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Police Act Consultations Background and Issues Manitoba Will Be Making Changes to the Provincial Police Act in 2009

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Police Act Consultations Background and Issues Manitoba Will Be Making Changes to the Provincial Police Act in 2009 Police Act Consultations background and issues MANITOBA WILL BE MAKING CHANGES TO THE PROVINCIAL POLICE ACT IN 2009. THE PROVINCE INVITES MANITOBANS TO PROVIDE THEIR COmmENTS TO HELP SHAPE THE NEW LAW. CONSULTATION PAPERS HAVE BEEN PREPARED TO HELP OBTAIN THE VIEWS OF MANITOBANS ON THE MAJOR ELEMENTS OF THE NEW ACT. Table of Contents Background Information: Profile of Police Services in Manitoba ................................................................................ 2 How Incidents Involving Police are Investigated in Manitoba ............................................ 4 Manitoba’s Law Enforcement Review Agency (LERA) ......................................................... 6 Complaints Against the RCMP ........................................................................................... 9 Canadian Approaches to Investigating Police Officers ..................................................... 12 Consultation Papers: Municipal and First Nations Police Boards ....................................................................... 14 Provincial Police Commission .......................................................................................... 17 Independent Investigation Unit ....................................................................................... 19 1 Background: Profile of Police Services in Manitoba There are 17 police services in Manitoba. They are: • have a high school diploma or academic training the police chief considers to be equivalent to that Municipal Police Services required to obtain a high school diploma Altona Police Service Brandon Police Service • provide a current criminal record check from a R.M. of Cornwallis Police Service law enforcement agency that confirms no criminal Morden Police Service record Rivers Police Department • have successfully completed a training course for Springfield Police Service police officers with a recognized police service, Ste. Anne Police Department including the RCMP, the Brandon Police Service, Victoria Beach Police Service the Winnipeg Police Service, or any other service R.M. of Whitehead Police Service approved by the minister of Manitoba Justice. Winkler Police Service Winnipeg Police Service The Royal Canadian Mounted Police Aboriginal Police Service The RCMP is the provincial police service for Manitoba. Dakota Ojibway Police Service It performs specific duties as part of an agreement with the provincial government to provide policing in Federal Police Services smaller municipalities and rural areas of the province. Royal Canadian Mounted Police (RCMP) Some municipalities have also contracted the RCMP to “D” Division provide municipal police services in their communities CN Police instead of setting up their own service, such as Selkirk CP Police and Thompson. Military Police Shilo Detachment Military Police 17 Wing Winnipeg The RCMP operates under the federal Royal Canadian Mounted Police Act. Municipal Police Service Legislation The Supreme Court of Canada has ruled that provinces The City of Winnipeg cannot control or direct the RCMP. The contract In the City of Winnipeg, municipal police service is between Canada and Manitoba for RCMP service in this governed by The City of Winnipeg Charter. Under this province specifies the framework for how: statute the city is responsible for maintaining the • policing services will be provided Winnipeg Police Service. • provincial public safety priorities will be met Other municipalities • emergencies will be managed Outside of Winnipeg, municipal police services are • payments are to be made for policing services governed by The Municipal Act. Under subsection 271(1) of The Municipal Act, urban municipalities with a population of 750 or more must maintain a police Aboriginal Police Services service. They can do so by establishing their own The Dakota Ojibway Police Service (DOPS) provides police service or by contracting with the Government policing services to five First Nations in Manitoba: of Manitoba, the Government of Canada or other Roseau River, Sioux Valley, Birdtail Sioux, Sandy Bay municipalities to provide police services. and Oak Lake (Canupawakpa). DOPS is overseen by a police commission with Qualifications and training to be a police representatives from each of the First Nations they officer in Manitoba serve. DOPS was formed in 1977 and revised under The qualifications and training required to be a police the federal First Nations Policing Policy (FNPP) in 1994. officer in Manitoba, except for the RCMP, are outlined in The FNPP recognizes the unique legal status of First the regulations of The Provincial Police Act. An officer Nations, the responsibility of the federal government must: under the Constitution Act for specific First Nations • be 18 years of age or over issues and the responsibilities of the provincial government for the administration of justice. • be a Canadian citizen or a permanent resident 2 Police Act Consultations Background and Issues The FNPP creates two policing services options that can Law Enforcement Review Agency (LERA) be applied in First Nations: LERA is an independent, non-police agency created to 1) a First Nations-administered police service, such as investigate public complaints about police conduct that DOPS are not about criminal misconduct. LERA only deals with complaints about municipal or local police performance 2) a special contingent of First Nations officers within arising out of the performance of police duties. an existing police service, such as the RCMP Manitoba Association of Chiefs of Police First Nations RCMP officers provide police service in a The association encourages and develops the co- number of First Nations communities. operation of its members. It is a management association to lead the development of policing in Oversight of Police Services Manitoba and represent police leadership to the public, the minister of Manitoba Justice and the provincial Under The Provincial Police Act, the minister of justice is government. responsible for ensuring effective and efficient policing in the province. When a municipality that is responsible for Criminal Intelligence Service Manitoba (CISM) providing police services does not provide adequate and CISM is the provincial arm of the national Canadian effective police services, or does not comply with The Intelligence Service of Canada, which has been a leader Provincial Police Act or its regulations, the minister may in the development of an integrated and intelligence- intervene. The minister may take those steps needed to led approach to tackling organized crime in Canada. create an adequate and effective police service within Its fundamental purpose is to facilitate the timely the municipality. production and exchange of criminal intelligence within the Canadian law enforcement community. The Provincial Police Act allows municipal councils to establish local police commissions to oversee municipal Winnipeg Police Association police services. Where no commission is established, The Winnipeg Police Association is a professional labour the municipal council performs this function. The organization representing the police and staff members Dakota Ojbway Tribal Council has established a police of the Winnipeg Police Service. It is responsible for all commission to oversee the Dakota Ojibway Police aspects of collective bargaining and helps WPS members Service. The City of Winnipeg has established a police with day-to-day issues that arise in the workplace. advisory board to provide advice on policing issues to various committees of the City of Winnipeg. Manitoba Police Association The Manitoba Police Association represents all municipal Communities policed by the RCMP can establish police officers within the province, with the exception consultation committees with local RCMP detachments. of the Royal Canadian Mounted Police. The association Because the RCMP is governed by federal legislation, helps smaller police agencies with bargaining issues these committees are co-operative and not legally and legal representation, if requested. Members of the required. Winnipeg Police Association are also members of the provincial association. Special police units and agencies There are a number of special police agencies that operate in Manitoba in addition to the 17 police services. These agencies deal with a wide range of issues, from Further Information: investigating specific types of criminal activity to More information about policing in Manitoba can be representing the labour interests of individual police found online at: officers. Examples of these special agencies include: Manitoba Justice www.gov.mb.ca/justice/ Manitoba Integrated Organized Crime Task Force • Laws of Manitoba The Manitoba Integrated Organized Crime Task Force is web2.gov.mb.ca/laws/index.php an integrated partnership including investigators from LERA www.gov.mb.ca/justice/lera/index.html the RCMP, Winnipeg Police Service, Brandon Police Commission for Public Complaints Against the RCMP Service and other municipal police agencies, backed up www.cpc-cpp.gc.ca/ with resources from the province. RCMP www.rcmp-grc.gc.ca/ Winnipeg Police Service www.winnipeg.ca/police/ Brandon Police Service www.brandon.ca/police Manitoba Association of Chiefs of Police www.macp.mb.ca/ Police Act Consultations Background and Issues 3 Background: How Incidents Involving Police are Investigated in Manitoba Investigating police incidents and and the Manitoba Keewatinowi Okimakanak that allows police officers civilians to monitor
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