April 7, 2020

Via Email: [email protected] [email protected]

His Worship Mayor Kennedy Stewart Chair, Police Board City Hall 3rd Floor, 453 W 12th Avenue Vancouver, BC V5Y 1V4

Dear Mayor Stewart:

Re: Service or Policy Complaint – Vancouver Police Department OPCC File No. 2019-16623

On May 19, 2019, the Office of the Police Complaint Commissioner (OPCC) received the attached complaint from the Pivot Legal Society (“Pivot”). The complaint outlined aspects of a Service or Policy complaint and was therefore forwarded to the Vancouver Police Board (the Board) on July 24, 2019.

By way of letter dated July 29, 2019, the OPCC and Pivot were advised that the Vancouver Police Board would formally consider this complaint at their Service and Policy Complaint Committee meeting on October 17, 2019. This letter did not specify what, if any, decision the Board had made pursuant to section 171(1) of the Police Act. Section 171(1) of the Act states that upon receiving a copy of the complaint, the Board, having authority over the municipal police department to which the complaint relates, must promptly do one or more of the following:

(a) Request that the chief constable of that municipal police department investigate and report on the complaint; (b) Initiate a study concerning the complaint; (c) Initiate an investigation into the complaint; (d) Dismiss the complaint with reasons; and/or (e) Take any other course of action the board considers necessary to respond adequately to the complaint.

In a letter dated August 28, 2019, and authored by Stephanie Johanssen, Executive Director of the Vancouver Police Board, the relevant parties were advised that the complaint was “still under investigation” and would not be completed in time for the meeting scheduled for October 17, 2019. This letter did not provide information as to when the Board made the decision to conduct or initiate an investigation into this complaint nor did it indicate that the

5th Floor, 947 Fort Street, PO Box 9895, Stn Prov Govt, Victoria, BC V8W 9T8 P: 250.356.7458 | 1.877.999.8707 | www.opcc.bc.ca OPCC ID 1801-20171108 OPCC 2019-16623 April 7, 2020

Board had notified the relevant parties regarding the course of action being taken within the requirements of the Police Act.

We understand that at the January 23, 2020, board meeting, the Service and Policy Complaint Review Committee considered the complaint. In a letter dated January 30, 2020, authored by Ms. Johanssen, the parties were notified that the complaint was “thoroughly investigated” and that no changes to Service or Policy were required at this time; as a result, the Board concluded the complaint.

We have not yet received correspondence from the Board specifically advising of the Board’s determination to request the Chief Constable investigate and report on the complaint or to initiate an investigation into the complaint, if that is in fact what the Board chose to do. There appears to be a lack of clarity with respect to the handing of this matter.

I am sure you will agree that the matters raised by Pivot in their complaint are of significant concern considering they relate to vulnerable and marginalized residents of the Downtown Eastside (DTES). As you may be aware, these concerns regarding the Department’s selection and training procedures for officers who are assigned to work in the Downtown Eastside have been previously canvassed during a Public Hearing. This particular Public Hearing concerned a matter involving Constable Taylor Robinson of the VPD who had an interaction with a female who suffered from cerebral palsy and multiple sclerosis. The matter was heard by retired BC Court of Appeal Judge, Mr. Wally Oppal, Q.C., and questions regarding the selection of officers for duty in the DTES were considered during the course of that proceeding.

I have included a letter from Pivot seeking a review of the Board’s decision. Despite the procedural errors in the processing of the Service and Policy Complaint noted above, the cumulative effect is that the communication with Pivot from members of the VPD staff may leave the impression that the matter is being taken outside the purview and oversight of this office. We anticipate this is not an intended effect of the Vancouver Police Board.

Given that the Board does not appear to have made any determination pursuant to section 171(1), we recommend that the Board initiate an investigation into this complaint. We further recommend this investigation be assigned to be directly overseen by a senior executive sworn member of the VPD.

Finally, you will be aware these matters are reported publicly by our office. To ensure clarity of communication regarding decisions attributable to the Board, we encourage the Vancouver Police Board to adopt the process employed by all other municipal police agencies in BC in that correspondence to this office relevant to statutory decisions be signed by the Chair or other duly appointed member of the Board.

Office of the Police Complaint Commissioner

British Columbia, 2

OPCC 2019-16623 April 7, 2020

Take Notice: That on March 18, 2020, the Provincial Government of declared a state of emergency under the Emergency Program Act in a province-wide response to the COVID-19 pandemic. It followed the declaration of a public health emergency by the Chief Provincial Health Officer on March 17, 2020, under the Public Health Act. This Service or Policy complaint will be processed pursuant to Division 5 of the Police Act but may be subject to lawfully authorized delays during the provincial state of emergency, any extensions to that declaration, or under any superseding and applicable declarations or orders by the Government of Canada.

Sincerely,

Andrea Spindler Deputy Police Complaint Commissioner

Enclosure cc: Pivot Legal Society

Office of the Police Complaint Commissioner

British Columbia, Canada 3