Case Explained: Here’s why only some of the Toronto cops in the corruption probe face suspension without pay – Legal Perspective

Eight active and retired Toronto police officers have been charged in a months-long investigation into organized crime and corruption that also led to more than a dozen other arrests. 

The probe led by York Region police was announced Thursday, with officials laying out an alleged web of crime they said includes bribery, conspiracy to commit murder and drug trafficking.

That same day, Toronto’s police chief said the accused officers have been suspended, and he will seek to have four of them suspended without pay.

Here’s why that’s noteworthy, and why it would likely not have been possible a few years ago:

When can police be suspended without pay?

As of roughly two years ago, police chiefs in Ontario can suspend an officer without pay if the officer is in custody or on bail with conditions that would interfere with their ability to do their job.

They can also do it if the officer is charged with a serious off-duty offence that could also lead to their firing.  

WATCH | TPA says union can cover legal fees, but it’s not automatic:

Union may not cover legal fees for police charged in organized crime probe: president

Seven Toronto police officers and one retired officer are facing charges after an investigation into corruption and organized crime. Clayton Campbell, president of the Toronto Police Association, says while the union can cover legal fees for officers, it’s not automatic. Campbell says one criteria is that officers must be acting lawfully and in good faith.

 The change was part of an overhaul of the province’s 34-year-old law on policing. The Community Safety and Policing Act came into effect in April 2024, five years after it was passed into law.

What were the old rules?

Before it was replaced, the Police Services Act severely limited the circumstances in which a police officer could be suspended without pay. It was only possible in cases where an officer was both convicted of an offence and sentenced to time behind bars.

That meant an officer who was convicted but didn’t have to be jailed would still be suspended with pay unless they were fired through internal disciplinary proceedings. That could stretch to months or even years if they appealed their termination.

How were the changes received?   

The Ontario Association of Chiefs of Police had long pushed for more powers to suspend officers without pay, and said at the time that the new rules marked progress.   

Police unions, meanwhile, had voiced concerns about expanding eligibility for suspension without pay, saying officers charged with offences were innocent until proven guilty. However, the president of the Police Association of Ontario has said he believes the new rules represent a good balance.