’s struggle against widespread police impunity and towards accountability will be heard in Toronto in an Ontario Court of Appeal. The Schaeffer/Minty case has asked Ontario’s court of law to address the longstanding O.P.P. conducts of lawyer note vetting, delayed note writing and the joint retaining of the same counsel by both subject and witness officers involved in an incident that has fallen under the mandate of the Ontario’s Special Investigations Unit. The S.I.U. is Ontario’s civilian oversight body and is mandated to investigate incidents where serious injury or death has resulted from the actions of police officers. The O.P.P. has fervently defended their internal policies; policies which allow officers involved in an S.I.U. investigation to defy witness segregation laws, to confer with a lawyer before giving their witness testimonies and to defer writing independent and contemporaneous notes immediately after an incident and before the end of their shift, as the law indicates an officer must.
These contested OP.P. policies and resultant conduct are widespread practices which have deeply shaken and undermined the families’ and the public’s confidence in the ability of the S.I.U. to appropriately address civilian death at the hands of police. Absent court intervention, the Schaeffer and Minty families’ contend that this questionable O.P.P. conduct will continue to undermine the integrity of the administration of justice.
The O.P.P. argues that it has every right to determine the policies that will inform their employees’ work and that criticism of these policies are matters to be addressed in the legislature and not in a court of law. The S.I.U. argues that it is constrained in its ability to fulfill its mandate because O.P.P. policies result in action by officers that inhibit S.I.U. investigators from accurately and reliably ascertaining what has occurred in an incident resulting in a police killing. Families and communities of those greatly harmed or killed by police action are left, not only with the loss of their loved ones, but a judicial system that cannot, in its present form, provide appropriate or trustworthy accountability to the public it serves.
The Schaeffer and Minty families are asking the courts to make a legal declaration relating to the interpretation of various section of the Police Services Act, Ontario Regulation 673/98 “Conduct and Duties of Police Officers Respecting Investigations by the S.I.U.” and other related Rules. In particular, the Appellants seek to have a court of law legally determine if the contested conduct of officers involved in these two cases was authorized by statue or regulation or if the conduct of O.P.P. officers in the cases of the death of Douglas Minty and Levi Schaeffer was indeed, not legally authorized.
HOW YOU CAN HELP:
*COURT SUPPORT
Join the Schaeffer and Minty families and the Coalition Justice For Levi in court on September 7th, 8th, and 9th at OSGOODE HALL (130 Queen Street).
It is extremely important to provide a visible reminder to the legal system determining this case that there are many people united in support and solidarity who are closely watching and who hold a definitive public interest in the outcome of these matters. Please note this is not a demonstration but a call for appropriate and respectful court support.
*LETTER WRITING
Write to Ontario’s Attorney General, your M.P.P. and/or to the media to confirm public interest in seeing these contested matters determined in a court of law. Send a letter of support and solidarity to the Coalition Justice For Levi to publish on our website. E-mail at attorneygeneral@ontario.ca
Mailing address:
Ministry of the Attorney General
McMurtry-Scott Building,720 Bay Street, 11th Floor, Toronto, ON, M7A 2S9
*FUNDRAISING
Donate towards the legal fund to empower the Schaeffer family to pursue this important case. Donate by PayPal at
www.justiceforlevi.org. Organize a fundraiser. Get involved and lend your skills and time to help facilitate this fundraising campaign.
*AWARENESS RAISING
Send this call out far and wide. Post this call out. Share the story of this case with your community. Contact the Coalition Justice for Levi to receive pamplets and information you can help distribute. Organize an information night and/ or invite members of the Coalition Justice For Levi to speak at one of your events.
*BE THE MEDIA
Provide independent and critical coverage of this historic court case. Help document and create materials to help with fundraising/awareness raising.
Thank you for your time and interest.
Respecfully,
Rachelle Sauvé (on behalf of the Coalition Justice For Levi)
