SOC 327: Policing in a Democratic Society

Fred Desroches

Estimated study time: 1 hr 11 min

Table of contents

Sources and References

This text draws primarily on C.T. Griffiths, Canadian Police Work (5th ed., 2019), supplemented by F. Desroches, The Crime That Pays: Drug Trafficking and Organized Crime in Canada (2005). Additional scholarly sources include R. Ericson, Reproducing Order: A Study of Police Patrol Work (1982) and Policing the Risk Society (1997); D. Bayley, Police for the Future (1994) and Patterns of Policing (1985); R. Reiner, The Politics of the Police (4th ed., 2010); J. Chan, Changing Police Culture: Policing in a Multicultural Society (1997); A. Goldsmith, Complaints Against the Police: The Trend to External Review (1991); P. Stenning, Accountability for Criminal Justice (1995); S. Mastrofski, Policing for People (1999); E. Skolnick, Justice Without Trial (1966); W. Muir, Police: Streetcorner Politicians (1977); H. Goldstein, Problem-Oriented Policing (1990); and G. Kelling & J. Wilson, “Broken Windows” (Atlantic Monthly, 1982). Canadian empirical research by C. Murphy, B. Leighton, R. Lunney, T. Palys, and L. Tanner is also incorporated throughout.


Chapter 1: Introduction to Policing in a Democratic Society

The Nature of Policing

Policing (警务) refers to the organized maintenance of public order, enforcement of law, prevention and detection of crime, and the protection of persons and property. In democratic societies, police are state agents vested with extraordinary powers — including the authority to deprive citizens of their liberty and, in extreme circumstances, to use lethal force. This unique mandate places the police in a position of profound tension: they must exercise coercive power on behalf of the state while simultaneously respecting the civil liberties and human rights that define a democratic order. As Reiner (2010) observes, the police are the “domestic specialists in the use of legitimate force,” a characterization that underscores both the necessity and the danger of their role.

Policing in a democratic society (民主社会中的警务): The exercise of state-sanctioned coercive authority in a manner that is constrained by the rule of law, subject to civilian oversight, and accountable to the public. Democratic policing requires that officers act within legal boundaries, treat citizens with dignity, and operate transparently.

The fundamental paradox of democratic policing is that the institution charged with protecting freedom must itself be restrained from becoming an instrument of oppression. This paradox animates virtually every debate in the field — from the appropriate scope of police powers to the mechanisms of accountability (问责制) that govern police conduct. The police are, in effect, the most visible arm of state power in the daily lives of citizens, and their behaviour shapes public perceptions of government legitimacy more directly than almost any other institution.

The Social Contract and Police Legitimacy

The philosophical foundation of democratic policing rests on social contract theory. Citizens consent to be governed, and in exchange the state provides security and order. The police are the primary agents through which this bargain is fulfilled. However, police legitimacy (警察合法性) — the public’s belief that the police have the right to exercise authority and that their commands ought to be obeyed — is not guaranteed by law alone. It must be earned and maintained through conduct that is perceived as fair, impartial, and respectful.

Tom Tyler's research on procedural justice (程序正义) demonstrates that citizens' willingness to comply with the law and cooperate with police depends less on the threat of punishment than on their perception that they are treated fairly. When people believe that police listen to them, explain their decisions, treat them with dignity, and act without bias, they are more likely to view the police as legitimate — regardless of whether a particular encounter produced a favourable outcome for them.

In Canada, the principle of policing by consent (合意警务) — derived from the Peelian tradition (discussed in Chapter 3) — holds that the police are not an occupying force but rather citizens in uniform who derive their authority from the community. This ideal, however aspirational, continues to shape Canadian policing philosophy and distinguishes it, at least rhetorically, from more militaristic models found in authoritarian states and, increasingly, in certain American jurisdictions.

Core Functions of the Police

Police organizations perform a remarkably diverse array of functions that extend well beyond crime fighting. Griffiths (2019) identifies several core roles:

  1. Law enforcement (执法): Detecting crime, apprehending offenders, gathering evidence, and assisting in the prosecution of criminal cases. Despite its prominence in public imagination, law enforcement constitutes a relatively small proportion of total police activity.

  2. Order maintenance (秩序维护): Managing disputes, controlling crowds, responding to disturbances, and maintaining the general peace. Ericson (1982) demonstrated that patrol officers spend the majority of their time on order-maintenance tasks rather than crime-related work.

  3. Service provision (服务提供): Responding to calls for assistance that are not crime-related — missing persons, traffic accidents, mental health crises, welfare checks, and countless other situations where citizens turn to the police as a catch-all emergency service.

  4. Crime prevention (犯罪预防): Proactive efforts to reduce the occurrence of crime through patrol presence, community engagement, problem-solving initiatives, and environmental design.

  5. Traffic regulation (交通管理): Enforcing motor vehicle laws, investigating collisions, and managing road safety.

A study of calls for service to a Canadian municipal police department found that fewer than 20 percent of calls involved criminal matters. The majority related to disputes, noise complaints, traffic problems, medical emergencies, and requests for information. This finding, replicated across jurisdictions, challenges the popular image of police work as primarily concerned with combating serious crime.

Policing in the Canadian Context

Canada’s policing landscape is shaped by its constitutional structure, its vast geography, its multicultural population, and its proximity to the United States. The Constitution Act, 1867 (Section 92(14)) assigns the administration of justice — including the organization of police services — to the provinces. However, the federal government maintains its own policing capacity through the Royal Canadian Mounted Police (RCMP), and municipalities are typically responsible for funding and governing local police services. This division of responsibility produces a complex, multi-layered system that is explored in detail in the following chapter.

Canadian policing also takes place within the framework of the Canadian Charter of Rights and Freedoms (加拿大权利与自由宪章), enacted in 1982, which guarantees fundamental rights including freedom from unreasonable search and seizure (Section 8), the right not to be arbitrarily detained (Section 9), the right to counsel upon arrest (Section 10(b)), and protection against cruel and unusual treatment (Section 12). The Charter has profoundly shaped police practices by subjecting them to constitutional scrutiny and providing courts with the authority to exclude evidence obtained in violation of Charter rights under Section 24(2).


Chapter 2: The Organization of Police Services in Canada

The Three-Tiered Structure

Canada employs a three-tiered policing model (三级警务模式) consisting of federal, provincial, and municipal police services. This structure reflects the country’s federal system of government and produces a degree of organizational complexity that is distinctive among common-law democracies.

Federal Policing: The Royal Canadian Mounted Police

The Royal Canadian Mounted Police (RCMP) (加拿大皇家骑警) is Canada’s national police force, established in 1873 as the North-West Mounted Police to bring order to the western territories. Today, the RCMP fulfills multiple roles: it serves as Canada’s federal police force, responsible for enforcing federal statutes (including drug laws, customs regulations, and national security legislation); it provides provincial policing under contract in eight provinces (all except Ontario and Quebec); and it delivers municipal policing under contract to approximately 150 municipalities. Additionally, the RCMP maintains specialized units dealing with organized crime, cybercrime, counterterrorism, and international liaison.

The RCMP's contract policing model is unique among national police forces worldwide. In most countries, national police organizations focus exclusively on federal or national-level matters, leaving local policing to subnational agencies. The RCMP's provision of provincial and municipal policing under contract creates an unusual organizational dynamic in which officers wearing the same uniform and belonging to the same command structure may serve vastly different communities — from remote Indigenous communities in northern Canada to suburban municipalities in British Columbia.

The RCMP is headed by a Commissioner who reports to the Minister of Public Safety. Its organizational structure includes divisions corresponding to each province and territory, districts within divisions, and detachments at the local level. The force has faced significant scrutiny in recent decades over issues including workplace harassment, the treatment of Indigenous peoples, and the 2020 mass shooting in Nova Scotia, which prompted a major public inquiry into RCMP practices and communication failures.

Provincial Police

Two provinces maintain their own provincial police forces: the Ontario Provincial Police (OPP) and the Sureté du Québec (SQ). Both are large organizations responsible for policing areas of their respective provinces that do not maintain municipal forces, as well as for providing specialized services (highway patrol, major crime investigation, emergency response) province-wide. Historically, other provinces also had their own forces — British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island all disbanded provincial police services in the mid-twentieth century, contracting with the RCMP instead.

The Ontario Provincial Police, with approximately 6,000 uniformed officers, is one of the largest deployed police services in North America. It patrols more than one million square kilometres and provides policing to hundreds of municipalities and many Indigenous communities that do not have their own police services.

Municipal Police

Municipalities above a certain population threshold are generally required by provincial legislation to provide their own police services or to contract with the RCMP or provincial police. Major Canadian cities — Toronto, Montreal, Vancouver, Calgary, Edmonton, Ottawa, Winnipeg — all maintain independent municipal police services (市政警察). These forces are governed by civilian police services boards or commissions, a governance model designed to insulate operational policing from direct political interference while maintaining democratic oversight.

Municipal police services vary enormously in size and capacity, from the Toronto Police Service (approximately 5,000 sworn officers) to small-town forces with fewer than ten members. This variation creates significant disparities in resources, specialization, and the ability to respond to complex crime problems.

Indigenous Policing

Indigenous policing (原住民警务) in Canada has a fraught history. For much of the twentieth century, police services on First Nations reserves were provided by the RCMP under arrangements that gave Indigenous communities little input into how they were policed. The relationship between police and Indigenous peoples has been deeply scarred by the role of police in enforcing colonial policies, including the forcible removal of children to residential schools.

The First Nations Policing Policy (FNPP), established in 1991, sought to address these deficiencies by providing federal and provincial funding for self-administered Indigenous police services. Under the FNPP, communities can establish their own police forces (such as the Nishnawbe-Aski Police Service in Ontario or the Kahnawake Peacekeepers in Quebec) or enter into community tripartite agreements with the RCMP. However, Indigenous police services have consistently been underfunded relative to other police organizations, and a 2020 Public Safety Canada review found that many operate with inadequate infrastructure, equipment, and personnel.

Self-administered Indigenous police service: A police force established and governed by an Indigenous community under the First Nations Policing Policy, funded through cost-sharing agreements between the federal government (52%) and the relevant province (48%). These services are intended to provide culturally responsive policing that reflects community priorities and values.

Civilian Governance and Oversight

A distinguishing feature of Canadian policing is the system of civilian governance (文民治理). Police services boards, typically composed of elected officials and citizen appointees, are responsible for establishing policing priorities, approving budgets, and hiring the chief of police. They are not, however, supposed to direct operational decisions — a distinction between governance and management that has been a recurring source of tension.

In addition to governance boards, Canada has developed an extensive network of civilian oversight bodies (文民监督机构) responsible for investigating complaints against police officers and reviewing incidents involving serious injury or death. These include provincial bodies such as Ontario’s Special Investigations Unit (SIU), Alberta’s Serious Incident Response Team (ASIRT), and British Columbia’s Independent Investigations Office (IIO). At the federal level, the Civilian Review and Complaints Commission (CRCC) handles complaints against RCMP members. The effectiveness of these bodies remains contested, with critics arguing that investigation processes are slow, opaque, and too often result in officers being cleared of wrongdoing.


Chapter 3: A Historical Overview of Policing

The Birth of Modern Policing

The modern police force is a relatively recent invention. For most of human history, the maintenance of order was a communal responsibility shared among citizens, supplemented by private watchmen, constables, and soldiers. The transformation from this informal system to a professional, bureaucratized police organization occurred in the early nineteenth century, driven by the social upheavals of industrialization and urbanization.

The London Metropolitan Police

The founding of the London Metropolitan Police (伦敦都市警察) in 1829 by Sir Robert Peel is conventionally regarded as the birth of modern policing. Peel, then Home Secretary, persuaded Parliament to establish a full-time, uniformed, civilian police force for London, replacing the patchwork of parish constables, night watchmen, and thief-takers that had previously maintained (or failed to maintain) order in the rapidly growing metropolis.

Peelian Principles (皮尔原则): A set of nine principles commonly attributed to Sir Robert Peel that articulate the philosophy of policing by consent. Key principles include: the police are the public and the public are the police; the test of police efficiency is the absence of crime and disorder, not the visible evidence of police action; and the police must secure the willing cooperation of the public in voluntary observance of the law.

Peel’s innovation was not merely organizational but philosophical. The Metropolitan Police were deliberately designed to be distinct from the military: they wore civilian-style uniforms (blue rather than military red), carried minimal weapons (a truncheon rather than a sword), and were instructed to maintain public approval through restraint and civility rather than through the threat of force. The first commissioners, Charles Rowan and Richard Mayne, emphasized preventive patrol — the idea that the visible presence of officers walking beats would deter crime before it occurred.

Policing in Pre-Confederation Canada

Before Confederation in 1867, policing in British North America followed the English model of local constables and night watches. Towns appointed constables who served part-time and were often reluctant volunteers. The inadequacy of these arrangements became apparent as colonial settlements grew and social disorder increased.

The creation of the North-West Mounted Police (NWMP) in 1873 represented Canada’s most significant early contribution to policing history. Established by the Macdonald government to assert Canadian sovereignty over the western territories and to control the whisky trade that was devastating Indigenous communities, the NWMP combined military organization with civil policing functions. Its members served as police officers, magistrates, customs agents, and de facto administrators in regions where no other government institutions existed.

The mythology of the North-West Mounted Police — later the Royal Canadian Mounted Police — as incorruptible agents of peaceful order on the frontier has been an enduring element of Canadian national identity. Historical scholarship, however, has complicated this narrative considerably. The NWMP played a central role in dispossessing Indigenous peoples of their lands, enforcing the pass system that restricted Indigenous mobility, and facilitating the settlement of the west by European immigrants. The force's treatment of Indigenous peoples was often characterized by the same paternalism and coercion that marked colonial policy more broadly.

The Professionalization Movement

The early twentieth century saw a sustained effort to transform policing from a patronage-ridden, poorly trained occupation into a profession (职业化). In the United States, August Vollmer, chief of the Berkeley, California police, championed higher education for officers, the use of scientific methods in investigation, and merit-based hiring. In Canada, the professionalization movement took somewhat different forms but pursued similar goals.

Key elements of the professional model included:

  • Centralized command structures modelled on military hierarchy
  • Merit-based recruitment replacing political patronage
  • Standardized training programs
  • Adoption of technology — automobiles, radios, forensic science
  • Emphasis on crime fighting as the primary police function
  • Isolation from the community to prevent corruption through close personal relationships
The professional model achieved significant gains in reducing corruption and improving technical competence. However, critics — most notably Herman Goldstein (1990) — argued that it also produced unintended consequences. By emphasizing rapid response to calls for service and after-the-fact criminal investigation, the professional model neglected crime prevention and community engagement. By isolating officers in patrol cars and discouraging close community ties, it severed the connection between police and public that Peel had considered essential.

From Professional Policing to Community Policing

By the 1970s and 1980s, a series of influential studies undermined key assumptions of the professional model. The Kansas City Preventive Patrol Experiment (1974) found that varying levels of random patrol had no measurable effect on crime rates. Studies of rapid response showed that faster arrival times rarely led to more arrests because most crimes were reported long after they occurred. Research on criminal investigation revealed that the vast majority of cases were solved through witness identification rather than detective work.

These findings, combined with rising crime rates, deteriorating police-community relations (particularly in minority communities), and a growing recognition that the police could not control crime alone, created the conditions for a paradigm shift toward community policing (社区警务) — a philosophy that would become dominant in Canadian policing discourse by the 1990s and is examined in detail in Chapter 14.


Chapter 4: Police Training, Education, Recruitment, and the Professional Model

Recruitment Standards and Processes

The quality of police service begins with the quality of the individuals recruited. Canadian police services have progressively raised minimum requirements for entry, though standards vary somewhat across jurisdictions. Common baseline requirements include Canadian citizenship or permanent residency, a minimum age (typically 18 or 19), a high school diploma (increasingly, post-secondary education is preferred or required), a valid driver’s licence, physical fitness, good moral character, and the absence of a criminal record.

Representational policing (代表性警务): The principle that police services should reflect the demographic composition of the communities they serve, including with respect to gender, race, ethnicity, Indigenous identity, and sexual orientation. Representational policing is valued both instrumentally (diverse forces may be more effective at engaging with diverse communities) and intrinsically (as an expression of equal opportunity and democratic inclusion).

Recruitment processes typically involve multiple stages: written applications, aptitude testing (including cognitive ability and personality assessments), physical fitness testing, background investigations, polygraph examinations (in some jurisdictions), psychological evaluations, medical examinations, and panel interviews. The entire process may take six months to a year or more.

Canadian police services have made sustained efforts to increase the representation of women and visible minorities, with mixed results. Women now constitute approximately 20-22 percent of sworn officers nationally, up from negligible numbers before the 1970s but still well below parity. Visible minorities remain underrepresented relative to their proportion of the general population, particularly in leadership ranks. Indigenous officers are significantly underrepresented in most non-Indigenous police services.

Police Training

New recruits undergo intensive training, the duration and structure of which vary by agency. RCMP recruits attend the RCMP Training Academy (Depot Division) in Regina, Saskatchewan, for a 26-week program. Provincial and municipal forces typically send recruits to provincial police colleges — the Ontario Police College in Aylmer, the École nationale de police du Québec in Nicolet, or the Justice Institute of British Columbia, among others.

Training curricula generally cover:

  • Criminal law and the Criminal Code of Canada
  • Provincial statutes and municipal bylaws
  • Use of force (武力使用) training, including firearms, defensive tactics, and de-escalation
  • Investigative techniques and evidence collection
  • Community relations and cultural awareness
  • Physical fitness and officer safety
  • Report writing and court preparation
  • Driving skills and pursuit protocols
  • Mental health awareness and crisis intervention
Critics of police training argue that it remains disproportionately focused on tactical and enforcement skills at the expense of communication, conflict resolution, cultural competence, and critical thinking. A recruit may spend hundreds of hours on firearms training and defensive tactics but only a few hours on mental health de-escalation or anti-racism education — despite the fact that the latter situations arise far more frequently in daily police work. This imbalance, some scholars contend, socializes new officers into a warrior mentality that is at odds with the service orientation required for effective democratic policing.

The Role of Higher Education

The relationship between higher education and policing has been debated for over a century. Vollmer advocated for university-educated officers in the 1920s, and many Canadian police leaders have endorsed the idea that post-secondary education produces officers who are better communicators, more tolerant of diversity, more ethical, and more adept at the complex problem-solving that modern policing demands.

Research findings on the effects of education are mixed but generally supportive. Studies have found that officers with higher education tend to generate fewer citizen complaints, use force less frequently, write better reports, and display greater openness to innovation. However, the relationship is complicated by self-selection effects and the powerful socializing influence of police culture, which may override individual educational backgrounds.

Several Canadian police services now require or strongly prefer a two-year or four-year post-secondary degree. The RCMP requires a minimum of high school completion but gives preference to applicants with advanced education. The trend toward higher educational requirements is likely to continue, though it raises legitimate concerns about excluding qualified candidates from working-class or marginalized communities who may lack access to post-secondary education.

Field Training and Mentorship

Formal academy training is followed by a period of field training (实地培训) in which new officers work under the supervision of experienced constables. This phase is critical because it bridges the gap between classroom instruction and the realities of street-level policing. Research consistently shows that field training has a powerful socializing effect: new officers learn informal norms, practical skills, and the unwritten rules of the occupational culture from their mentors.

The field training officer (FTO) model, originally developed in San Jose, California, pairs new recruits with experienced officers who evaluate their performance across multiple dimensions over a period of several months. The FTO's influence is profound — recruits may adopt their mentor's attitudes, habits, and shortcuts, for better or worse. A cynical or rule-bending FTO can undo weeks of academy instruction in a matter of days.

Chapter 5: Police Occupational Stress and the Police Subculture

The Nature of Police Stress

Policing is widely recognized as one of the most stressful occupations. Occupational stress (职业压力) among police officers arises from multiple sources that can be broadly categorized as operational stressors and organizational stressors.

Operational stressors derive from the nature of police work itself: exposure to violent and traumatic incidents, the threat of physical harm, the requirement to make rapid decisions with incomplete information and potentially life-or-death consequences, irregular shift work, and the emotional burden of dealing with human suffering — victims of crime, abused children, fatal accidents, suicides, and death notifications.

Organizational stressors may be even more damaging and include rigid hierarchical management, perceived lack of administrative support, excessive paperwork, inadequate resources, unfair promotional practices, internal politics, and the pressure of public and media scrutiny. Research consistently indicates that officers often rate organizational stressors as more harmful to their well-being than the dangers of the street.

Police officers experience elevated rates of post-traumatic stress disorder (PTSD), depression, anxiety, substance abuse, cardiovascular disease, and suicide relative to the general population. A 2018 Canadian study found that approximately 23 percent of serving police officers screened positive for PTSD, compared to roughly 9 percent in the general population. The stigma associated with mental health problems in police culture — where vulnerability is often perceived as weakness — creates additional barriers to help-seeking.

The Police Subculture

The police subculture (警察亚文化) refers to the shared values, beliefs, attitudes, and informal norms that develop among police officers as a result of their occupational experiences. This subculture is one of the most studied phenomena in policing research, and its features have been remarkably consistent across time periods and national contexts.

Core Elements of the Subculture

Skolnick (1966) identified three environmental conditions that give rise to the police subculture: the danger inherent in police work, the authority that officers exercise over citizens, and the pressure to produce results (efficiency). These conditions foster several characteristic orientations:

  1. Solidarity and group loyalty (团结与忠诚): Officers develop intense bonds with their colleagues, rooted in shared danger and mutual dependence. This solidarity is functional — officers must be able to trust their partners in threatening situations — but it can become dysfunctional when it manifests as a refusal to report or testify against colleagues who engage in misconduct.

  2. The Blue Wall of Silence (蓝色沉默之墙): Perhaps the most notorious element of the subculture, this informal code prohibits officers from informing on one another. The blue wall protects officers who commit minor rule violations, but it can also shield serious misconduct, corruption, and brutality from detection and accountability.

  3. Suspicion and cynicism (怀疑与犬儒主义): Officers develop what Skolnick called a “working personality” characterized by heightened suspicion of citizens and growing cynicism about human nature, the criminal justice system, and the public they serve. New officers typically begin their careers with idealism that gives way, often within the first few years, to a more jaded worldview.

  4. Us versus them mentality (我们与他们): The subculture fosters a sharp division between police officers and the general public (often referred to as “civilians”), reinforced by irregular working hours, social isolation, and the perception that non-officers cannot understand the realities of police work.

  5. Machismo and resistance to change (男性气概与抗拒变革): Traditional police culture has been characterized by hypermasculinity, which manifests in the glorification of physical courage, contempt for emotional expression, and hostility toward women and LGBTQ+ officers. This dimension of the subculture has been challenged by diversification efforts but remains influential in many organizations.

Blue Wall of Silence (蓝色沉默之墙): An informal code among police officers that discourages or prohibits reporting the misconduct of fellow officers to supervisors or external authorities. The code is maintained through social pressure, ostracism of those who violate it (so-called "rats" or "cheese-eaters"), and a shared belief that internal problems should be handled internally.

Chan’s Framework for Understanding Police Culture

Janet Chan (1997) advanced the analysis of police culture by applying Bourdieu’s concepts of “field” and “habitus.” She argued that police culture should not be understood as a monolithic, static entity that officers passively absorb, but rather as a dynamic set of dispositions shaped by the social, political, and institutional environment in which officers operate. Chan distinguished between “cop culture” (the informal occupational culture of rank-and-file officers) and “canteen culture” (talk and attitudes expressed in private settings), noting that attitudes expressed in the canteen do not always translate directly into behaviour on the street.

Chan’s framework suggests that changing police culture requires changing the field — the organizational structures, legal frameworks, accountability mechanisms, and community relationships — rather than simply attempting to change individual attitudes through training.


Chapter 6: Police Patrol Work — Officer Discretion and Police Powers of Arrest

The Nature of Patrol Work

Patrol (巡逻) is the backbone of policing. The majority of uniformed officers spend their careers in patrol divisions, responding to calls for service, conducting proactive patrols, and managing a vast array of situations that range from the mundane to the life-threatening. Ericson’s (1982) landmark study of patrol work demonstrated that officers are primarily engaged in “reproducing order” — managing and documenting the routine disturbances and conflicts of everyday social life — rather than fighting crime in any dramatic sense.

Patrol work is characterized by long periods of routine activity punctuated by moments of high stress and occasional danger. Officers exercise extraordinary autonomy in deciding how to handle the situations they encounter: whether to investigate or ignore, whether to counsel or command, whether to mediate or arrest. This autonomy — exercised at the lowest level of the organizational hierarchy, in conditions of low visibility, and with limited direct supervision — is the essence of police discretion (自由裁量权).

The Concept of Discretion

Police discretion (警察自由裁量权) refers to the freedom of officers to choose among alternative courses of action (or inaction) when carrying out their duties. Discretion is an inherent and unavoidable feature of policing for several reasons:

  • The law is written in general terms and cannot anticipate every situation
  • Full enforcement of every law is neither possible nor desirable
  • Resources are limited and must be allocated
  • Many situations require judgment calls about the best course of action
  • Officers must weigh competing values (e.g., strict enforcement versus compassion)
Kenneth Culp Davis, in his influential treatise Discretionary Justice (1969), defined discretion as existing "whenever the effective limits on an officer's power leave him free to make a choice among possible courses of action or inaction." Davis argued that the key challenge was not to eliminate discretion — which is impossible — but to structure and confine it through rules, policies, and accountability mechanisms.

Factors Influencing Discretion

Research has identified numerous factors that shape how officers exercise discretion:

Situational factors: The seriousness of the offence, the strength of the evidence, the relationship between the parties, the presence of witnesses, the demeanour of the suspect (officers are more likely to arrest individuals who are disrespectful or uncooperative), and the preference of the complainant.

Officer characteristics: Experience, education, personal values, training, and organizational socialization all influence discretionary choices.

Organizational factors: Departmental policies, supervisory expectations, performance metrics, and the informal norms of the police subculture shape the range of acceptable choices.

Community and contextual factors: Neighbourhood characteristics, community expectations, political pressures, and the demographics of the area being policed all affect discretionary decisions.

Consider an officer who encounters a young person smoking marijuana in a public park. The officer might: (a) ignore the behaviour and move on; (b) issue a verbal warning; (c) confiscate the marijuana and release the individual; (d) issue a ticket under applicable legislation; or (e) effect an arrest. The choice among these options will be influenced by departmental policy, the officer's personal views on marijuana, the individual's demeanour and prior record, the presence of children nearby, and community norms regarding enforcement priorities.

Police Powers of Arrest and Detention

The legal framework governing police powers of arrest in Canada is found primarily in the Criminal Code (Sections 494-529) and is constrained by the Charter of Rights and Freedoms. Officers must operate within these legal boundaries; failure to do so may result in the exclusion of evidence, civil liability, and criminal charges against the officer.

Arrest With a Warrant

A warrant (逮捕令) is a judicial authorization to arrest a named individual. It is issued by a justice of the peace or judge who is satisfied, based on information sworn under oath, that there are reasonable grounds to believe that the person has committed or is about to commit a criminal offence. Arrest with a warrant is considered the preferred method because it involves prior judicial review of the grounds for arrest.

Arrest Without a Warrant

Section 495 of the Criminal Code authorizes peace officers to arrest without a warrant in several circumstances, including when they find a person committing a criminal offence, when they have reasonable grounds to believe a person has committed or is about to commit an indictable offence, and when they find a person who is the subject of an outstanding warrant.

Reasonable grounds (合理根据), also known as reasonable and probable grounds (RPG): A standard of belief that is more than mere suspicion but less than proof beyond a reasonable doubt. An officer must be able to articulate objective facts and circumstances that would lead a reasonable person to believe that an offence has been, is being, or is about to be committed. This standard is assessed objectively: the question is not whether the officer subjectively believed the grounds existed, but whether a reasonable person in the officer's position would have held that belief.

Investigative Detention

The Supreme Court of Canada, in R. v. Mann (2004), recognized a limited police power of investigative detention (调查性拘留) — the authority to briefly detain an individual for investigative purposes short of arrest. This power exists when officers have reasonable grounds to suspect (a lower standard than reasonable grounds to believe) that the individual is connected to a particular crime and that the detention is reasonably necessary. During an investigative detention, officers may conduct a protective pat-down search if they have reasonable grounds to believe their safety is at risk.

The power of investigative detention has been controversial because it exists entirely as a common-law (judge-made) power rather than a statutory one. Critics argue that it creates a vaguely defined police power that is vulnerable to abuse, particularly against racialized and marginalized individuals. The Supreme Court has attempted to constrain the power by requiring that detentions be brief, that officers articulate specific grounds for the detention, and that individuals be informed of the reason for the detention and their right to counsel.

Chapter 7: Patterns and Theories of Police Deviance

Defining Police Deviance

Police deviance (警察越轨行为) encompasses any behaviour by police officers that violates legal norms, departmental rules, or ethical standards. It exists on a spectrum ranging from minor rule infractions (sleeping on duty, excessive personal use of police resources) to serious criminal conduct (brutality, theft, perjury, drug trafficking). Understanding the patterns and causes of police deviance is essential for developing effective prevention and accountability strategies.

Types of Police Deviance

Corruption

Police corruption (警察腐败) involves the misuse of police authority for personal gain. The Knapp Commission (1972), investigating corruption in the New York City Police Department, drew a famous distinction between “grass eaters” — officers who passively accept bribes and gratuities that come their way — and “meat eaters” — officers who aggressively seek out opportunities for corrupt profit. While this taxonomy was developed in an American context, similar patterns have been documented in Canadian police forces.

Forms of corruption include:

  • Accepting bribes to overlook criminal activity
  • “Shaking down” suspects by taking cash or drugs
  • Providing protection to criminal enterprises
  • Stealing money or property from crime scenes or evidence rooms
  • Selling information to criminals
  • Falsifying overtime records or expense claims
Noble cause corruption (高尚动机腐败): Misconduct undertaken not for personal gain but in pursuit of ostensibly worthy goals — typically, ensuring that guilty offenders are convicted. Examples include planting evidence on suspects the officer believes to be guilty, fabricating or embellishing testimony ("testilying"), and using excessive force to extract confessions. Noble cause corruption is particularly insidious because it is rationalized as serving justice and may be tacitly encouraged by organizational cultures that prioritize results over process.

The Dirty Harry Problem

Carl Klockars (1980) articulated the Dirty Harry problem (肮脏哈利问题) — a moral dilemma in which an officer believes that using morally questionable means (coercion, deception, violence) is necessary to achieve a morally desirable end (catching a dangerous criminal, saving an innocent life). Named after the Clint Eastwood film character who routinely violated suspects’ rights to bring criminals to justice, the Dirty Harry problem raises fundamental questions about whether good ends can justify bad means in policing.

Klockars argued that the Dirty Harry problem is a genuine moral dilemma — not a case of simple corruption — because the officer faces a situation in which all available options involve moral costs. However, he concluded that tolerating dirty means undermines the rule of law and the legitimacy of the police institution, and that a democratic society must insist on procedural regularity even at the cost of some enforcement effectiveness. The alternative — allowing officers to decide individually when the rules may be broken — is incompatible with the rule of law.

Excessive Use of Force

The use of force (武力使用) by police is lawful when it is necessary, reasonable, and proportionate to the threat faced. Excessive force (过度武力) — force that exceeds what is reasonably necessary in the circumstances — constitutes both a form of police deviance and a violation of the Criminal Code (which provides no exemption for police officers who assault citizens without justification).

The use-of-force continuum (or framework) employed by Canadian police services provides a graduated model for matching the level of force to the level of resistance or threat. It typically ranges from officer presence and verbal communication through soft physical control, hard physical control, intermediate weapons (pepper spray, conducted energy weapons), to lethal force. Officers are trained to use the minimum force necessary and to de-escalate whenever possible.

The death of Robert Dziekanski at Vancouver International Airport in 2007 — in which RCMP officers used a conducted energy weapon (Taser) on a confused and agitated Polish immigrant who subsequently died — became a landmark case in Canadian policing. The incident, captured on video by a bystander, led to a public inquiry (the Braidwood Inquiry), criminal charges against the officers involved, and significant changes to policies governing the use of conducted energy weapons across Canada. The case illustrated how rapidly a situation can escalate when officers default to force rather than communication and de-escalation.

Theories of Police Deviance

The Rotten Apple Theory

The most common official explanation for police deviance is the rotten apple theory (害群之马理论) — the claim that misconduct is the work of a few aberrant individuals whose personal failings (dishonesty, sadism, poor judgment) are not reflective of the organization as a whole. This theory is favoured by police administrators because it deflects blame from the organization and suggests that the solution is simply to identify and remove bad officers.

The Organizational/Systemic Theory

Scholars have largely rejected the rotten apple theory in favour of organizational or systemic explanations that locate the causes of deviance in the structures, cultures, and practices of police organizations themselves. From this perspective, deviance is not the product of a few bad individuals but of organizational conditions that tolerate, enable, or even encourage misconduct — inadequate supervision, a culture of silence, reward structures that prioritize arrests and convictions over lawful conduct, and the absence of meaningful accountability.

The Societal Theory

A broader structural analysis situates police deviance within the context of social inequality and the role of police in maintaining existing power structures. From this perspective, phenomena like racial profiling and the disproportionate use of force against marginalized populations are not aberrations but logical consequences of a policing system designed to protect the interests of dominant groups.


Chapter 8: Police, Racism, and Discrimination

The Scope of the Problem

The relationship between police and racialized communities — particularly Black, Indigenous, and other communities of colour — is one of the most contentious issues in contemporary policing. Across Canada, the United States, the United Kingdom, and Australia, research has consistently documented significant racial disparities in police stops, searches, arrests, use of force, and fatal encounters. These disparities raise fundamental questions about whether police institutions can fulfill the democratic promise of equal treatment under the law.

Racial Profiling

Racial profiling (种族归纳) occurs when police use race, ethnicity, or national origin as a factor in deciding whom to stop, search, question, or arrest, in the absence of specific intelligence linking a particular individual to a particular offence. It is to be distinguished from criminal profiling, which involves the use of behavioural and other non-racial characteristics to identify suspects in specific investigations.

Racial profiling (种族归纳): The Ontario Human Rights Commission defines racial profiling as any action undertaken for reasons of safety, security, or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment. Racial profiling is a violation of the Canadian Charter of Rights and Freedoms and of provincial human rights legislation.

Evidence of Racial Profiling in Canada

A substantial body of Canadian research documents racial disparities in police-citizen encounters. Studies of traffic stops in Kingston, Ottawa, and Toronto have found that Black drivers are stopped by police at rates significantly higher than their representation in the driving population. The Toronto Star’s 2002 investigation of Toronto Police arrest data revealed that Black individuals were treated more harshly than white individuals at every stage of the criminal process — being more likely to be held for bail hearings, more likely to be charged with offences that could be resolved through diversion, and more likely to be subjected to strip searches.

Carding and Street Checks

Carding (街头盘查), also known as street checks, refers to the police practice of stopping individuals in public, asking for identification, and recording their personal information in a police database — often in the absence of any specific suspicion of criminal activity. The practice came under intense scrutiny in Ontario after data showed that Black and Indigenous individuals were dramatically overrepresented in carding records relative to their proportion of the population.

In Toronto, data released in 2015 showed that Black people were 3.2 times more likely to be carded than white people, and that in some police divisions the disparity was much greater. Critics argued that carding constituted a form of mass surveillance disproportionately targeting racialized communities, generating fear and resentment while producing minimal investigative value. Defenders of the practice argued that it was a legitimate intelligence-gathering tool that helped police prevent and solve crimes. Ontario's provincial government introduced regulations in 2017 that restricted (though did not ban) the practice, requiring officers to inform individuals that they were not obligated to provide identification and that they were free to leave.

Systemic Racism in Policing

The concept of systemic racism (系统性种族主义) refers to the ways in which racial inequality is embedded in the policies, practices, and institutional structures of organizations — including police services — rather than being solely the product of individual prejudice. Systemic racism can operate through facially neutral policies that have a disproportionate impact on racialized communities, through discretionary practices that are shaped by unconscious biases, and through organizational cultures that tolerate or normalize discriminatory conduct.

The Indigenous Experience

The relationship between police and Indigenous peoples in Canada is shaped by the legacy of colonialism. Police forces have historically served as agents of colonial policy — enforcing the Indian Act, facilitating the removal of children to residential schools, and suppressing Indigenous political activity. The contemporary consequences of this history include deep mistrust of police in many Indigenous communities, the chronic overrepresentation of Indigenous people in the criminal justice system, and a pattern of inadequate police response to crimes against Indigenous persons.

The Highway of Tears — a 720-kilometre stretch of Highway 16 in northern British Columbia along which numerous Indigenous women have been murdered or gone missing since the 1960s — became a symbol of the failure of police to adequately investigate crimes against Indigenous women and girls. The National Inquiry into Missing and Murdered Indigenous Women and Girls (2019) found that "persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada's staggering rates of violence against Indigenous women, girls, and 2SLGBTQQIA people" and that police indifference was a contributing factor.

Strategies for Addressing Racism in Policing

Proposed and implemented strategies include:

  • Diversity in recruitment: Hiring officers who reflect the demographic composition of the community
  • Anti-racism and cultural competency training: Educating officers about implicit bias, cultural differences, and the historical experiences of racialized communities
  • Data collection and analysis: Systematically collecting and publicly reporting race-based data on police stops, searches, use of force, and complaints
  • Accountability mechanisms: Strengthening civilian oversight and ensuring that officers who engage in discriminatory conduct face meaningful consequences
  • Community engagement: Building relationships with racialized communities through outreach, consultation, and collaborative problem-solving
  • Policy reform: Revising policies on street checks, use of force, and other practices that disproportionately affect racialized individuals

Chapter 9: The Police Use of the Polygraph in Criminal Investigations

The Polygraph Instrument

The polygraph (测谎仪), commonly known as the lie detector, is an instrument that measures and records several physiological indicators — including blood pressure, pulse, respiration, and galvanic skin response (perspiration) — while a subject answers a series of questions. The underlying theory is that deceptive responses produce physiological stress reactions that differ measurably from the reactions produced by truthful responses.

Polygraph examination (测谎检测): A procedure in which an examiner measures a subject's physiological responses (cardiovascular, respiratory, and electrodermal activity) while asking a structured series of questions, then interprets the resulting charts (polygrams) to assess whether the subject's responses were truthful or deceptive. The examination typically includes a pre-test interview, the administration of test questions, and a post-test analysis and interrogation.

Polygraph Techniques

Several questioning techniques are used in polygraph examinations:

The Control Question Test (CQT)

The most widely used technique in criminal investigations is the Control Question Test (对照问题测试). The CQT compares physiological responses to “relevant” questions (directly related to the matter under investigation) with responses to “control” or “comparison” questions (broader questions about past behaviour that are designed to produce some anxiety in truthful subjects). The theory holds that truthful subjects will react more strongly to the control questions (because they are uncertain about their answers), while deceptive subjects will react more strongly to the relevant questions (because they know they are lying about the matter under investigation).

The Guilty Knowledge Test (GKT)

The Guilty Knowledge Test (犯罪知识测试), also known as the Concealed Information Test, takes a different approach. Rather than asking the subject whether they committed the act, the GKT presents multiple-choice questions about details of the crime that only the perpetrator (or someone with knowledge of the crime) would know. If the subject consistently reacts more strongly to the correct alternatives, it is inferred that they possess guilty knowledge.

The Scientific Debate

The validity and reliability of the polygraph remain among the most contentious issues in forensic science. The instrument has its advocates, particularly among law enforcement practitioners and polygraph examiners, and its critics, who include the majority of the scientific community.

The National Academy of Sciences (2003), in the most comprehensive scientific review of polygraph validity, concluded that "in populations of examinees such as those represented in the polygraph research literature, untrained in countermeasures, specific-incident polygraph tests can discriminate lying from truth-telling at rates well above chance, though well below perfection." The Academy noted that the theoretical rationale for the polygraph is weak — there is no known physiological response pattern that is uniquely associated with deception — and that the accuracy claims of polygraph proponents are inflated by methodological weaknesses in the existing research.

Arguments For the Polygraph

Proponents argue that the polygraph is a useful investigative tool — not perfect, but substantially more accurate than unaided human judgment in detecting deception. They point to reported accuracy rates of 80-95 percent in controlled studies and emphasize the practical value of the polygraph as an interrogation aid: suspects who believe the polygraph can detect their lies are often motivated to confess.

Arguments Against the Polygraph

Critics raise several fundamental objections:

  1. No specific lie response exists: The polygraph measures arousal, not deception. Many factors other than lying — anxiety, anger, fear, embarrassment, or medical conditions — can produce the same physiological responses
  2. Base rate problems: In criminal investigations, where the prior probability of guilt varies widely, even a moderately accurate test will produce an unacceptable number of false positives (truthful people labelled as deceptive)
  3. Countermeasures: Research has demonstrated that subjects can be trained to defeat the polygraph through physical or mental countermeasures
  4. Examiner bias: The interpretation of polygraph charts involves subjective judgment and is susceptible to confirmation bias
  5. The confession problem: Much of the polygraph’s apparent utility derives not from the instrument’s accuracy but from the confessions it induces — which raises questions about whether those confessions are truly voluntary

In R. v. Béland (1987), the Supreme Court of Canada held that polygraph evidence is inadmissible in Canadian courts. The Court reasoned that polygraph evidence would usurp the jury’s function of assessing credibility, that the technique’s reliability had not been established, and that its admission would distort the trial process. Despite this inadmissibility, the polygraph remains widely used by Canadian police as an investigative and interrogation tool, and the results of polygraph examinations are frequently used to guide investigations and to elicit confessions.

A common investigative use of the polygraph involves offering a suspect the opportunity to "clear themselves" by submitting to a polygraph examination. If the suspect fails (or is told they have failed), the examiner may then conduct a post-test interrogation in which the suspect is confronted with their "deceptive" results and pressed to confess. Canadian courts have generally allowed confessions obtained in this manner, provided the overall voluntariness of the confession is established — though the use of false polygraph results to induce a confession has been challenged as a form of police trickery.

Chapter 10: Tearoom Trade — A Law Enforcement Problem

The Phenomenon of Public Sex

This chapter examines the policing of sexual activity in public or semi-public spaces, drawing on the sociological tradition established by Laud Humphreys’ controversial ethnographic study Tearoom Trade: Impersonal Sex in Public Places (1970). “Tearooms” is slang for public restrooms used as sites for anonymous sexual encounters between men. The policing of such activity raises complex questions about the boundaries of criminal law, the allocation of police resources, the protection of privacy, and the potential for discriminatory enforcement.

Tearoom trade: A term used in sociology and criminology to describe anonymous sexual encounters between men occurring in public restrooms and other semi-public spaces. The term derives from British slang ("tea room") and was popularized by Humphreys' 1970 study. In Canadian criminal law, such activity may be prosecuted under provisions relating to indecent acts in public places (Section 173 of the Criminal Code).

Section 173 of the Criminal Code of Canada makes it an offence to commit an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person. The interpretation of “public place” and “indecency” has evolved considerably through case law. The Supreme Court of Canada’s decision in R. v. Labaye (2005) established that the criminal standard of indecency requires proof that the conduct caused or risked causing harm — defined as conduct that is incompatible with the proper functioning of society — rather than merely violating community standards of tolerance.

Policing Strategies

Police have employed various strategies to detect and suppress public sexual activity, some of which have raised significant legal and ethical concerns:

  • Surveillance and plainclothes operations: Officers may monitor known locations using hidden cameras or by positioning plainclothes officers in or near restrooms. These operations raise privacy concerns and questions about entrapment.
  • Sting operations: Officers may pose as willing participants in sexual activity. The legality and ethics of such operations depend on whether the officer’s conduct crosses the line from providing an opportunity to commit an offence to inducing the commission of an offence that would not otherwise have occurred.
  • Environmental design: Physical modifications to public spaces — removing restroom doors, improving lighting, redesigning facilities — may reduce opportunities for sexual activity without requiring enforcement action.
The policing of tearoom trade has been criticized as a form of selective enforcement that disproportionately targets gay and bisexual men. Critics argue that the resources devoted to these operations are disproportionate to the harm caused by the conduct, that prosecution exposes individuals to devastating personal consequences (public humiliation, family breakdown, career destruction), and that enforcement efforts reflect moral disapproval of homosexuality rather than a genuine concern for public order. The decriminalization of homosexuality in Canada (1969) and the subsequent evolution of social attitudes toward sexual orientation have shifted the debate, but enforcement actions against public sexual activity continue.

The Humphreys Study and Its Legacy

Humphreys’ research remains one of the most widely discussed studies in the social sciences, both for its substantive findings and for the ethical controversies it generated. By serving as a “watch queen” (lookout) in public restrooms and subsequently tracing and interviewing participants (who did not know they were being studied), Humphreys demonstrated that the men engaged in tearoom trade were overwhelmingly “respectable” members of their communities — married, employed, churchgoing — whose sexual behaviour bore no resemblance to the deviant stereotype. His work challenged law enforcement assumptions about the population involved and raised profound questions about the role of criminal law in regulating private sexual conduct.

The ethical issues raised by Humphreys’ methodology — deception, invasion of privacy, potential harm to unwitting subjects — became foundational case studies in research ethics and contributed to the development of modern institutional review board (IRB) protocols for the protection of human research subjects.


Chapter 11: The Police Investigation of Higher-Level Drug Traffickers

The Drug Trade in Canada

The illicit drug trade represents one of the most significant law enforcement challenges facing Canadian police. Desroches (2005) provides a detailed analysis of drug trafficking (毒品贩运) networks in Canada, examining the organizational structures, operational methods, and motivations of mid- and upper-level drug traffickers. His research, based on extensive interviews with convicted traffickers and police investigators, reveals a trade characterized by entrepreneurialism, risk calculation, and remarkably rational decision-making.

Higher-level drug trafficking (高层毒品贩运): The importation, production, and wholesale distribution of illicit drugs, as distinguished from street-level dealing. Higher-level traffickers operate as brokers, importers, and distributors who handle large quantities of drugs and generate substantial profits. They are typically more sophisticated, better resourced, and harder to detect and prosecute than street-level dealers.

Organizational Structures

Desroches (2005) challenged the common assumption that drug trafficking is dominated by hierarchical criminal organizations. While traditional organized crime groups (such as outlaw motorcycle gangs and Mafia-type organizations) are involved in the drug trade, much trafficking is conducted by loosely organized networks of independent entrepreneurs who form temporary partnerships and rely on trust, kinship, and ethnic ties rather than formal organizational structures.

The network model of drug trafficking has important implications for law enforcement. Hierarchical organizations have identifiable leaders, defined command structures, and formal rules — characteristics that make them (theoretically) vulnerable to disruption through the arrest and prosecution of leaders. Networks, by contrast, are fluid, adaptive, and resilient: the removal of one participant is quickly compensated by the entry of another. This structural characteristic helps explain why decades of aggressive enforcement have failed to significantly reduce the availability of illicit drugs.

Investigative Methods

The investigation of higher-level drug trafficking requires specialized techniques that differ markedly from the reactive methods used in routine police work. These include:

Undercover Operations

Undercover operations (卧底行动) involve police officers assuming false identities to infiltrate drug trafficking networks, gather evidence, and facilitate arrests. Undercover work is among the most demanding and dangerous assignments in policing. Officers may spend months or years cultivating relationships with targets, during which time they face the constant risk of exposure, the psychological stress of living a double life, and the ethical challenges of participating in criminal activity (controlled purchases of drugs) as part of their investigative role.

Electronic Surveillance

Electronic surveillance (电子监控), including wiretaps, is a critical tool in drug investigations. In Canada, the interception of private communications is governed by Part VI of the Criminal Code (Sections 183-196), which requires police to obtain judicial authorization before intercepting communications. The application for authorization must demonstrate that other investigative methods have been tried and failed, are unlikely to succeed, or are impractical — the so-called “investigative necessity” requirement. This high legal threshold reflects the fundamental importance of privacy rights in a democratic society.

Informants and Agents

Informants (线人) — individuals who provide information to police about criminal activity — are the lifeblood of drug investigations. Informants may be motivated by money, revenge, reduced criminal charges, or a genuine desire to cooperate. The management of informants raises significant ethical and legal issues: informants may provide unreliable information to settle personal scores, they may exaggerate their knowledge to obtain payments or favourable treatment, and their use can create situations in which police appear to condone or facilitate criminal activity.

Desroches' research revealed that many higher-level traffickers were initially recruited by friends or associates already in the trade, entered the business gradually (often starting as users who began selling to support their own consumption), and viewed trafficking as a rational economic decision that offered substantially higher returns than legitimate employment. The typical trajectory involved a period of increasing involvement and profits, followed — for those who were eventually caught — by arrest, prosecution, and imprisonment. Many convicted traffickers reported that they had been aware of the risks but had discounted them, believing that their own superior judgment and precautions would protect them from detection.

Challenges in Drug Enforcement

Several structural challenges complicate police efforts to control drug trafficking:

  1. The profit motive: The enormous profits available in the drug trade ensure a constant supply of willing participants. When one trafficker is arrested, another quickly fills the void.
  2. Transnational dimensions: Drug supply chains typically cross international borders, requiring complex inter-jurisdictional cooperation among police forces and governments with different legal systems, priorities, and capabilities.
  3. Corruption risk: The vast sums of money involved in the drug trade create powerful incentives for police corruption. Officers assigned to drug enforcement are particularly vulnerable because they regularly handle large quantities of drugs and cash.
  4. Legal constraints: The requirement for judicial authorization of surveillance, the rules governing informant management, and the Charter protections afforded to suspects all impose limits on investigative methods — limits that are essential to democratic policing but that complicate enforcement efforts.
  5. The debate over prohibition: Increasingly, scholars and policy-makers question whether the criminal prohibition of drugs is itself counterproductive — generating violence, corruption, and public health harms that exceed the harms of drug use itself. Canada’s legalization of cannabis in 2018 represents a partial shift away from the prohibition model, though enforcement against other illicit drugs continues.

Chapter 12: The Police Response to Domestic Violence

The Evolution of Police Response

The police response to domestic violence (家庭暴力), also known as intimate partner violence, has undergone a dramatic transformation over the past four decades. Until the 1970s and 1980s, domestic violence was widely regarded by police as a private family matter that did not warrant formal intervention. Officers routinely responded to domestic calls by separating the parties, counselling the aggressor, and leaving without making an arrest — even when serious physical violence had occurred. This approach reflected deeply embedded cultural attitudes that minimized the seriousness of violence against women in intimate relationships and prioritized family privacy over victim safety.

The feminist movement played a decisive role in reframing domestic violence as a serious crime rather than a private dispute. Feminist scholars and activists argued that the police failure to arrest domestic assailants sent a powerful message that violence against women was tolerable, and that the criminal justice system's inaction effectively licensed abusers to continue their conduct with impunity. Landmark research by Lawrence Sherman and Richard Berk in Minneapolis (1984) provided apparent empirical support for mandatory arrest, finding that arrest was more effective than mediation or separation in reducing subsequent violence. This study, though subsequently challenged by replication research, had an enormous influence on policy.

Pro-Charge and Pro-Prosecution Policies

Beginning in the 1980s, Canadian jurisdictions adopted pro-charge policies (积极起诉政策), also known as mandatory charge or zero-tolerance policies, which direct police officers to lay charges in domestic violence cases whenever they have reasonable grounds to believe an assault has occurred — regardless of the victim’s wishes. Similar pro-prosecution policies (积极追诉政策) were adopted by Crown prosecutors, who were directed to proceed with prosecution even when victims were unwilling to testify.

Pro-charge policy (积极起诉政策): A policing directive that requires or strongly encourages officers to lay criminal charges in domestic violence cases whenever reasonable grounds exist, removing or limiting officer discretion to resolve the situation through informal means. The rationale is that removing the charging decision from the victim reduces the pressure that abusers can exert on victims to drop charges and communicates the seriousness with which the criminal justice system treats intimate partner violence.

Arguments Supporting Pro-Charge Policies

  • They send a clear message that domestic violence is a crime, not a private matter
  • They remove the charging decision from victims, reducing the opportunity for abusers to intimidate victims into recanting
  • They promote consistency in police response, reducing the role of officer attitudes and biases
  • They provide a basis for judicial intervention (conditions of release, peace bonds, treatment orders) that may enhance victim safety
  • They create a documented record of violence that can be used in subsequent proceedings

Arguments Against Pro-Charge Policies

  • They may disempower victims by removing their agency and autonomy — the very qualities that abusers seek to destroy
  • They may deter reporting if victims fear that calling the police will inevitably result in charges, arrest, and prosecution — with potentially devastating consequences for family finances, immigration status, and child custody
  • They apply a one-size-fits-all approach to situations that vary enormously in severity, context, and the victim’s circumstances
  • Replication studies of the Minneapolis experiment produced mixed results, with some finding that arrest increased violence among certain subpopulations (particularly unemployed men)

The Problem of Dual Charging

One of the most significant unintended consequences of pro-charge policies has been the phenomenon of dual charging (双方起诉), in which police lay charges against both parties in a domestic dispute. Dual charging rates increased substantially after the introduction of pro-charge policies, raising concerns that victims — particularly women who had used force in self-defence or who had fought back against their abusers — were being criminalized by the very policies designed to protect them.

Research in several Canadian jurisdictions found that women charged in dual-charging situations were overwhelmingly the primary victims rather than the primary aggressors of domestic violence. They had typically used force in self-defence or in response to a history of abuse, but officers — particularly those who arrived to find both parties injured and competing narratives — defaulted to charging both parties rather than attempting to identify the dominant aggressor. Some jurisdictions have since introduced dominant aggressor policies that direct officers to identify and charge the primary aggressor rather than automatically charging both parties.

Risk Assessment

Contemporary police responses to domestic violence increasingly incorporate structured risk assessment (风险评估) tools designed to identify cases in which the victim faces a high risk of serious violence or death. Tools such as the Ontario Domestic Assault Risk Assessment (ODARA) and the Danger Assessment use empirically validated risk factors — including escalation of violence, access to weapons, threats to kill, stalking behaviour, and separation — to classify cases by risk level and guide decisions about intervention.


Chapter 13: Policing Protest Movements

The Democratic Right to Protest

The right to peaceful protest is a cornerstone of democratic society, protected in Canada by the Charter of Rights and Freedoms (Section 2: freedom of expression, freedom of peaceful assembly, freedom of association). The policing of protests presents a fundamental tension between the state’s obligation to protect these rights and its responsibility to maintain public order, protect property, and ensure public safety. How police manage this tension has profound consequences for democratic legitimacy, public trust, and the health of civil society.

Public order policing (公共秩序警务): The management of crowds, demonstrations, protests, and other collective events by police. Public order policing requires balancing the protection of participants' rights to express dissent with the prevention of violence, property damage, and disruption to public safety. It encompasses planning, negotiation, crowd management, and, when necessary, the use of force to disperse unlawful assemblies.

Historical Approaches to Protest Policing

The policing of protest has evolved through several distinct phases, as documented by scholars including Della Porta, Reiter, and Waddington:

The Escalated Force Model

Until the 1970s, police in North America and Europe typically responded to protests with an escalated force (升级武力) approach: any disruption by demonstrators was met with progressively more aggressive police action, including mass arrests, baton charges, and the deployment of tear gas. This approach reflected a view of protest as inherently disorderly and of protesters as potential criminals who needed to be controlled through superior force.

The Negotiated Management Model

By the 1980s and 1990s, many police forces had shifted to a negotiated management (协商管理) model characterized by communication and cooperation between police and protest organizers. Police would meet with organizers in advance, negotiate routes and conditions, provide permits, and tolerate minor disruptions in exchange for the organizers’ cooperation in maintaining order. This approach reduced violence and was generally regarded as more compatible with democratic principles.

The Strategic Incapacitation Model

After the Seattle WTO protests in 1999, scholars identified a shift toward strategic incapacitation (战略限制) — an approach that combines elements of negotiation with more aggressive tactics selectively directed at groups deemed to pose a threat of violence or disruption. This model is characterized by extensive intelligence gathering, the use of less-lethal weapons (pepper spray, rubber bullets, sound cannons), the establishment of exclusion zones, mass pre-emptive arrests, and the surveillance and targeting of protest leaders and organizers.

The G20 Summit in Toronto (2010)

The policing of the G20 summit in Toronto in June 2010 became a defining moment in Canadian public order policing. The event was the largest security operation in Canadian history, involving approximately 20,000 police officers from multiple agencies and costing nearly one billion dollars. While a small number of protesters engaged in property destruction (the “Black Bloc” smashed windows and set police cars on fire), the police response was widely criticized as disproportionate and unlawful.

Over 1,100 people were arrested during the G20 — the largest mass arrest in Canadian history. The vast majority were subsequently released without charges or had charges withdrawn. Many of those arrested were peaceful protesters, journalists, legal observers, and bystanders who happened to be in the wrong place at the wrong time. The practice of "kettling" — surrounding large groups of people and preventing them from leaving for extended periods — was used extensively and generated particular outrage. The Ontario Ombudsman described the provincial regulation used to justify expanded police powers around the security perimeter as "likely the most massive compromise of civil liberties in Canadian history."

Policing Indigenous Protests and Blockades

The policing of Indigenous protests (原住民抗议) — including blockades of roads, railways, and resource development sites — raises unique issues rooted in the history of colonialism and the unresolved question of Indigenous rights and sovereignty. Events such as the Oka Crisis (1990), the Ipperwash standoff (1995, in which the OPP shot and killed Indigenous protester Dudley George), the Caledonia land dispute (2006), and the Wet’suwet’en pipeline blockades (2020) have demonstrated the potential for policing of Indigenous protests to escalate into violent confrontation.

The Ipperwash Crisis of 1995, in which Ontario Provincial Police officers shot and killed Dudley George during a land-rights protest at Ipperwash Provincial Park, led to a major public inquiry. The Ipperwash Inquiry (2007) found that the Ontario government had improperly influenced police operational decisions, that the OPP had used excessive force, and that systemic failures in communication, planning, and cultural understanding had contributed to the fatal outcome. The Inquiry recommended that police adopt a peacekeeping approach to Indigenous protests and that governments negotiate in good faith to resolve the underlying land claims and grievances that give rise to such protests.

Police approaches to Indigenous blockades typically involve weighing court injunctions ordering the removal of blockades against the risk of violence, the potential for national political crisis, and the recognition that the underlying grievances (land claims, treaty rights, environmental protection) are legitimate even when the methods of protest may technically violate the law. The use of force to remove Indigenous blockades has consistently produced political backlash and reinforced Indigenous communities’ perception that the police serve as instruments of colonial oppression.


Chapter 14: Community-Based Policing

Philosophy and Principles

Community policing (社区警务), also known as community-based policing, represents both a philosophy and an organizational strategy that emerged in the 1980s and 1990s as a response to the perceived failures of the professional policing model. At its core, community policing rests on the premise that effective policing requires a partnership between police and the communities they serve, and that the police cannot control crime or maintain order without the active participation and cooperation of citizens.

Community policing (社区警务): A philosophy of policing that promotes organizational strategies supporting the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime (Community Oriented Policing Services, U.S. Department of Justice). In the Canadian context, community policing emphasizes decentralization, community consultation, problem-oriented approaches, and officer empowerment.

Griffiths (2019) identifies several core elements of the community policing philosophy:

  1. Community partnership: Police work collaboratively with citizens, community organizations, other government agencies, and the private sector to identify and address community concerns. The police are not the sole or even primary agents of public safety; they are one partner among many.

  2. Problem-solving orientation: Rather than simply responding to individual incidents, police identify recurring patterns and underlying conditions that generate calls for service, and develop tailored strategies to address those conditions. This approach draws on Herman Goldstein’s (1990) concept of problem-oriented policing (问题导向警务).

  3. Organizational decentralization: Community policing requires that decision-making authority be pushed down the organizational hierarchy to the patrol officers and neighbourhood teams who are closest to the community. This stands in tension with the centralized command structures that characterize the professional model.

  4. Proactive and preventive orientation: Community policing prioritizes the prevention of crime and disorder through early intervention, environmental design, community mobilization, and the strengthening of informal social controls — rather than relying primarily on reactive enforcement after crimes have occurred.

Theoretical Foundations

Broken Windows Theory

The broken windows theory (破窗理论), articulated by James Q. Wilson and George Kelling in a 1982 Atlantic Monthly article, provided an influential theoretical rationale for community policing. Wilson and Kelling argued that visible signs of disorder — broken windows, graffiti, public intoxication, aggressive panhandling — signal to potential offenders that an area is unmonitored and uncontrolled, thereby creating conditions that facilitate more serious crime. The policy implication was that police should focus on maintaining order and addressing minor incivilities rather than concentrating exclusively on serious crime.

Broken windows theory has been enormously influential but also deeply controversial. Critics, including Bernard Harcourt (2001), argue that the empirical evidence for the claimed causal link between disorder and serious crime is weak, that order-maintenance policing has been implemented in ways that disproportionately target poor and racialized communities, and that the theory diverts attention from the structural causes of crime (poverty, inequality, unemployment) by implying that crime can be addressed through more aggressive policing of minor infractions. The aggressive stop-and-frisk tactics associated with broken windows policing in New York City have been found by courts to constitute racial profiling.

Problem-Oriented Policing

Goldstein’s (1990) problem-oriented policing (POP) approach provides a more analytically rigorous framework. POP directs police to move beyond responding to individual incidents and instead analyze recurring problems, identify their underlying causes, develop tailored responses, and assess the effectiveness of those responses. The SARA model (Scanning, Analysis, Response, Assessment) provides a systematic methodology for problem-solving:

  • Scanning: Identifying recurring problems and prioritizing them for analysis
  • Analysis: Gathering data to understand the nature of the problem, its causes, and the factors that contribute to it
  • Response: Developing and implementing interventions tailored to the specific problem — which may or may not involve enforcement
  • Assessment: Evaluating whether the response was effective and modifying it if necessary
A Canadian example of problem-oriented policing: officers in a municipal police service identified a recurring problem of break-and-enter offences concentrated in a particular neighbourhood. Analysis revealed that the offences were committed primarily by a small number of prolific offenders targeting homes with specific physical vulnerabilities (hidden entry points, absent security systems) during daytime hours when residents were at work. The response combined targeted enforcement against the identified offenders with a community awareness campaign, a home security audit program, and environmental modifications (improved lighting, trimmed shrubbery). Assessment found a significant reduction in break-and-enter offences in the area.

Implementation Challenges

Despite its widespread endorsement by police leaders, governments, and scholars, community policing has proven difficult to implement in practice. Significant challenges include:

Organizational Resistance

The shift from the professional model to community policing requires fundamental changes in organizational culture, structure, and reward systems. Many officers and managers, socialized into the traditional model, view community policing with skepticism — regarding it as “soft” policing, social work rather than “real” law enforcement, or a public relations exercise rather than a substantive change in practice. Middle managers may resist decentralization because it threatens their authority. Promotional criteria that emphasize arrests and enforcement statistics may undermine officers’ willingness to invest time in community engagement and problem-solving activities that are harder to measure.

Measurement and Evaluation

Community policing is inherently difficult to measure. Traditional performance metrics — crime rates, arrest rates, response times, clearance rates — do not capture the quality of community relationships, the effectiveness of problem-solving efforts, or the degree to which citizens feel safe and well-served. Developing meaningful performance measures for community policing remains an ongoing challenge.

Resource Constraints

Community policing is resource-intensive. It requires officers to spend time in communities, attend meetings, build relationships, and engage in problem-solving activities — all of which compete with the demands of calls for service. In an era of fiscal constraint, many police services find it difficult to maintain community policing initiatives alongside the demands of reactive policing.

The Tension with Accountability

The decentralization and officer empowerment that community policing requires can create accountability concerns. Giving individual officers greater discretion and autonomy means that their decisions are harder to supervise and standardize. Without adequate oversight, increased discretion may lead to inconsistent or discriminatory practices.

Some scholars have argued that community policing has been more successful as rhetoric than as reality — that many police services have adopted the language and symbols of community policing (bicycle patrols, community liaison officers, public consultations) without fundamentally changing their organizational structures, operational priorities, or occupational cultures. Ericson's work (1997) suggested that contemporary policing is increasingly oriented toward risk management and information-gathering rather than the community partnership model, and that the rise of surveillance technologies and intelligence-led policing represents a departure from the grassroots engagement that community policing envisions.

The Future of Community Policing in Canada

Community policing remains the dominant official philosophy of Canadian police services, embedded in provincial legislation, strategic plans, and public communications. Its future will be shaped by several ongoing developments:

  • Calls for police reform and defunding: The global protests following the killing of George Floyd in 2020 intensified demands for fundamental changes to policing, including the reallocation of resources from police to social services, mental health responders, and community organizations. These demands challenge police services to demonstrate that community policing is more than a slogan.
  • Technological change: The proliferation of surveillance cameras, body-worn cameras, social media monitoring, predictive policing algorithms, and data analytics is transforming the information environment in which police operate. These technologies offer both opportunities and risks for community policing.
  • Reconciliation with Indigenous communities: The Truth and Reconciliation Commission’s Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls have placed new demands on police to develop genuinely respectful and responsive relationships with Indigenous communities.
  • Mental health and social crisis response: The growing recognition that police are ill-equipped to serve as the primary responders to mental health crises, homelessness, and addiction has spurred the development of alternative and co-response models that pair police with mental health professionals or replace police response entirely for certain call types.

Community policing, whatever its limitations in practice, represents an aspiration that is fundamentally aligned with democratic principles: that the police should serve the community, that public safety is a shared responsibility, and that effective policing requires not just the power of the law but the consent and cooperation of the governed. The challenge for Canadian police services is to translate this aspiration into sustained, measurable practice.

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