MILLER SUPPORTS POLICE UNION OVER DRUG TESTING

Mayor David Miller sided yesterday with the Toronto Police Association in
its call to delay mandatory random drug tests for certain officers, saying
the tests would be a violation of civil liberties.

A few hours later, the Police Services Board heeded his advice and put off
the drug-testing issue until its next meeting.

The program, which was due to start March 1, was the centrepiece of a
package of recommendations drawn up in April by retired judge George
Ferguson, after Toronto's drug squad was stung by allegations of corruption.

"I don't believe in random testing of people. That violates civil
liberties," the mayor told reporters yesterday. ". . . I believe drug
testing is only appropriate where there's some evidence to support it. It's
the same with anyone in any job."

The mayor's intervention took Mr. Ferguson by surprise.

"I'm quite shocked that the mayor would express any views about my
recommendations," he said. "He is not a member of the Police Services Board
and as far as I understood he wasn't running the police service.

"I don't want to get into a controversy with the mayor, but I'm shocked
that he would say anything about it."

The decision was deferred to allow board members to discuss the specifics
of the policy, once city staff has drawn it up, said Pam McConnell, chair
of the Police Services Board. The next meeting is on March 8.

"I think that we need to be able to see precisely what we're talking about:
who will be tested, how they'll be tested and what we do if they fail the
test," she said.

Ms. McConnell said the drug tests could help officers whose work, either as
undercover officers or in high-stress situations, places them in harm's
way. "I see this as a lifeline. I don't see it in a pejorative way, I don't
see it as a big club at any one."

Mr. Miller's comments came in response to a press release from Toronto
Police Association president Dave Wilson. Mr. Wilson asked him to urge the
Police Services Board to delay drug-testing plans until the union can hold
talks with whoever replaces departing Police Chief Julian Fantino.

In the release, Mr. Wilson cited Mr. Miller's opposition to drug testing
for Toronto Transit Commission drivers, referring to statements made when
the mayor was a city councillor in 1998.

"It's very invasive," the mayor was quoted as saying. "It's wrong as a
matter of principle unless you have grounds to test."

Yesterday, the mayor said he supports giving supervisors better training to
spot possible drug use. And he said drug testing is acceptable only if
there are reasonable grounds or evidence to suspect an officer of wrongdoing.

He called on the Police Services Board to work out a solution with the
union. The board, along with Chief Fantino, has endorsed Mr. Ferguson's report.

Mr. Wilson said the police union is prepared to launch a legal challenge if
the board approves drug tests. He said it's an issue of fundamental rights
guaranteed by the Charter, and added he can't understand why Toronto should
be the only police force in Canada to institute the tests.

"Our lawyers are ready right now. We're ready to go to court," Mr. Wilson said.

Mr. Ferguson said his research indicates that drug problems have worsened
in the force, and he believes the police union will eventually agree to the
program.

"The drug-testing program in New York City has been no problem whatsoever,"
he said.

Under Mr. Ferguson's plan, officers could choose not to participate in drug
testing, but then would not be allowed to work in certain areas.