Policing the Police: Public Perceptions of Civilian Oversight in Canada

• Author: Jihyun Kwon,Scot Wortley
• DOI: http://doi.org/10.1177/2153368720924560
• Published date: 01 October 2022
• Date: 01 October 2022
• Subject Matter: Articles

Article

Policing the Police: Public

Perceptions of Civilian

Oversight in Canada

Jihyun Kwon

1

and Scot Wortley

1

Abstract

We examine public perceptions of the police complaints system in Ontario, Canada,

using results from a general population survey of Toronto residents. Most of our

respondents have indicated that they would file a formal complaint if subject to police

verbal abuse or brutality. Yet, a large proportion of these same respondents did not

believe their complaint would be treated fairly. Consistent with the broader literature,

these perceptions of unfair treatment are particularly widespread among Black

respondents and those with low levels of confidence in local police. Despite decades

of structural reforms, only few respondents indicated that they would report their

complaint to a civilian police oversight agency explicitly tasked with reviewing police

complaints. Regardless of racial background, most respondents nonetheless believe

that police complaints should be investigated by independent (nonpolice) investiga-

tors. We conclude with a discussion of the recent legislative reform efforts that have

taken place in the province.

Keywords

police oversight and accountability, complaints system, administrative oversight, race

and public opinion, general public survey

Police accountability is integral to the governance of any democratic state. As both

law enforcers and control agents, the police must earn the public’s trust in order to

elicit cooperation and compliance. Thus, securing faith in the police should promote

public safety (Goodman-Delahunty et al., 2013). Recently, there has been interest

among many public officials and police administrators in establishing civilian

1

Centre for Criminology & Sociolegal Studies, University of Toronto, Ontario, Canada

Corresponding Author:

Jihyun Kwon, Centre for Criminology & Sociolegal Studies, University of Toronto, 14 Queen’s Park

Crescent West, Toronto, Ontario, Canada M5S 3K9.

Email: ji.kwon@mail.utoronto.ca

Race and Justice

ªThe Author(s) 2020

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DOI: 10.1177/2153368720924560

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2022, Vol. 12(4) 644–668

oversight of the police. Such initiatives could maintain, if not restore, trust in the

police and improve police–community relations.

Public support for the police is critical to police efficacy (Miller & Merrick, 2002;

Prenzler, 2004). Public mistrust of accountability systems, however, can result in

mistrust of the police themselves (LeSage, 2005). When the public becomes mis-

trustful of the police, maintaining the legitimacy of the criminal justice system and the

democratic process becomes more challenging. Therefore, it is important to under-

stand the general public’s perceptions and expectations of police accountability

systems as part of efforts to establish effective oversight mechanisms.

Many scholars have focused on whether civilians view the police as fair, impartial,

and legitimate (De Guzman, 2008; Prenzler, 2004; Tyler, 2006). Studies on the per-

ceived fairness and efficacy of police oversight have also emerged since the late 1980s

(Brown, 1987). However, most existing studies tend to center on the views of either

complainants or police officers. By contrast, research on public perceptions of police

oversight remains limited. To address this gap in the literature, this article examines

public perceptions of the police complaints process in Ontario, Canada, using results

from a general population survey of Toronto residents.

Literature Review

Police complaint mechanisms exist in various formats and embody a diverse set of

expectations and objectives. Historically, police oversight was an “in-house” propo-

sition. The police investigated and adjudicated civilian complaints using internal

review processes. Early research consistently revealed public dissatisfaction with such

internal accountability systems. Civilian dissatisfaction has been documented with

regard to both process and outcome when complaints are filed through traditional,

police-controlled oversight agencies (e.g., Maguire & Corbett, 1991; Waters &

Brown, 2000). Public discontent with police-based accountability mechanisms

eventually led to calls for reform and a dramatic increase in the number of civilian-

oriented oversight agencies within liberal democracies (Harrison & Cunneen, 2000;

Miller & Merrick, 2002).

Despite reform, subsequent research suggests that complainants still feel that their

grievances against the police are not investigated fairly or independently. Such

findings are consistent across jurisdictions: England and Wales (Kang & Nella, 2009),

Northern Ireland (Police Ombudsman for Northern Ireland, 2017), the United States

(Bobb et al., 2006; De Angelis & Kupchik, 2006; De Angelis, 2008; McDevitt et al.,

2005; Ridgeway et al., 2009), Australia (Crime and Misconduct Commission [CMC],

2011; Office of Police Integrity, 2008), and Canada (Citizen Complaints Review

Committee, 1999; Landau, 1996; Schulenberg et al., 2017). These findings reflect

complainant disappointment with various aspects of the complaints process including

complaint reporting mechanisms, investigation length, investigation integrity, case

feedback, case outcomes, and disciplinary decisions. Complainant satisfaction is

unrelated to whether complaints are filed directly with the police or through a civilian

oversight agency (Bobb et al., 2006, De Angelis, 2008; Livingston, 2004; Perez,

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Kwon and Wortley