Police Investigating Police – Final Public Report
6. Stakeholder Perspectives – What do others think is the right model?
How police are investigated is not just a "police" issue. Nor is it just a legislative or political one. How police investigate themselves is a fundamentally human issue. No member of the public who has experienced the death of a loved one as a result of police action would ever want another to experience the same pain. No RCMP member would ever want another member to have to take a life which they are deeply committed to protecting. And no police officer would ever want to investigate a colleague who has violated the laws (and honour code) which they are dedicated to uphold.
Thus, the perspectives of all those impacted by the issue are critical in order to help inform the most appropriate way forward. To this end, the CPC sought to discover the key recommendations on the issue of police investigating police from a wide cross-section of stakeholders by (a) seeking public submissions from all interested parties, (b) conducting interviews with domestic and international bodies, and (c) undertaking a review of a number of federal, and provincial reports (including a review of all provincial coroner and ombudsman reports between 2001 and present).
All recommendations impacting the issue of the police investigating police were captured, reviewed and considered in the development of the recommended model for the RCMP. Below is a summary of the key recommendations raised from the cross-section of key stakeholders, identified by model.
Model 1: Dependent Model
Police depend on police to undertake investigations-with discretionary use of external police
Key stakeholders that recommend this model as the way to go
The CPC identified a number of recommendations that advocate a dependent model for police investigations of their own members. Of these recommendations, four by coroner's juries, and by a judge, specifically advocated that investigations of "serious injury, assault or death"67 involving the police be conducted by "an external police agency."68
A medical examiner suggested that it is not improper for police services to investigate their own members in cases of serious injury or death, since they become public inquiries "where concerned parties can raise questions."69 A police force supported the idea of a dependent police investigations model, but made an important distinction. Although the police service supported an "integrated police response" to critical police-related incidents, "with investigators from multiple jurisdictions including the subject police service," they were careful to specify that "[t]he lead investigator, however, should not be from the subject police service."70 Another recommendation echoed a similar sentiment, calling for an integrated regional team to be assembled to investigate "statutory complaints where the circumstances of a complaint necessitate a more thorough investigation than usual."71
Three recommendations focused on the specifics of these police-involved incidents, and not the models themselves. The first of these called for a review of police-involved incidents by the police force involved in order to determine "whether re-training of the officer is required before the officer resumes active police duties."72 The next recommended that formal debriefing sessions be held "with all involved police officers following the completion of any [...] investigation after an incident involving a fatality while in custody."73 The final recommendation requested that interviews of involved officers be conducted within a specific time frame after a lethal force situation.74
Model 2: Interdependent Model
Police and civilians work together to varying degrees throughout criminal investigation
Key stakeholders that recommend this model as the way to go
The CPC has identified a total of seven recommendations that advocate the adoption of an interdependent model to conduct the investigation of police-involved serious incidents. Many gave salient explanations for their choice to support an interdependent model. The head of a police commission stated that "for any oversight agency to be effective, it requires a range of capacities and people with a range of skills. It's helpful to have both perspectives-you need a combination of individuals with practical police knowledge to bring both perspectives so that you can make balanced decisions."75 Another recommendation stated that "it's really important to strike a balance between investigative expertise and independence. A truly integrative unit reporting to a civilian ensures independence."76
An international recommendation supported the hybrid approach to these investigations because it "creates a system in which the police are very much part of the solution to whatever problems they may have."77 Another international recommendation addressed the uniqueness of the Canadian policing environment by stating that "a 'totally civilian' body may be impractical. It takes a great degree of sophistication and time to properly train investigators. That is why introducing seconded police officers may be preferable."78 Yet another international agency recommended that an interdependent model "to best support the public interest, serious complaints of police misconduct should be carried out by independent investigators, or by police investigators working under the oversight of an independent authority."79
Finally, a recommendation contained in the CPC's Kingsclear Investigation Report advocated that "appropriate response and accountability mechanisms be put in place at the senior officer level to enable senior officers to monitor continuously the progress of any sensitive or large-scale investigation and assure the public of transparency, effectiveness and impartiality."80 Justice Dennis O'Connor, in his report following the Public Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, recommended that the CPC be expanded to include more powers and the ability to "conduct joint reviews or investigations with SIRC and the CSE Commissioner into integrated national security operations involving the RCMP."81 Another recommendation from the same report also stated that the reformed organization should have the ability to "refer a complaint to the RCMP or to investigate the complaint itself, if deemed appropriate."82
Model 3: Independent Model
Civilian criminal investigation of police (police removed from process)
Key stakeholders that recommend this model as the way to go
The commission identified a total of 11 recommendations that advocated an independent model to conduct investigations of member-involved serious incidents. While some of these recommendations centered on the need to create bodies independent of the police to investigate critical police-involved incidents,83 others simply reiterated the need for all such investigations to be undertaken by independent bodies in those provinces where such an organization currently exists.84 Where such organizations do exist, recommendations were made to enhance cooperation and communication between the body and the police forces they investigate,85 and instructions given to ensure that interviews are conducted in a culturally sensitive manner.86 A recommendation was also made by a coroner's jury specific to police-involved fatal motor vehicle incidents, which suggested that "collision reconstructionists contracted by the Chief Coroner" investigate such incidents.87
Two non-governmental organizations (NGOs) emphasized that the RCMP should no longer conduct investigations in cases of serious injury or death that resulted from the actions of their own members. One NGO proposed dissolution of the current CPC and establishment of a brand new civilian oversight body which would, among others, have the authority to investigate cases of police-involved death or serious injury, or a "matter of great public concern."88 The second NGO advocated the creation of a new agency independent of the RCMP, which would investigate officers whose on-duty conduct resulted in serious injury or death.89 It was recommended that this new oversight body should be comprised of men and women who are not currently members of any police force.90 A further recommendation states that any former RCMP members employed by this body should be prohibited from investigating their former departments or colleagues,91 a concern which was echoed in the Ontario Ombudsman's investigation into the Special Investigations Unit.92 The Ombudsman also made numerous recommendations concerning the need to ensure that the recruitment of civilian investigators is increased through an open process.93
67 B.C. Coroner's Service, "Death of 46-year-old male – Case 1 of 3 Police Shootings," in 2004 Annual Report.
68 Judge Josiah Wood, Report on the Review of the Police Complaint Process in British Columbia, February 2007.
69 Chief Medical Examiner of Manitoba, Public Submission.
70 RCMP's National Executive Staff Relations Representative Program, Public Submission.
71 Member of public, Public Submission.
72 Ontario Coroner, Inquest into the death of O'Brien Christopher-Reid, 2007.
73 Ontario Coroner, Inquest into the death of Robert Walker, 2008.
74 B.C. Coroner, Inquest into the death of Daniel Antony King, 2008.
75 Interview with Chair of the Ontario Civilian Commission on Police Services (OCCPS), November 24, 2008.
76 Interview with ASIRT Director, October 27, 2008.
77 Interview with Chair of South Australia Police Complaints Authority, October 29, 2008.
78 Interview with Police Ombudsman for Northern Ireland, October 30, 2008.
79 New Zealand Commissioner of Police, Public Submission, March 31, 2008.
80 CPC, Kingsclear Investigation Report, 2007.
81 Justice Dennis O'Connor Report, A New Review Mechanism for the RCMP's National Security Activities (2006), Recommendation 3c.
82 Ibid., Recommendations 2, 3c, and 5a.
83 Taman Inquiry into the Investigation and Persecution of Derek Harvey-Zenk, October 2008; and B.C. Coroner Service "Death of 46-year-old male – Case 1 of 3 Police Shootings" in 2004 Annual Report.
84 Ontario Coroner, Inquest into the death of Sean Trudeau, 2007.
85 Ontario Coroner, Inquest into the death of Mark Norman Graham, 2002; Ontario Coroner, Inquest into the death of Michael Kolisnyk, 2006.
86 Ontario Coroner, Inquest into the death of Maurice Linklater, 2003.
87 B.C. Coroner Service, "Death of a 29-year-old male – Case 1 of 1 Police Pursuit" in 2005 Annual Report.
88 British Columbia Civil Liberties Association, Public Submission, April 14, 2008.
89 Canadian Civil Liberties Association, Public Submission, March 31, 2008.
90 Ibid., Recommendation 6.
91 Ibid., Recommendation 7.
92 Ontario Ombudsman, Oversight Unseen: Investigation into the Special Investigations Unit's Operational Effectiveness and Credibility (September 2008), Recommendations 9 and 10.
93 Ibid., Recommendations 11, 12 and 28.