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TitleReport of The Cornwall Public Inquiry
LanguageEnglish
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Total Pages363
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Page 1

CHAPTER 7

Institutional Response of the Ontario
Provincial Police

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The vision of the Ontario Provincial Police is “Safe Communities ... A Secure
Ontario.” This reflects the community policing philosophy mandated by the
government of Ontario in 1990, a philosophy that stresses collaboration with
other institutions and the community served in carrying out policing functions.1

Headquartered in Orillia, the Ontario Provincial Police (OPP) is responsible
for policing services in 400 communities across Ontario, including those out-
side the City of Cornwall in the United Counties of Stormont, Dundas &
Glengarry. In 2005, there were approximately 5,500 uniformed officers and
1,800 civilian personnel providing policing services in six Ontario regions,
including the Eastern Region, where the Counties of Stormont, Dundas &
Glengarry are located.
In addition to direct policing in communities across Ontario, the OPP is

responsible for provincial policing services that include policing on highways,
waterways, provincial parks, and trail systems; providing emergency police
response and resources for incidents or disasters beyond the ability of the police
service of the jurisdiction involved; and providing investigative expertise and
assistance to municipal forces. It leads many joint-force multi-jurisdictional task
forces, and is responsible for province-wide systems such as the Ontario Sex
Offender Registry and the Provincial Violent Crime LinkageAnalysis System. The
OPP also provides specialized services through various programs such as the
canine and collision reconstruction programs.

479

1. Community policing involves a number of activities to engage the community served, including

public consultation and education, protocols with community agencies and institutions, training to

increase police sensitivity to the diverse population served, being representative of the community

served, and respect for victims of crime and their needs.

Page 2

480 REPORT OF THE CORNWALL INQUIRY — VOLUME I

This chapter will consider the investigations conducted by the OPP in 1994 at
the request of the Cornwall Police Service and during Project Truth, a special
project assigned to the OPP in 1997 in response to allegations of historical sexual
abuse made in Cornwall and surrounding areas, as well as related investigations.
Interactions between the OPP and other institutions, such as the Ministry of the
Attorney General, will be examined.

History of the OPP

The Ontario Provincial Police was founded in 1909, with forty-five officers
appointed by the government of Ontario.2 By 1930, officers patrolling provincial
highways had joined the OPP. By the 1940s, the OPP had developed a Criminal
Investigation Branch (CIB) with specialized investigatory expertise.
In 1947, the first �’$"��
�, passed by the Ontario government came into

effect.3 Among other things, this legislation permitted the OPP to provide
full-time policing under contract to municipalities. It also formally recognized the
role of the CIB in assisting municipal forces. By 1949, the OPP had 1,083 officers
at 235 locations throughout the province. In the 1960s, the OPP experienced a
major reorganization and went through rapid growth and technology change.
By 1974, the OPP had hired its first female officers for active duty.
In 1972, the OPP began reporting to the Ministry of the Solicitor General,

rather than the Ministry of the Attorney General, following a major government
reorganization. The same Ministry continues to be responsible for the OPP,
though it is now called the Ministry of Community Safety and Correctional
Services.
The OPP has always had both commissioned and non-commissioned offi-

cers. Full-time constable is the first rank among non-commissioned officers,
followed by sergeant, staff sergeant, and sergeant major. The first level among
commissioned officers is inspector, followed by superintendent, chief superin-
tendent, and deputy commissioner.4 All investigative roles have “detective” added
to their title (e.g., detective sergeant or detective inspector). The most senior
officer of the OPP is the Commissioner of the Ontario Provincial Police. Gwen
Boniface held this position at the inception of this Inquiry. Julian Fantino,
the current Commissioner of the Ontario Provincial Police, succeeded her on
October 30, 2006.

2. At that time, it was called the Ontario Provincial Police Force.

3. 1946, S.O. 1946, c. 72.

4. To be commissioned means to be appointed by Order-in-Council. As of 2006, there were fewer

than 200 commissioned officers in the OPP.

Page 181

Detective Sergeant Hall called the Dunlop residence again just after 10:30
a.m. He spoke with Constable Dunlop and asked why he was contacting Mr.
Marleau. According to Detective Sergeant Hall’s notes:

He [Constable Dunlop] really didn’t have any explanation for
contacting MARLEAU, and he went on to say he felt comfortable
getting on the stand and repeated, put me in the stand, meaning the
witness box. I replied it may never get to that if we can’t satisfy
disclosure issues. I said you are a police officer, you know we have
to disclose everything. I said we are trying to cover his ass as well.
He took exception to that.

Detective Sergeant Hall then asked about the notes that were taken during
the videotaped interview of Mr. Leroux. Detective Sergeant Hall’s notes state, “He
[Constable Dunlop] became agitated saying he will take the stand on that matter.
He further stated, don’t call me anymore, call my lawyer.” Constable Dunlop
then provided the name and contact information for his lawyer, John Morris.
Constable Dunlop did not note this incident in his will-state, but he does have

notes of it, although they appear to be wrongly dated December 16, 1998. These
notes confirm that Detective Sergeant Hall asked Constable Dunlop why he was
contacting Mr. Marleau and that he asked about the notes that were taken during
the interview with Mr. Leroux. Constable Dunlop described Detective Sergeant
Hall’s manner as “terse, unprofessional, edgy.”

At the hearings, Detective Inspector Hall said, “[I]n hindsight maybe I
shouldn’t have said it was covering his ass but we’re talking police officer to
police officer here and I’m trying to enforce what I need to get from him.”
Detective Inspector Hall testified that after this conversation, he immediately

contacted Inspector Trew and informed him of what had transpired. ChiefAnthony
Repa acknowledged that the Cornwall Police Service was briefed on the fact
that Detective Sergeant Hall was not convinced that Constable Dunlop had
provided all of his disclosure.
Detective Sergeant Hall also wrote to CrownAttorneyAlain Godin on Novem-

ber 17, 1998, and informed him of the difficulties in obtaining disclosure from
Constable Dunlop. Detective Inspector Hall testified that he did not recall getting
a response to this letter, nor did he recall getting any direction from Mr. Godin.
Detective Inspector Hall also testified that he had a discussion with Shelley

Hallett about Constable Dunlop’s notes and that he did not get much direction back
from her.
Detective Inspector Hall testified that events in the fall of 1998, in particular

Constable Dunlop’s refusal to sign the memo and the conversation about his
contacts with Mr. Marleau, caused his relationship with Constable Dunlop to

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Page 182

change for the worse. In addition, he acknowledged that the Dunlops were not
happy with the December 1998 decision not to lay charges in relation to the
death threats against the Dunlop family and that this “probably had an effect on
my relationship with them.”
Despite the fact that Detective Sergeant Hall did not believe he had all of

Constable Dunlop’s materials, it does not appear that any significant action was
taken until disclosure issues arose in the Marcel Lalonde prosecution in the fall
of 1999. It is my view that the OPP should have considered asking the CPS to
issue another order to Constable Dunlop or requested a formal legal opinion
about what action could be taken. Neither the OPP as an institution, nor its case
managers for Project Truth, Detective Inspector Smith and later Detective Inspector
Hall, were able to develop and apply proper practices or protocols to ensure
effective cooperation with the CPS in dealing with Constable Dunlop’s involve-
ment in OPP investigations and prosecutions.

ContactWith Victims in 1999

The OPP was aware that Constable Dunlop was continuing to have contacts with
victims into 1999. He met with C-104 on April 7, 1999, and took a videotaped
statement from him. The OPP interviewed C-104 the following day, and he
disclosed this contact with Constable Dunlop.

Staff Sergeant Garry Derochie Becomes the CPS Liaison Officer

In September 1999, Inspector Trew retired and Staff Sergeant Derochie became
the Cornwall Police Service’s liaison with Project Truth. Staff Sergeant Derochie
testified that he was assigned to this role because he was in the Professional
Standards Branch and because he was involved in a number of issues regarding
Constable Dunlop.

Issues Arising in the Marcel Lalonde Trial

As was discussed in detail in the section “Investigation and Prosecution of Marcel
Lalonde,” a number of issues involving Constable Dunlop arose during the prose-
cution of Marcel Lalonde. Constable Dunlop had had contact with a number of
victims and alleged victims of Mr. Lalonde, including C-8 and C-68.
Constable Dunlop testified in the preliminary inquiry on January 15, 1998. He

told the Court that he still had some undisclosed materials in his possession that
related to the Lalonde prosecution, and that Detective Constable Genier “would
have everything [Perry Dunlop] provided to the OPP.”
The trial of Mr. Lalonde was initially scheduled to begin on October 4, 1999.

On September 29, 1999, Crown ClaudetteWilhelm received a letter from defence
counsel requesting notes taken by Perry Dunlop on September 11 and December



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Page 362

sexual assault/abuse in a timely manner, in particular, historical sexual
assault/abuse cases.

Communication Plans and Media Releases

23. Press releases should provide appropriate and accurate information
to the public. Regular communication between the investigators and
the media liaison official should help to ensure this occurs.

Informing Employers

24. An order or directive should be developed that requires the
OPP to inform public institutions, such as school boards, child
welfare agencies, hospitals, local religious institutions, and Justice
partners, that an allegation of sexual assault/abuse has been made
against one of their employees if the employee under investigation
comes into contact with children in the course of their work.
This protocol should also apply to anyone on contract with a
public institution or community-sector organization, such as
a bus driver or cleaning staff, and anyone who volunteers with
a public institution if the individual under investigation comes
into contact with children in the course of his or her duties.
Notification should be made by a designated senior OPP officer
to a designated senior person in the public institution or community
sector organization.

Recommendations for the OPP and Other Public Institutions

Child Protection Protocol, 2001

25. The OPP is a partner in the Child Protection Protocol: A
Coordinated Response in Eastern Ontario (July 2001). Since
this protocol has not been updated, the OPP should meet as
soon as practicable with other partners to review and update
the protocol. For those partners actively involved in the
investigation and prosecution of sexual assault/abuse cases,
consistent roles for the participants should be set out as well
as guidance on information sharing between investigating
bodies. The process of reviewing and updating the protocol
should continue triennially.

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Page 363

Joint Training

26. The government of Ontario and the responsible ministries should
reinstitute joint training for CAS workers and police officers as
soon as practicable. This joint training should include specific training
on responding to historical allegations of abuse. For some aspects
of training, consideration should be given to including other Justice
partners, such as Crown counsel or those working in hospitals, in
specialized assault units. Joint training might also support more
standardization or the development of “best practices” protocols
between police and Children’s Aid Societies.

Court Management Protocol

27. The OPP and MAG, in particular the Crown Attorney’s Office in
Cornwall, should develop a court management protocol as soon as
practicable. This protocol should address the specific roles, duties,
and relationship between OPP officers and Crown attorneys in relation
to prosecutions, and be reviewed triennially.

Special Project Prosecutions

28. OPP and MAG should work together to develop joint operational
plans in special project prosecutions.

29. MAG and Ontario police agencies should review and compare
their major case management protocols to identify and rectify
inconsistencies and gaps.

Disclosure in Joint Investigations

30. In joint investigations involving more than one police force, a
protocol should be developed that stipulates that one officer should
be responsible for all disclosure requests. This officer should have
a contact on the other force or forces who assists with disclosure
but should personally oversee and track which items have been
disclosed to the Crown on behalf of all police forces involved in
the investigation.

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