Death-in-Custody Investigation Procedure Requires Reform

The BCCLA Death-in-Custody Forum held on September 24, brought together relatives of those who have died in custody, allowing them to share their experiences of the shortcomings of the investigation procedures undertaken in these tragic circumstances.

The forum also allowed lawyers who have represented parties involved in these situations to share their thoughts on the reform that is required. Attendees also heard from the former head of the Special Investigations Unit of Ontario, André Marin, who unfavourably compared the system in B.C. with that of other jurisdictions where investigations of deaths-in-custody are undertaken by an independent agency.

Murray Mollard, BCCLA executive director, said independent civilian investigation would increase accountability and public confidence in the police and remove the perception of bias. Robert Holmes, vice-president of the BCCLA noted that there were 11 deaths in police custody or pursuit in 2004. In 2005 there were 13 deaths and in August 2007 there were 4 deaths. "We believe that in order to inspire public confidence, there needs to be as much civilian review as possible," he said. "The system of police accountability needs to be changed."

The BCCLA has initiated a formal complaint in each case. In spite of the inadequacies of the current system that were clearly described in the forum, these deaths will not be reviewed by an independent body. When asked to respond, Solicitor-General John Les was quoted by the Vancouver Sun, "When it comes to the major investigations, I think they're being handled as well as they can be."

We encourage you to email or write Minister of Public Safety and Solicitor General John Les and federal Public Safety Minister Stockwell Day to urge them to reform the law to create civilian agencies for investigating in-custody deaths and serious injuries. and share your views regarding the current system for investigating deaths-in-custody.

John Les, B.C. Minister for Public Safety and Solicitor General, is responsible for municipal police forces in the province like the Vancouver Police Department. Stockwell Day, federal Minister for Public Safety, is responsible for the RCMP which provides policing in many urban and rural communities in B.C.

Statistics regarding police involved deaths in British Columbia from 1992 - October 2007.