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dereliction of duty OPP Smith Falls

OPP Caught Again — Officer Refuses to Enforce Trespass Act #TrainThePolice #FTP #FilmThePolice

(SMITHS FALLS, ON) – Once again, the Ontario Provincial Police have embarrassed themselves on video — this time, caught refusing to enforce Ontario’s own Trespass to Property Act and treating the complainant with hostility instead of professionalism.

This was not a split-second street encounter or a complex legal dispute. It was a basic matter of property rights — the kind of scenario every officer in Ontario should be able to handle blindfolded. Yet here we are again: another OPP officer who either doesn’t know the law or simply refuses to apply it.


Dereliction of Duty — or Ignorance of the Law?

The Trespass to Property Act is not obscure. It’s one of the simplest and most commonly applied laws in the province. It clearly states that property owners — or those in charge of a property — have the right to ask anyone to leave if they are engaging in prohibited conduct. Refusal to do so becomes trespassing, and it is the police’s duty to enforce that law.

Instead, the Smiths Falls officer in this latest video turned the law on its head — defending the trespasser and belittling the rightful complainant. That’s not just unprofessional; it’s a betrayal of the public trust. The badge is not a suggestion — it comes with the responsibility to know, understand, and apply the law. Ignorance is no excuse, especially when it leaves citizens defenseless on their own property.


Citizen “Journalists” Are Not Above the Law

Let’s be clear: so-called citizen journalists have rights — but not special rights. The moment they walk into a private business, their rights stop where the owner’s begin. The restaurant, store, or café controls that space. If the owner says filming is prohibited and the person refuses to stop or leave, that’s trespassing. Period. Children are taught this is high school, there is no excuse for not knowing “leave means leave”.

This “citizen journalist” in Smiths Falls wasn’t defending free speech — they were testing how much they could get away with. And thanks to an untrained or unwilling OPP officer, they got away with far too much. That person should face the same charges anyone else would under the Trespass Act.


Cameras Keep Everyone Honest

Ironically, it’s only because someone filmed the police that this failure came to light.
Filming police interactions is not just a right — it’s a public duty. Without the video, the officer’s dereliction of duty would have been swept under the rug. Recording protects both citizens and good officers from false claims — but when the footage reveals ignorance and arrogance from the uniformed side, it exposes a deeper rot: a police culture too comfortable with being wrong.


Training Isn’t Optional — It’s Urgent

This is not the first time OPP have had to issue a statement admitting one of their own “did not align with the provisions of the Trespass to Property Act.” And if this keeps happening, it won’t be the last unless leadership takes responsibility.

The people of Ontario deserve better than officers who shrug off the law.
If you wear the badge, you must know the law. If you don’t — resign, or be retrained until you do.


Accountability Must Start Now

The Ontario Provincial Police leadership can no longer hide behind hollow press statements and “internal reviews.” The people deserve visible, public accountability.

Here’s what needs to happen immediately:

  • Public Identification: The officer in question should be named, not shielded behind bureaucracy.
  • Disciplinary Review: A full review by the OPP Professional Standards Branch, with consequences made public.
  • Mandatory Retraining: Every officer in the province should receive refresher training on the Trespass to Property Act and basic property rights.
  • Public Apology: The OPP Commissioner should issue a formal apology to the complainant and to the citizens of Smiths Falls for this failure.

Until those steps are taken, the OPP’s credibility on “professionalism and respect” means nothing. The uniform represents authority — but it must also represent accountability.


📰 Editor’s Note

Video evidence of the Smiths Falls OPP incident is publicly available on social media platforms, including X (formerly Twitter). The OPP has acknowledged that the officer’s response “did not align with the provisions of the Trespass to Property Act” and stated that the matter is under internal review. The original incident has also been referred to the Canada Border Services Agency.

🎥 Editorial Summary: Smiths Falls OPP at Tim Hortons

The video opens outside a Tim Hortons in Smiths Falls, where a visibly frustrated man — apparently the complainant — is speaking with an Ontario Provincial Police officer. The man explains that someone inside the restaurant was filming customers and staff without permission, and that staff had asked for police assistance to remove the person under the Trespass to Property Act.

From the very first seconds, the officer’s body language is dismissive — one hand on their hip, a condescending smirk forming as the complainant explains the situation. Instead of taking notes or clarifying the facts, the officer interrupts repeatedly, shifting posture and tone to one of irritation rather than inquiry.

The complainant’s voice is calm but firm. He tries to cite the property owner’s rights, referencing the Trespass to Property Act and emphasizing that filming was not permitted inside the restaurant. The officer, however, refuses to acknowledge the legal basis, replying with curt and patronizing remarks — effectively arguing the law with the citizen instead of enforcing it.

As the conversation continues, the officer becomes visibly impatient. They lean back, cross their arms, and even scoff at one point. When the complainant presses the point that the business had clearly asked for assistance removing the person filming, the officer responds with a sarcastic tone — implying that it’s “not a police matter” and suggesting that the complainant “deal with it yourself.”

The camera angle captures the tension clearly: the officer radiates disdain and authority without accountability, while the complainant stands powerless — effectively abandoned by the very agency sworn to uphold the law.

At one point, the officer waves dismissively toward the restaurant, muttering that the “person filming isn’t breaking any laws.” That statement — incorrect under the Trespass to Property Act — is delivered with the casual arrogance of someone who either doesn’t know or doesn’t care what the statute actually says.

The complainant tries to reason, citing that private property rules apply once inside the restaurant. The officer cuts him off mid-sentence and walks toward their cruiser, leaving the man standing there mid-conversation — the ultimate visual of dereliction and disrespect.

The clip ends abruptly, with the complainant’s voice audible, exasperated and disbelieving, as the officer drives away — refusing to enforce a law that even the OPP later admitted was mishandled.

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dereliction of duty OPP Smith Falls

OPP Officer(s) Facing Possible 15 Years In Prison After Viral Tim Hortons Incident #SIU #FilmThePolice #FTP

(FilmThePolice.ca) The Special Investigation Unit of FTP has concluded our investigatioin of the Smith Falls (Tim Hortons) incident. The video shows OPP officers aiding and abetting a trespasser. The officers actions could net them 15 years in prision if/when charged and convicted.

The video opens in a Tim Hortons in Smiths Falls, where a visibly frustrated man — apparently the complainant — is speaking with an Ontario Provincial Police officer. The man explains that someone inside the restaurant was filming customers and staff without permission, and that staff had asked for police assistance to remove the person under the Trespass to Property Act.

From the very first seconds, the officer’s body language is dismissive — one hand on their hip, a condescending smirk forming as the complainant explains the situation. Instead of taking notes or clarifying the facts, the officer interrupts repeatedly, shifting posture and tone to one of irritation rather than inquiry.

The complainant’s voice is calm but firm. He tries to cite the property owner’s rights, referencing the Trespass to Property Act and emphasizing that filming was not permitted inside the restaurant. The officer, however, refuses to acknowledge the legal basis, replying with curt and patronizing remarks — effectively arguing the law with the citizen instead of enforcing it.

As the conversation continues, the officer becomes visibly impatient. They lean back, cross their arms, and even scoff at one point. When the complainant presses the point that the business had clearly asked for assistance removing the person filming, the officer responds with a sarcastic tone — implying that it’s “not a police matter” and suggesting that the complainant “deal with it yourself.”

The camera angle captures the tension clearly: the officer radiates disdain and authority without accountability, while the complainant stands powerless — effectively abandoned by the very agency sworn to uphold the law.

At one point, the officer waves dismissively toward the restaurant, muttering that the “person filming isn’t breaking any laws.” That statement — incorrect under the Trespass to Property Act — is delivered with the casual arrogance of someone who either doesn’t know or doesn’t care what the statute actually says.

The complainant tries to reason, citing that private property rules apply once inside the restaurant. The officer cuts him off mid-sentence and walks toward their cruiser, leaving the man standing there mid-conversation — the ultimate visual of dereliction and disrespect.

The clip ends abruptly, with the complainant’s voice audible, exasperated and disbelieving, as the officer drives away — refusing to enforce a law that even the OPP later admitted was mishandled.


Tone and Takeaway

The video perfectly captures the imbalance of power between citizen and state.
The complainant is correct, polite, and factual.
The officer is rude, dismissive, and uninformed.

Rather than protecting property rights, the OPP representative dismisses them entirely — leaving the business owner unprotected and the trespasser unchallenged.

SIU Conclusions Recommended Charges.

⚖️ 1. For the “Citizen Journalist” (Person Filming Inside the Restaurant)
Trespass to Property Act, R.S.O. 1990, c. T.21

Sections 2(1)(a), 2(1)(b), 2(1)(c):

“Every person who, without the express permission of the occupier, enters premises when entry is prohibited, or engages in activity when such activity is prohibited, or remains on the premises after being directed to leave by the occupier or an authorized person, is guilty of an offence.”

Possible charge:

  • Trespass to Property (Provincial Offence)
    • Fine: up to $10,000 (s. 2(1), s. 4(1))
    • Arrest without warrant possible under s. 9(1) when offender refuses to leave or identification is refused.

If the person continued filming after being told to stop, or refused to leave, they committed a complete trespass offence.
The right to film does not override property rights inside private businesses.


⚖️ 2. For the OPP Officer(s)

Police officers are not immune from accountability when they refuse to enforce a valid law or act in bad faith. Several possible legal and professional implications arise.

A. Dereliction of Duty / Neglect of Duty

Under the Police Services Act (now Community Safety and Policing Act, 2019), misconduct includes:

“Neglect of duty” — failing to promptly and properly perform a duty as required by law.

Possible outcome:

  • Disciplinary charge, not criminal.
  • Sanctions can include suspension, demotion, or dismissal.

Examples of misconduct:

  • Refusing to act on a lawful request for enforcement.
  • Demonstrating ignorance of basic statutes such as the Trespass to Property Act.
  • Being discourteous or hostile toward a complainant.

B. Obstruction of Justice (Criminal Code s. 139)

“Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice is guilty of an indictable offence…”

If an officer knowingly refuses to act, misleads a complainant, or protects a trespasser, this could theoretically constitute obstruction of justice — though prosecutors rarely charge it unless intent is clear.

Possible charge:

  • Obstruction of Justice, indictable or summary offence
    • Penalty: up to 10 years imprisonment (if indictable).

C. Breach of Public Trust (Common Law / Criminal Code s. 122)

“Every official who, in connection with the duties of their office, commits fraud or a breach of trust is guilty of an indictable offence…”

If the officer’s inaction was deliberate, motivated by bias, or intended to protect the trespasser, it could be seen as Breach of Trust by a Public Officer.

Possible charge:

  • Criminal Breach of Trust (s. 122)
    • Maximum: 5 years imprisonment

D. Aiding and Abetting (Criminal Code s. 21)

If the officer’s conduct encouraged or enabled the trespass to continue (for instance, by telling the trespasser they could stay), that constitutes aiding or abetting an offence.

“Every one is a party to an offence who aids or abets another person in committing it.”

Possible charge:

  • Party to Trespass to Property Act offence
    • Penalty: same as principal offender (fine up to $10,000)

Although aiding and abetting is rarely laid against police in such cases, it is legally possible if evidence shows active encouragement or knowing facilitation.


⚖️ 3. For the Complainant / Victim

No legal exposure here. The complainant acted properly:

  • Reported the violation.
  • Requested police assistance lawfully.
  • Cited the correct statute (Trespass to Property Act).
  • Attempted to de-escalate through legal means.

If anything, the complainant may have civil recourse for:

  • Negligence or dereliction of statutory duty by the OPP.
  • Loss of business or emotional distress due to the officer’s inaction (in rare cases).

⚖️ 4. Civil & Administrative Avenues
Office of the Independent Police Review Director (OIPRD)
  • File a complaint for Neglect of Duty, Discreditable Conduct, or Unlawful/Unnecessary Exercise of Authority.
  • Can lead to an internal disciplinary hearing or retraining order.
Civil Liability

If damages occurred (loss of customers, reputational harm, intimidation), the complainant could pursue:

  • Civil claim for negligence or breach of statutory duty against the OPP.
  • Human rights complaint if the officer’s behaviour indicated bias or discrimination.

💡 Summary Table

PartyPossible Offence / MisconductLegal BasisPenalty / Consequence
Citizen JournalistTrespass to PropertyTrespass to Property ActUp to $10,000 fine
OPP OfficerNeglect of DutyPolice Services ActDisciplinary measures (demotion, suspension)
OPP OfficerObstruction of JusticeCriminal Code s.139Up to 10 years imprisonment
OPP OfficerBreach of TrustCriminal Code s.122Up to 5 years imprisonment
OPP OfficerAiding & Abetting TrespassCriminal Code s.21 + TPAUp to $10,000 fine
OPP OrganizationCivil NegligenceTort / Statutory DutyMonetary damages