The Law of Policing
The Law of Policing
The law of policing in Ontario primarily refers to the legislation and regulations that govern the policing profession in the province of Ontario. In 2024, new legislation called the The Community Safety and Policing Act, 2019 replaced the Police Services Act, 1990 and introduced several key changes aimed at enhancing transparency, accountability, and public trust in the police.
The Community Safety and Policing Act is now the main piece of legislation that governs policing in Ontario. The Act outlines the responsibilities of police services, boards, and officers, as well as the process for appointing police chiefs. The Act also sets out the procedures for complaints against police officers and the disciplinary process for officers who are found to have committed misconduct.
Various Regulations provide further detail on the implementation of The Community Safety and Policing Act. The regulations cover topics such as police uniforms, equipment, and vehicles, as well as the procedures for the appointment of special constables.
There is a Code of Conduct which outlines the professional standards that police officers are expected to uphold. The Code covers topics such as honesty, integrity, and impartiality, and provides guidance on the appropriate use of force and the treatment of vulnerable persons.
Lucas O’Hara acts as counsel to police associations across Southwestern Ontario, including London, Waterloo, Sarnia, Chatham, St. Thomas, Woodstock and Strathroy police associations.
Lucas represents subject and witness officers being investigated by the Special Investigations Unit (SIU). Lucas also has extensive experience representing officers under investigation, and subject to charges for Comprehensive Ontario Police Services Act Code of Conduct offences.
Lucas represents police officers and civilian employees involved in employment/labour law investigations and workplace harassment investigation.
Lucas also acts as counsel to individual police officers at Coroner’s Inquests into the death of an individual while in police custody.