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Toronto Police chief Bill Blair prepares for a press conference at police headquarters in Toronto Tuesday, June 29, 2010.Darren Calabrese/The Canadian Press

An independent reviewer is needed to determine whether Toronto police's own human rights and use-of-force policies were followed during the G20, says police board chair Alok Mukherjee.

The board, which acts as civilian overseer of the Toronto police, announced at a special meeting Tuesday morning that it is launching an independent civilian review into police conduct during the G20, a week after its chair and Toronto's police chief said there was no need for a public inquiry.

"I have not seen any other reason why there should be what is being called an independent public inquiry," Mr. Mukherjee said last week, noting there are already processes for people wanting to bring specific complaints against police.

But in an interview Tuesday, when asked what had changed, Mr. Mukherjee said he thinks "there is a feeling among board members that there have been certain issues around governance and policy."

There have been persistent public allegations of police misconduct during the summit weekend when more than 1,000 people were arrested, but only 263 charged with anything more serious than breach of peace. There has been criticism of the methods police used to disperse and detain protesters; the way about 200 people were "kettled" by police in the rain in downtown Toronto Sunday night; and the way the film studio-turned-G20 detention centre was run. The police chief, the mayor and others have contended police did their best in a challenging situation.

Mr. Mukherjee told the board the civilian inquiry is a "prompt response" to public feedback.

"This was a very different kind of police operation," he told the Globe and Mail. "It raises important questions around the Toronto police board oversight, its governance responsibilities and the extent to which its policies were in effect at that time."

Mr. Mukherjee said last week it's possible there wasn't sufficient communication around the controversial Public Works Protection Act, which the province amended for the duration of the G20 but whose application police misinterpreted and then didn't clarify during the tense summit weekend.

Police originally said the amendment gave them the right to search and arrest without warrant anyone within five metres of the summit security fence. Although the province's community safety ministry told police the act gave them no special powers outside the fence, police didn't inform the public until after the summit.

The civilian review is not a formal inquiry, its terms of reference have yet to be set and an independent head of the review has yet to be named - proposals on both those fronts will come forward in the next two weeks.

The Canadian Civil Liberties Association and the Law Union of Ontario, two of many bodies that have called for an independent inquiry into police conduct that weekend, said the move is a step forward, although they were careful to note that it all depends what parameters are set out when the review is set up, and what mandate it's given.

But Councillor Adam Vaughan noted that although the review panel will make recommendations to the police services board, an inquiry with the teeth needed to tackle the complex, multi-jurisdictional security efforts behind the G20 summit would have to come from the provincial government.

"This was a provincial policing issue. In order for us to find out what happened, I think we need an inquiry at the provincial level."

The province has indicated it has no intention of initiating a public inquiry of its own, despite calls to do so from the NDP. Mr. Mukherjee said he has no position on that.

"The province has made a decision already … I think the province has made its judgment based on its considerations, and I respect that."

The last-minute board meeting to discuss the review lasted fewer than 20 minutes and Mr. Mukherjee's motion passed unanimously. But many of the more than two dozen people who crowded into the auditorium were angry at not being able to voice their concerns right away. The meeting ended with shouts of "Shame!" from several observers.

Mr. Vaughan said he understands the frustration, but said this review will give concerned members of the public a chance to voice their complaints and give input on the parameters of the review when it's brought to the board within two weeks.

Police Chief Bill Blair, who came out swinging last week in defence of police conduct, wouldn't comment Tuesday. "He doesn't feel it's appropriate to comment on the police board decision," said Toronto police spokeswoman Meaghan Gray.

Toronto Mayor David Miller stood by comments he made in support of police last week, saying they "did a terrific job in impossible circumstances.

"This is the Toronto police services board's role - civilian oversight. And I think it's appropriate that they're accepting that role."

The independent review is "a step in the right direction," said Canadian Civil Liberties Association counsel Nathalie DesRosiers. But its effectiveness will depend on who leads it, and what mandate the reviewer is given.

"You need to have somebody with sufficient stature, sufficient experience to understand behind the lines of police and sufficient credibility to ensure objective findings," she said, adding that she's concerned the review's mandate won't look at the involvement of federal and provincial bodies, including the OPP, the RCMP and CSIS.

Mr. Mukherjee said it's too early to speculate who will lead the review, which will have about 12 weeks to come back to the board with recommendations.

Those won't be binding, he admitted. "Recommendations are recommendations. But I expect the board will look at them very seriously."

With a report from Kelly Grant

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