Pubdate: Fri, 28 Jan 2005
Source: Ancaster News (CN ON)
Copyright: 2005 Brabant Newspapers
Contact:  http://www.ancasternews.com
Details: http://www.mapinc.org/media/3386
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

POLICE CHIEF CONSIDERING RANDOM DRUG TESTING OF KEY OFFICERS

Hamilton Police Chief Brian Mullan says he is considering following 
Toronto's lead of introducing random drug testing for officers in senior 
and high-risk positions.

While he and the police services board are still reviewing a judge's 
recommendations that prompted Toronto Police Chief Julian Fantino's move to 
introduce such tests to his ranks beginning in March, Chief Mullan said he 
wants to know if one of his officers has a drug problem.

The Toronto Police Service also plans to implement psychological testing 
and spot financial background checks for officers in high-risk jobs, and 
faces a battle from its union - one a Hamilton police union rep says would 
be repeated here.

Controversial Measures

The controversial measures are in response to 32 recommendations made last 
year by Justice George Ferguson, hired by Toronto's chief to offer advice 
on how to prevent corruption and maintain public confidence after a string 
of police scandals involving allegations of theft, perjury, protection 
payments and fabrication of evidence.

The judge's other prescriptions included better recruitment, training and 
promotion practices, changes to the handling of informants, a snitch line 
to report misconduct and protection for whistleblowers.

"Our police association is aware that we are considering all of those 
recommendations, so stay tuned," said Chief Mullan, who wouldn't put any 
timeline on action but expressed support for drug testing.

"I'm certainly not opposed to it, myself. Anybody could randomly drug test 
me at any given time. I would not be averse to it in any shape or form. I'm 
sure that the majority of police officers, if not all the police officers 
in this service, would agree with that."

Chief Mullan said psychological testing is already used for new recruits 
and those assigned to the emergency response tactical unit, and "could be a 
useful tool" in high risk areas like the drug and vice squads.

But he said he's less certain about the value of random checks of officers' 
personal finances.

"I'm not totally convinced that examining somebody's financial status is an 
indicator that they're going to be corrupt," he said. "There are many 
individuals within a community that are facing financial crises from time 
to time and they never turn to unlawful behaviour.

"Certainly abuse of drugs such as cocaine is an indicator to me as a chief 
and I want to know that."

But Hamilton Police Association administrator Doug Allan said it's 
premature to consider following Toronto's path because the police union 
there is vowing to challenge all three measures in court for violating 
privacy rights.

He said his association's own legal opinions suggest random drug testing 
won't survive such a challenge - a potential hurdle acknowledged by Justice 
Ferguson's report.

Toronto plans to test for nine illegal drugs, including cocaine, heroine, 
methadone, PCP, ecstacy and THC, the active ingredient in marijuana, as 
well as the legal pain killer oxycodone.

High-risk jobs identified in the Toronto initiative include the chief, 
senior officers and those working in drug, holdup, emergency, homicide and 
professional standards squads.

"Certainly there has to be grounds for the test. You can't just invade a 
person's privacy," Mr. Allan said. "And then what are the consequences? 
It's a huge issue," he said.

"We'd be very hesitant to approve anything that didn't protect our members' 
rights, in keeping with the laws of the land.

Mr. Allan said Justice Ferguson's report was commissioned to address a 
perceived problem of police corruption in Toronto, one he doesn't believe 
exists in Hamilton.

No other police force is pursuing the recommendations, making it prudent to 
await the outcome of the Toronto legal challenges before taking action, he 
said.

"There's got to be something to be said when all the other police services 
in Canada are holding back," Mr. Allan said.

Union vows to fight 'huge' privacy-rights issue.
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MAP posted-by: Beth