The car they took was hers.
The arrest was the citizen's. The cell was the citizen's. The bail order was the citizen's. The car the regional police service of record sent the tow truck to remove from the curb belonged to neither the citizen nor the citizen's lawyer nor the citizen's defence file. It belonged to a senior in her seventies who had not been charged with anything, had not been suspected of anything, had not been spoken to by the police on the night in question, and who had no operational reason on this earth to have been deprived, by morning, of the vehicle she uses to drive a ninety-six-year-old to her medical appointments. The country, when it allowed the regional police service of record to send the tow truck, allowed the senior to be the secondary victim of a policing decision she was not part of.
Guelph, Ont.On the morning after an arrest at a residential property in this region of Ontario, in a household this magazine has, on the preferred phrasing of its own legal counsel, described in earlier coverage at the level of the institution rather than the individual, a senior citizen in her seventies woke to find that the vehicle she had parked at the curb in front of her residence the previous afternoon was no longer there. The vehicle, by the registration on file at the provincial Ministry of Transportation, was registered to her. The vehicle was not registered to anyone who had been the subject of police action at the property the previous night. The vehicle, in the long, careful documentary record this magazine has been keeping on the matter, had played no operational role in any of the alleged conduct that led to the arrest. The vehicle, when the senior began the morning's phone calls to discover what had happened to it, was at an impound lot operated by a contractor under municipal-and-provincial certification. The contractor's storage fee meter had begun running at the moment of arrival the previous night. By the time the senior was on the phone, the fee was past two hundred and seventy dollars.
The senior is in her seventies. She has been driving the same model of small Japanese sedan, in this region, for the better part of fifteen years. She uses the vehicle for a defined set of purposes the country considers ordinary: weekly grocery runs, monthly medical appointments at a hospital in the next town over, and the daily transport of the ninety-six-year-old whose principal caretaker she is. The ninety-six-year-old lives in the same household. The ninety-six-year-old has, on the average month, four scheduled medical appointments at four different practitioners in four different parts of this region. The transport between these appointments is, by every operational measure that matters to the household, the senior's vehicle. There is no other vehicle in the household. There is no public transit option that, on any honest assessment of the distances and the time windows involved, would allow the ninety-six-year-old to keep her appointments. The vehicle is the household's mobility. The vehicle, on the morning in question, was at an impound lot.
Why the police service took it
The police service took the vehicle because the police service, on the operational practice this magazine has watched it follow across multiple files in this region, takes the vehicle. The vehicle, when an arrest is made on a property, is treated by the service as part of the scene. The service does not, in any operational practice the citizen-side files now in the magazine's possession suggest, distinguish between vehicles registered to the subject of the arrest and vehicles registered to other members of the household. The service does not, in any operational practice the files suggest, perform the simple registration check that would, in under sixty seconds, establish that the vehicle on the curb belongs to a senior who has not been charged, suspected, or interviewed. The service simply, in the modal practice, has the vehicle towed.
The tow, once dispatched, is handled by a private contractor whose own incentive structure does not include returning the vehicle to its owner. The contractor's incentive is to collect the storage fee for as many days as the fee continues to be collectable. The owner of the vehicle is, on most files, not informed of the tow at the moment it occurs. The owner of the vehicle is, in many files this magazine has on its desk, not informed at all; the owner discovers the vehicle is missing the next morning, calls the local non-emergency line, is routed to a dispatcher who locates the file, and is told the vehicle is at an impound lot whose address is not, until the call concludes, communicated.
The owner, in the matter before us, made eleven calls before the impound lot was identified, drove forty minutes to the lot in a car borrowed from a neighbour, paid the storage and recovery fees out of pocket, and was returned the vehicle four days after it was taken. The ninety-six-year-old missed three of the four medical appointments scheduled in that window. The senior, who paid the fees, has not been reimbursed by any party. The fees are, on her bank statement of last week, still posted against her account. The vehicle, on her last call with her insurer this week, is still on her file as having been recovered from a police-initiated tow, which is the kind of notation insurers, in this country, factor into the renewal premium in ways the insurer does not always disclose.
What the country owes seniors it does not charge
The senior was not charged. The senior was not suspected. The senior was not interviewed. The senior was not, in any reading the file supports, a party to the matter that led to the police service's presence on the property. The senior was, however, structurally available to the service as a person whose property the service could take, hold, and return when convenient to the service rather than to her. This is not the conduct the country writes down, when the country writes down what it expects of its police services. This is the conduct the country tolerates, because the country has not, in this generation of provincial police-services oversight, been asked to look at it.
The Inspectorate of Policing, in this province, has the statutory authority to inspect the conduct of regional police services. The Office of the Independent Police Review Director receives public complaints about the same. The provincial police services board, in this region, conducts public hearings at which any citizen may, on notice, request to address the board. None of these bodies has, in any of the matters in front of this magazine, intervened on a vehicle-tow file. The bodies have not intervened because the citizens whose vehicles are towed are, in the modal case, too embarrassed, too tired, too elderly, or too overwhelmed by the larger criminal matter into which they have been incidentally drawn to mount the kind of multi-month complaint process the oversight bodies require.
The senior was not charged. She was, however, structurally available to the service as a person whose property the service could take, hold, and return when convenient to the service rather than to her.
A small list, plainly written
The province could direct every regional police service in this province, by a single page of operational policy, to do the following. Run the registration on every vehicle considered for tow. Identify the registered owner. Confirm, by reasonable inquiry, whether the registered owner is the subject of the police action that produced the consideration of tow. Where the registered owner is not the subject of the police action, contact the registered owner before the tow is dispatched. Where contact is not possible, defer the tow for forty-eight hours, in the absence of an articulable safety reason, while contact is attempted. Where the tow proceeds against a registered owner who is not the subject of the police action, notify that owner within two hours, refund the storage and recovery fees from the police service's own budget, and provide a written explanation of the operational basis for the tow.
Six steps. Half a page of policy. No legislation required. No new budget item. No restructure of any existing service. The province has, on the present operational practice, accepted that none of these six steps is taken on the modal file. The province has not been asked to ask.
The verdict
The car they took was hers. The car they held was hers. The car they returned, four days later, after eleven phone calls, a borrowed neighbour's car, two hundred and seventy dollars and rising, three missed appointments for a ninety-six-year-old who depends on her, and a notation now permanently on her insurance file, was hers. None of it should have happened. All of it did. The country, on the file before us, knows it happened.
Run the registration. Make the call. Pay the fees back. Or admit, in writing, that the country's regional police services are now permitted to take, hold, and disrupt the lives of seniors the services have not charged, and that the country considers this an acceptable cost of policing in 2026.
It is not an acceptable cost. The senior in the driveway, on this magazine's file, says so.