Frequently Asked Questions 

Can You Tell Me Why?

Often, we are asked by the public why we release certain information and why we don't release other details. There are many explanations including legal limitations and privacy concerns; but one of the most common reasons that we are not able to explain in every incident is the need to uphold the integrity of an active investigation. 

In an effort to help the public understand how we release information, we aim to answer some common questions.

Missing Persons

Our legal ability to release someone's name and photo when they are deemed missing is only in the event that it is believed their lives may be at risk. Many factors are considered when making the decision about what information is released and how it is released to the public.

An AMBER Alert is a provincial emergency broadcast that quickly alerts the public of a suspected child abduction. If an incident meets established criteria, DRPS will request that the Ontario Provincial Police (OPP) issue the AMBER Alert. 

It is important to note: an AMBER Alert is not appropriate in every incident of a missing child.

To ensure that the alerts continue to be effective, they must meet the following criteria to be issued: 

  • police have confirmed that an abduction has taken place; and
  • the victim is a child, or a person of proven physical or mental disability; and
  • there is reason to believe the victim is in danger of serious physical injury; and
  • there is information available that, if broadcasted to the public, could assist in the safe recovery of the victim

There are specific criteria which must be met in order for an Amber Alert to be issued. The authority to issue an Amber Alert comes from the Missing Persons Act, 2018 (view here).

6.1 (1) An officer may request that the Ontario Provincial Police issue a vulnerable persons alert if,

(a) the officer believes a missing person is a vulnerable person;

(b) the officer has descriptive information about the vulnerable person or about another person who may reasonably be expected to have information about the whereabouts of the vulnerable person; and

(c) the officer has reasonably grounds to believe that a vulnerable persons alert will assist in located the missing person.

In 2023, Bill 74 (view here) provided amendments to the Act, including the definitions of a vulnerable person.

A “vulnerable person” means a person who, because of their age, a disability or other circumstances, whether temporary or permanent,

  • Is in a position of dependency on others, or
  • Is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

In the digital era, information online persists long after its taken down.  This reality underscores the importance of privacy, especially when disseminating information about missing persons. By sharing only a first name and photograph, the public can effectively aid in the search, while safeguarding the individual’s future privacy. This approach minimizes the risk of the missing person’s details becoming easily searchable or permanently linked to them in later years, thus protecting their identity and personal history from potential misuse.

Media Releases

With an average of around 150,000 calls for service every year, it would be impossible to release information about each one. The reason why media releases may occur and what information is contained in them varies with each situation. Legislation allows us to release the name, age, municipality and charges for individuals facing criminal charges. However, there are factors that may change what information is shared, including the integrity of the investigation and the privacy of victims.

And while the name suggests these releases only go to media, the general public sees all the same information when accessing media releases either from our website or social media channels.

A police service is legally permitted to release the name, age and municipality of a person facing charges.  This is public information. We are stating the fact that a charge has been laid. We are not stating guilt or innocence. However, officers have a threshold to meet before affecting an arrest and laying charges. Reasonable grounds must exist. It is then up to the courts to decide innocence or guilt.

There are some instances where names are not used in a release, including youth and when naming the accused may identify a victim. 

Our media releases will be deleted from our website after three months. This allows the names to be takedown as the charges move through the court system. 

 

Race or other descriptors are included only when required to identify an individual suspect and only when using it as a physical descriptor for identification purposes. Those details, including race, might not be included if there is contradictory information or concerns about accuracy.

The DRPS and our regional school boards take threats seriously. They are actively investigated and appropriate measures are taken. Due to privacy, we are limited to what information we can share.

We only release information about threats when:

-they are either active or under investigation and it is deemed necessary to warn the public.

-when the threat has been neutralized and it was deemed valid. 

Often threats are found to be rumours or without substantive evidence. 

Once an accused is moved into the court system we no longer report on the outcome. Names are released as fact at the time when a charge is laid. Names of accused are taken off of our website after three months as any further reports need to be obtained through the court system. 

Our website is the main source of information for the community. When we post on social media we link back to the website, which automatically drops a release after three months. 

There are various reasons why an accused may not be named in a media release. Some examples include:

  • The accused is a minor (under 18-years-old).
  • Naming the accused can identify the victim. Our primary concern is the well-being of the victims and ensuring public safety. In situations where there is no risk to public safety, the potential harm to the victim from disclosing the accused’s name outweighs any benefit of satisfying public curiosity.

In most cases, the accused’s photograph is not included unless there is a clear and justifiable benefit to be gained from its release.

Examples where releasing a photograph would be appropriate include, but are not limited to:

  • Seeking the public’s assistance in identifying a suspect to aid in an ongoing investigation.
  • Possibility of additional victims, releasing the accused’s photo can help victims identify the accused.
  • Immediate concerns related to public safety, where identifying the accused could prevent further harm and ensure public safety.

 

An Undertaking may be considered in various circumstances and several factors are taken into account. These considerations include, but are not limited to:

  • Is the offence minor or major?
  • Is there a risk to the victim or the public if the accused is released?
  • Has the accused committed a similar type of offence before?
  • Is the accused committing the offence of Fail to Comply?

In looking at these factors, officers can make informed decisions to uphold justice while considering the individual circumstances of each case.

Learn more about the role of police in the bail system here.

Being held for bail means that once police arrested the accused, they remained in police custody until they were brought before a Judge or Justice of the Peace.

This means that the accused went before the courts and the method of release is determined by the Judge or Justice of the Peace.

Under the Charter of Rights and Freedom, all accused persons have the right to not be denied reasonable bail without just cause.

Learn more about the bail system here

A charge of Fail to Comply means that the accused was previously charged with an offence, and as part of their release (i.e. Undertaking, Bail or Probation), they have to follow certain conditions. If the accused does not follow one of the conditions, they are failing to comply.

Naming

Legislation allows us to release the name, age, municipality and charges for individuals facing criminal charges. However, there are factors that may change what information is shared, including the integrity of the investigation and the privacy of victims.

The reason is simple: there is a victim who would be identified in this situation if we named the accused. Protecting the identity of a victim of crime is of the utmost importance.

There are times when an investigation does not require the name of the deceased to be released. At this time, we consult with the next of kin and family. If they request a name not be released by police, that is taken into consideration.   

Police Oversight

DRPS is committed to providing the highest quality police service possible to the residents of Durham Region. Accountability is a cornerstone of this commitment. There are both internal and external bodies that allow for oversight of DRPS members and the Service as a whole. 

This type of information is shared on our website. For more information about charges pending or recent decisions, please visit

https://www.drps.ca/about-us/public-complaints-and-oversight/

The SIU is a civilian law enforcement agency in Ontario that has jurisdiction over municipal, regional and provincial police officers.

The SIU Director may cause a criminal investigation to be conducted into any incident in which any of the following occurs, if the incident may have resulted from criminal conduct by an official:
  • The death of a person.
  • The serious injury of a person.
  • The discharge of a firearm at a person.
  • The sexual assault of a person, as reported by the person.
The Unit is independent of any police service and operates at arm’s length from the Ministry of the Attorney General.
Once the SIU invokes its mandate, the police service involved is not permitted to release any further information without approval. This upholds the integrity of the SIU investigation.

Durham Regional Police Service
605 Rossland Rd. E.,
Box 911, Whitby, ON
L1N 0B8
Phone: 905-579-1520
Toll Free: 1-888-579-1520
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