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In 2013, following his inquiry into the response by the police and the Toronto Police Services Board to the G20 demonstrations Justice Morden recommended that the Board create a comprehensive policy on crowd control. The Board contented itself with policies on Arrangements with RCMP for International Events (February 19, 2013), Mass Detention Centres (July 16, 2015), and Designated Special Events (July 16, 2015). These policies provided little guidance to the police about the principles and priorities governing such important police functions and largely left all aspects of planning and operations up to the Chief of Police.
In 2023, Justice Rouleau in his inquiry into the response to the Freedom Convoy protests and the invocation of the Emergency Measures Act found it necessary to make a similar recommendation.
The Policing Committee of the Law Union of Ontario has presented submissions to the Toronto Police Services Board urging the Board to adopt a principle-based public order policy based on 9 principles:
- The Importance of Safeguarding Freedom of Expression and Freedom of Peaceful Assembly Guaranteed by Section 2(b) and 2(c) of the Canadian Charter of Rights and Freedoms.
- Police and Board neutrality.
- The obligation on the Chief of Police to inform and update the Board about policing of protests and demonstrations, including plans, tactics, and ongoing issues.
- Board Review of Crowd Control Tactics and Planning
- Acknowledgement of Legal Restraints on the Use of Police Powers of Arrest and Search
- The Importance of Discretion and Restraint in Handling Protests and Demonstrations
- Board Review of Police Surveillance and Intelligence-Gathering of Demonstrators
- Accountability for Excessive Use of Force; and
- Applicability of the policy to special constables and auxiliary police officers and to private investigator and security firms hired by the TPS to assist in crowd control or the policing of protests and demonstrations.