The Ford government has altered the temporary powers it is granting police after receiving blowback over the move to allow officers to arbitrarily stop and question people to enforce the provincewide stay-at-home order.
The province amended the regulation issued Friday under the Emergency Management and Civil Protection Act to now only allow officers to request information from an individual if they suspect the person may be participating in a prohibited gathering.
“If a police officer or other provincial offences officer has reason to suspect that an individual is participating in an organized public event or social gathering, they may require the individual to provide information to ensure compliance with restrictions,” an update published on the Ontario government’s emergency information page explains. “This additional enforcement tool will only be in effect during the stay-at-home order.”
The Ontario government’s shift in enforcement authority announced on Saturday evening comes after swift backlash to temporary police powers detailed by Solicitor General Sylvia Jones just one day prior that allowed officers to ask any person not in a place of residence their purpose for not being at home, and to provide their home address. Police would have been able to pull over vehicles as well for the sole purpose of obtaining this information from people.
Numerous municipal and regional police services across Ontario – including Owen Sound, Saugeen Shores, West Grey and Hanover Police – issued public statements in response to assure they would not be conducting random stops of individuals or vehicles.
Several constitutional rights and freedoms watchdog organizations also condemned the temporary police authority detailed Friday.
Prior to the amendment announced by the Ford government Saturday evening, the Canadian Civil Liberties Association said they were preparing to launch a legal challenge and “expected to argue” the province’s regulation violated several sections of the Canadian Charter of Rights and Freedoms.
The Executive Director & General Counsel of the Canadian Civil Liberties Association Michael Bryant issued a statement following the abrupt policy shift by the provincial government, saying: “We will take yes for an answer and put this legal challenge on pause, with respect to the police powers expanded yesterday. This new order … restores an investigative detention standard for police stops.”