BCCLA hosts Dr. Michael Geist for evening lecture



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

 

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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