Final Status Report

CPC/RCMP Independent Observer to Monitor Impartiality of Investigation into the Shooting of a Male in Surrey, B.C.

Ottawa, November 12, 2009 – On July 14, 2009, the Surrey RCMP community response team attempted to contain a stolen vehicle and arrest the driver. The suspect was shot by police as he tried to flee by ramming a police car with his vehicle.

The suspect, identified as Kenneth Keith Baines, age 46, of Surrey, died the next day in hospital as a result of his injuries.

The Integrated Homicide Investigation Team (IHIT) is investigating.

Based on information received, the CPC Chair, on July 15, 2009, requested that the CPC Observer be engaged to:

• Make an initial assessment as to the impartiality of the RCMP Major Crime Section team assigned to investigate this incident; and
• Monitor progress so as to ensure that any future issues as they relate to the impartiality of the investigation are identified and addressed.

The CPC Observer has completed an assessment as to the impartiality of the investigative team and concludes that there are currently no identified issues as they relate to questions of impartiality. Accordingly, the engagement of the CPC Observer with respect to this matter is now concluded.

The Role of the Observer

The civilian Independent Observer assesses the impartiality of the RCMP team conducting the investigation. Factors that may be used to assess impartiality include the relative rank of the investigator or whether the member of the investigative team has ever:

• worked with or been stationed at the same detachment with any RCMP member who is the subject of the investigation;
• had a social relationship or social interaction with any RCMP member who is the subject of the investigation;
• attended training at Depot (troopmate) during the same period with any RCMP member who is the subject of the investigation; or
• been stationed or has worked at the detachment in which the investigation is taking place.

Additionally, the Independent Observer identifies any other factor that could affect the perception of impartiality as it relates to the investigative member participating in the investigation, such as comments made by the members of the investigative team to one another, to the Independent Observer or to any other person.

The IOP is aimed at enhancing public confidence in RCMP-led investigations into its own members with respect to the impartiality of the RCMP team conducting the investigation.

More information on the Independent Observer Program along with the IOP protocol can be found on the CPC website at http://www.cpc-cpp.gc.ca.

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For more information, please contact:
Nelson Kalil
Manager, Communications
613-952-2452
nelson.kalil@cpc-cpp.gc.ca