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ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
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Citation: 1997 ONCPC 4005
IN THE MATTER OF an application by the Town of Goderich for consent to the abolition of the Goderich Police Service
Presiding Members:
Murray W. Chitra, Chair
Sam Cancilla, Member
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## Background:
On September 24, 1997 the Commission held a hearing in the Town of Goderich to consider a request under [section 40](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p15/latest/rso-1990-c-p15.html) of the [Police Services Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p15/latest/rso-1990-c-p15.html), R.S.O. 1990, c. P.15 as amended (the “Act”).
Specifically, the request was for permission to abolish the Goderich Police Service, in order that the municipality could enter into a contract under [section 10](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p15/latest/rso-1990-c-p15.html) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p15/latest/rso-1990-c-p15.html) for policing services to be provided by the Ontario Provincial Police (the “OPP”).
At that time, we received a formal presentation from Mr. D.J. Murphy on behalf of the Town Council of Goderich (the “Council”) and the Goderich Police Services Board (the “Board”). As well, a total of 20 individuals gave evidence or offered submissions.
On October 27, 1997 we provided a written decision. We concluded that the proposal was satisfactory from the prospective of staffing, supervision, communications, dispatching and equipment.
However, we were not satisfied with the aspect of the proposal dealing with accommodation. Specifically, the plan was to close the existing police facility in the town core and move the staff several kilometres away - to the OPP Detachment located on Highway #21.
We had concerns about the capacity of the existing detachment facility to satisfactorily accommodate the additional staff. We did not believe that a community the size and location of Goderich could be adequately policed without a visible local presence in the form of a police office.
At the hearing we were provided with copies of resolutions calling for the establishment of a “storefront” police office in town at some unspecified date before January 1, 1998. But, as we noted at page 11 of our decision:
…There are no firm details about location, size, furnishings, cost or other essential matters. There is no lease, floor plan, construction schedule or specifically dedicated funds for such work.
The practical details of the working agreement between this office and the detachment do not appear to have been fully determined. For example, would the storefront have a holding facility? Would there be computer access to CPIC and OMPACC? Where would firearms be stored? Where would police vehicles be parked?
In the absence of such information, we are not able to assess whether such a facility would meet the needs of the community …. Absent a specific plan, we cannot conclude that the overall proposal would allow for adequate and effective policing.
Given this, we were not able to grant our consent under section40. However, we concluded our decision by stating: “ … recognizing the work and effort that have gone into this application and our findings with respect to the other essential elements, we will remain seized of this matter for 90 days. If a detailed plan for facilities with appropriate firm commitments can be presented within that time we are prepared to revisit our conclusion.”
## Decision:
Over the course of the past weeks Mr. Murphy, on behalf of the Town Council and Goderich Police Services Board, has provided us with further details on the matter of accommodation.
Since our decision, Council and the Board have identified premises at 48 The Square for the purposes of a “storefront” community policing office. This building has approximately 1283 square feet of space and is located in the centre of the town around the corner from the present police station on West Street.
A bylaw (# 83/1997) was passed by Council on November 3, 1997 authorizing the Mayor and Clerk to enter into a lease with the owners of the building (Mary Elizabeth Donnelly and Muriel Emily Murphy). We were provided with a copy of the lease endorsed by both the Mayor and Clerk.
It is to commence on January 1, 1998. The term is one year and the monthly rent is $1,029.61. The bylaw also provides that funds to establish the office shall be taken from the town’s capital building reserve fund.
We have been provided with a detailed architect’s plan prepared by Mr. Allan Avis for the modification of the premises and a detailed cost estimate for the necessary renovations and furnishings. This projected expense approved by
Council is $59,869. A building permit (# 97-206) was issued for the proposed renovations on November 24, 1997.
From the time of taking possession (January 1st) the Commissioner of Works for the Town of Goderich and the architect estimate that two months will be required to complete the required modifications. A contractor has been identified to undertake the work.
Two parking spaces in front of the building are reserved for police vehicles. This was confirmed in a bylaw (#84/1997) on November 3, 1997. At the rear of the building is a 50 space public parking lot. Two further spaces will be reserved in this area for police vehicles.
We have also been provided with a copy of a report from Staff Sergeant Baldwin of the OPP dated November 5, 1997. He advises that OMPACC lines will be installed at the storefront office to allow for both OMPACC and CPIC access for members working out of that office. He also states that 13 secure steel boxes which meet federal legislation will be installed for firearms storage. As well, a property room with a metal door and Abloy lock will be constructed.
In addition to the property room, the office will contain separate men’s and women’s locker rooms and washrooms, a breathalyzer room, an interview room, a Sergeant’s office, a secretary's office and a common constables office. The building will be secured by push button door locks and an alarm system.
We have been provided with an inventory of furniture. Some will be moved from the present police facility. The remainder will be either purchased or installed by the contractor.
We are advised that the storefront facility will not contain holding cells because of space and cost implications. Possible alternatives were examined which included the use of cells at the current Goderich Police Service building or County Court. Both were rejected in favour of the use of the holding facilities at the OPP detachment. We were provided with a copy of a signed licence agreement between the Ontario Realty Corporation and Board for such purposes dated May
1, 1997 for the use of four cells.
It is proposed that the storefront office will be staffed by the identified contract complement (i.e. 1 supervising sergeant, 12 constables and I clerical worker). Supervision during the week would be provided by the contract sergeant. During evening hours and on weekends supervision would be provided by a sergeant from the Highway 21 detachment.
minicounsel