INTERNAL CORRESPONDENCE

TO: S/Insp. Ken Cenzura
 
FROM: D/Cst Brian Thomson
Officer In Charge
Sexual Assault Squad
 
DATE:  99-03-31
 
RE:  Video Cassette Tape of a Circumcision Procedure

On Thursday, 11 March 1999 you provided me with a video cassette tape and asked that I view its contents and make a determination if any sexual assault was being committed. A letter was attached to this cassette tape authored by a Mr. Lawrence Barichello. The letter was originally sent to Pam Ciccarelli of the Office of the Children’s Lawyer who in turn forwarded it to Mr. Howard Leibovich of the Criminal Law Division at 720 Bay Street.

They in turn forwarded the cassette to Jerome Wiley here at headquarters and ultimately to myself. I viewed the contents of this tape and in my determination there was no sexual assault being committed.

I then contacted the College of Physicians and Surgeons who advised me to contact the Toronto General Hospital, as they are a “teaching” hospital. I was eventually able to make arrangements with Doctor Tony Barrozino to view the cassette tape to determine if what was being shown was a proper procedure for a circumcision.

On Wednesday, 31 March 1999 Doctor Barrozino attended headquarters and viewed the tape in my presence. As the procedure took place I was advised that there were actually two different procedures. The one in this tape was the better of the two as it was more commonly used and is in fact a safer and more sterile procedure.

In his opinion all proper procedures were being followed. He further explained that the circumcision procedure is presently a hot issue with certain members of the public. He equated it with how some people feel against abortions and others are against this particular procedure.

Dear Mr. Barichello:

I wish to acknowledge that your letter dated September 1, 1999 was received by this Service.

I have classified your complaint as being about the conduct of members of this Police Service. The intent of Part V of the Police Services Act regarding concerns about the conduct of a police officer, is to address matters, where if misconduct is found would enable management to take corrective action.

Having regard to the foregoing and after careful review and consideration of your correspondence, it appears that your complaint does not meet this standard and therefore, will not be dealt with further.

It is the opinion of the Toronto Police Service that a male circumcision, conducted with valid consent and in accordance with accepted practices, is not a criminal offence. This opinion has been reached after a review of the material you have submitted, and after consultation with a Crown Attorney and a medical doctor.

It is apparent that you are seeking a ban on male circumcision, and that is not a police matter. I would suggest that you contact either your Member of Parliament or the Minister of Justice with your concerns.

If you wish, you may request a review of my classification by the Ontario Civilian Commission on Police Services within 30 days of your receipt of this letter. Your request for a review, however, must be made in writing and signed. The office of the Ontario Civilian Commission on Police Services is an agency of the Province of Ontario and is not associated with the Toronto Police Service. This agency is located at [address, phone, fax].

Yours truly,
 
[signed]
 
D. McLeod
Acting Inspector
Complaints Review

c.c. Detective Constable B. Thomson, Sexual Assault Squad

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