Wednesday, April 14, 2021

The Independent Civilian Review into Missing Person's Investigations released its report on April 9. 

The Independent Civilian Review into Missing Person Investigations was prompted by the tragic deaths of members of Toronto’s LGBTQ2S+ communities and by deep concerns about how the Toronto Police Service conducted the investigations into their disappearances. The Review was designed to evaluate how the TPS has conducted and is conducting missing person investigations, particularly in relation to LGBTQ2S+ and vulnerable or marginalized communities, make recommendations to promote efficient, effective and bias-free investigations and better police relations with affected communities.

U of T Law students at Downtown Legal Services, the Faculty's community legal clinic and clinical education program, contributed to the final report. Students Maddie Andrew-Gee, Rachel BryceAlexa CheungJessica Kim, Thien Thuong Hoang and Raoof Zamanifar, worked under the supervision of DLS director Prasanna Balasundaram to prepare a set of submissions (PDF) on behalf of the Canadian Association of Refugee Lawyers (CARL).

CARL's submissions are referenced at pgs. 437, 625-627, 808 and 809 of the Missing and Missed Report. Notably, Recommendation 111 (pg. 811) adopts the main points of CARL's submissions: 

The Toronto Police Services Board and the Toronto Police Service should re-evaluate, in partnership with the City of Toronto, what protections currently exist for those with precarious legal status who wish to report people missing or provide information about them; whether the Service has misinterpreted its existing enforcement obligations, particularly under immigration legislation; and whether its current procedures and practices are consistent with the city's sanctuary city policy and related directions. This re-evaluation, support by an independent legal opinion, should lead to enhanced, well-communicated protections that will assist in reducing barriers to report or information-sharing with the police.

"This is a tremendous achievement," said Balasundaram. "The hope now is that this recommendation, along with the others, will result in meaningful law reform. DLS will continue to play a role in pursuing this goal."