Police Investigating Police – Final Public Report
Appendix 2: Salient CPC cases with significant implications
It is important to learn from past experience by looking at some of the seminal CPC reviews undertaken in order to consider the key recommendations made in these specific cases that could help inform how the RCMP should investigate members involved in serious injury or death more generally.
1. Kingsclear Youth Training Centre Final Report
In October 2007, the CPC released the Final Report of the public interest investigation into complaints received with regard to RCMP investigations of alleged sexual abuse at the Kingsclear Youth Training Centre in New Brunswick.
The investigation examined allegations of an improper RCMP investigation of alleged criminal conduct by Staff Sergeant Clifford McCann, Kingsclear staff and residents, as well as allegations that RCMP officers engaged in activities designed to cover up the alleged criminal conduct. The final report found that the RCMP's criminal investigations were inadequate to such an extent that they created a perception of a cover-up.
Among the many recommendations, the CPC advised that:
- "any sensitive or large-scale investigation into allegations which impact on the community's trust in the RCMP should be tasked to another police service or, at the very least, to a team of RCMP officers from another region or province who would have the appropriate experience and who would be unfamiliar with the member under investigation. This would assist in limiting the perception of bias and ensure that public trust in the RCMP is maintained."
- In reply to the abovementioned recommendation, the RCMP Commissioner agreed, stating: "appropriate policies and practices need to be in place to provide for independent investigations" and that a development of policies addressing the matter of such investigations is "under way."1 A new External Investigations or Review Policy (outlined in greater detail in the next chapter) was developed and is anticipated to be published shortly.
2. Chair-Initiated Complaint into the Shooting Death of Ian Bush
In October 2005, Ian Bush, a 22-year-old mill worker, was shot to death by an RCMP Constable in Houston, British Columbia. In September 2006, a CPC review was launched into the circumstances surrounding Ian Bush's death as well as the integrity of the subsequent criminal investigation.
In the Final Report issued on November 28, 2007, the following findings, among others, were presented:
- The RCMP Major Crime Unit members who investigated Mr. Bush's death did so in a manner free from any conflict of interest, bias or partiality.
- The North District Major Crime Unit conducted a highly professional investigation into Mr. Bush's death and exemplified a best practice for major crime investigations.
- The CPC cleared the RCMP officer involved of any wrongdoing.
Key recommendations included:
- The RCMP develop policy that provides direction to on-scene RCMP members in major cases involving investigation of police conduct, i.e. situations where the police investigate the police, including the need to ensure real and perceived impartiality.
The CPC's findings were met with disappointment on the part of the Bush family, who decided to proceed with a civil lawsuit against the RCMP, the B.C. Solicitor General and the B.C. Attorney General.
There are two other salient cases that are subject to a CPC review but currently remain underway with a Final Report and recommendations pending. Below is a summary of the two cases, for information purposes.
3. Chair-Initiated Complaint into the Shooting Death of Kevin St. Arnaud
On December 19, 2004, Kevin St. Arnaud, a robbery suspect, was fatally shot by Constable Ryan Shermetta, a member of the Vanderhoof RCMP Detachment in British Columbia. The shooting was investigated by the "E" Division North District Major Crime Unit based in Prince George.
In January 2005, the British Columbia Civil Liberties Association filed a public complaint against the RCMP alleging that Mr. St. Arnaud was shot without justification. Because there were three investigative processes relating to the case already in place, the RCMP Commissioner decided against a public complaint investigation.
In February 2006, the regional Crown counsel stated that no criminal charges would be laid against the involved RCMP officer. As a result, in March 2006, the CPC initiated a complaint into the events surrounding the death of Kevin St. Arnaud. In January 2007, the coroner's inquest brought the adequacy of the original criminal investigation into question and the CPC added to the complaint the allegation of inadequate investigation conducted by the RCMP.
The investigation conducted by the RCMP public complaints investigator and the CPC file analyst revealed facts that led to the suspension of the RCMP officer involved in the incident, as well as a referral of the investigation to Crown counsel for possible perjury charges.
4. Chair-Initiated Complaint into the In-Custody Death of Robert Dziekanski
On October 14, 2007, in an attempt to subdue a man at the Vancouver International Airport, four RCMP officers deployed a conducted energy weapon. The man, a Polish immigrant who did not speak either of Canada's official languages, died at the scene. The event was videotaped by a bystander and broadcast around the world, causing public outrage about the use of conducted energy weapons and the RCMP officers' handling of the incident.
In November 2007 the CPC launched a complaint into the conduct of the RCMP members present at the Vancouver International Airport on October 14, 2007, and the adequacy of the subsequent criminal investigation. In May 2008, an inquiry was launched headed by retired Court of Appeal Judge Thomas Braidwood. In a December 12, 2008 announcement, B.C. Crown prosecutors declared that none of the RCMP officers involved would be criminally charged for their actions.
The CPC review and the Braidwood inquiry both remain ongoing. The CPC report is anticipated to be released in the near future.
1 In his reply letter dated September 13, 2007, the Commissioner acknowledged the receipt of the CPC report and provided comments in response.