'We don't have the option to suspend without pay' says Police Chief

The city’s chief of police says officers under criminal investigation cannot be suspended without pay, but he hopes to have that option in the future as the province’s criminal justice legislation is being reworked.

Chief Robert Keetch was responding to SooToday’s questions regarding Constable Jarrott Forsyth, a nine-year veteran of the Sault Ste. Marie Police Service, who is currently under criminal investigation as a result of the alleged assault of a woman.

Keetch said the officer has been suspended with pay.

“He is suspended until the completion of the investigation, at which time there will be a determination with regard to the potential of returning him to a desk job within the service,” said Keetch.

Due to a provision within the Ontario Police Services Act, Keetch said, the only option available was suspension with pay.

Even if a police chief wanted to see an officer suspended without pay, they would be unable to make that recommendation under the current legislation.

“That is the only option we have. We don’t have the ability to suspend without pay,” said Keetch by phone today.

Former city councillor Pat Mick, who currently sits as vice-chair of the Police Services Board, said the officer is innocent until proven guilty.

“Especially when it is at the point of charges and not at trial. Everybody has to have their day in court, I suppose,” said Mick.

What can be concerning, she said, is the potential for an investigation and trial taking years to complete, while an accused officer pulls in a full paycheque.

“I think that’s where we have difficulty as a board, the fact that sometimes you are stuck with that for a long time and if things aren’t attended to promptly,” said Mick.

Keetch said the Ontario Police Services Act is currently being reviewed by the Ministry of Community Safety and Correctional Services. 

The Ontario Association of Chiefs of Police is lobbying for some changes, says Keetch, including offering chiefs more options when it comes to suspending officers under criminal investigation.

“One of them is — under certain criteria — being suspension without pay,” said Keetch, noting, “I don’t know that would be applicable in these circumstances, but that is something we have made representation to the ministry in regard to.”

Mick notes that not paying an officer facing criminal investigation could come with its own concerns.

“Not just back-time, there could be other repercussions,” said Mick.