
BCCLA hosts Dr. Michael
Geist for evening lecture
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Police Chiefs and BCCLA agree that police accountability system broken, call on Solicitor General for action
In a surprising about face yesterday, B.C.’s municipal police chiefs along with representatives from the RCMP joined in a press conference to declare that the current system for investigating criminal allegations against police officers, and in custody deaths, is broken and needs provincial intervention to restore public confidence in the police.
“We are pleased to see that the police chiefs now agree with us that something must be done to reform our police accountability system and take it out of the hands of police,” says Jason Gratl, Vice-President of the BCCLA. “Now we need to decide how to reform the system. Do we move to police investigating themselves with civilians watching from the sidelines, or do we introduce a civilian investigator model like Ontario and Manitoba?”
Under the current system, in custody deaths and criminal investigations of police officers are conducted by police, under the supervision of police, often, but not always, from the same force. The Chief’s proposal would maintain that system of police investigating themselves, but would introduce a new civilian body that would oversee the investigations.
“The system of police investigating themselves, both with and without civilian oversight, has been discredited in B.C. in many different audits and investigations,” said Gratl. “We need a system that is completely independent from police. We hope the Solicitor General, when examining the chiefs’ proposal, also takes note of the very clear, unambiguous recommendations of the Frank Paul Inquiry that we end the system of police investigating themselves.”
Backgrounder: Police accountability
When a police-involved death or serious injury occurs, two types of investigations typically result: A criminal investigation, to determine whether the officer’s action or inaction constitutes a criminal offence; and, a professional standards investigation to determine whether a police officer’s action or inaction constituted a breach of professional duty. The Chiefs’ proposal focuses on the criminal investigation side.
Current system |
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Criminal investigations of police (all forces) |
Prof. Standards Investigation (Municipal forces) |
Prof. Standards Investigation (RCMP) |
Oversight |
Police, reporting to police |
Office of the Police Complaint Commissioner (OPCC) (civilian) |
Commission for Public Complaints against the RCMP (CPC) (civilian) |
Investigators |
Police – Either same or outside force |
Police – same force |
RCMP |
Decision on charges or discipline |
Police – Either same or outside force |
Police – same force |
RCMP |
Critiques |
Frank Paul Inquiry (2008) “wholesale restructuring” required, where civilians investigate |
Josiah Wood, Q.C. audit (2007), “lack of complete acceptance by the police of the concept of . . . civilian oversight.” |
Paul Kennedy, CPC (2009), found serious flaws in 68% of 28 RCMP investigations audited. |
Proposed system - B.C. Chiefs of Police |
|
Criminal investigations of police (all forces) |
Prof. Standards Investigation (Municipal forces) |
Prof. Standards Investigation (RCMP) |
Oversight |
New civilian agency |
OPCC (civilian) |
CPC (civilian) |
Investigators |
Police – Outside force |
Police – Outside force for police involved deaths |
Police – Outside force for deaths where available |
Decision on charges or discipline |
Unclear |
Police – same force |
RCMP |
Proposed system – Frank Paul Inquiry |
|
Criminal investigations of police (all forces) |
Prof. Standards Investigation (Municipal forces) |
Prof. Standards Investigation (RCMP) |
Oversight |
Civilian agency, reporting to government |
OPCC (civilian) |
OPCC (civilian) |
Investigators |
Civilian |
Civilian (for serious complaints) |
Civilian (for serious complaints) |
Decision on charges or discipline |
Civilian agency |
Police with civilian review |
Police with civilian review |
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