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In most common law jurisdictions
the responsibility for the provision of public police services was
regarded as a local concern. Prior to the establishment of municipal
governments, in England and Canada this service was fulfilled through
the local office of the Justice of the Peace. Local constables and
High Constables were sworn in by, and were accountable to this local
judicial and administrative officer. With the arrival of local governments,
this responsibility was passed on to the "Watch Committees"
composed of members of the local elected municipal councils.
In 1858, the legislature
of Upper Canada enacted the Municipal Institutions of Upper Canada
Act, Section 374 of which provided that in each of the five
cities in the colony there was to be a Board of Commissioners of
Police. Section 379 provided that "The Constables shall obey
all the lawful directions, and be subject to the government of the
Board
" This section was gradually expanded to include
other municipalities in the province.
The idea of a Board of
Police Commissioners as a municipal police governing authority was
taken from New York City in the United States, and was subsequently
adopted in other Canadian jurisdictions, often with great modification
as to its membership and authority.
The Police Act
was enacted in the 1940's. Section 17 stated in part that "
the
Board is responsible for the policing and maintenance of law and
order in the municipality and the members of the police force are
subject to the government of the Board and shall obey its lawful
directions."
The Police Services
Act took effect on January 1, 1991. The duties and responsibilities
of police services boards are spelled out in Section 31.
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