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Independent Investigations Office Second Session, 40th Parliament REPORT OF PROCEEDINGS (HANSARD) SPECIAL COMMITTEE TO REVIEW THE INDEPENDENT INVESTIGATIONS OFFICE Victoria Monday, May 26, 2014 Issue No. 3 MIKE MORRIS, MLA, CHAIR ISSN 2292-8111 (Print) ISSN 2292-812X (Online) SPECIAL COMMITTEE TO REVIEW THE INDEPENDENT INVESTIGATIONS OFFICE Victoria Monday, May 26, 2014 Chair: * Mike Morris (Prince George–Mackenzie BC Liberal) Deputy Chair: * Spencer Chandra Herbert (Vancouver–West End NDP) Members: Dr. Doug Bing (Maple Ridge–Pitt Meadows BC Liberal) * Kathy Corrigan (Burnaby–Deer Lake NDP) * Scott Fraser (Alberni–Pacifi c Rim NDP) * Scott Hamilton (Delta North BC Liberal) * Dr. Darryl Plecas (Abbotsford South BC Liberal) * Jackie Tegart (Fraser-Nicola BC Liberal) * denotes member present Clerk: Susan Sourial Committee Staff : Ron Wall (Committee Researcher) Witnesses: Jay Chalke (Ministry of Justice) Jamie Deitch (Ministry of Justice) Sarah Mason (Ministry of Justice) Anita Nadziejko (Ministry of Justice) CONTENTS Special Committee to Review the Independent Investigations Offi ce Monday, May 26, 2014 Page Briefi ng: Independent Investigations Offi ce .............................................................................................................................11 J. Chalke J. Deitch Committee Meeting Schedule ....................................................................................................................................................20 MINUTES SPECIAL COMMITTEE TO REVIEW THE INDEPENDENT INVESTIGATIONS OFFICE Monday, May 26, 2014 10:30 a.m. Douglas Fir Committee Room Parliament Buildings, Victoria, B.C. Present: Mike Morris, MLA (Chair); Spencer Chandra Herbert, MLA (Deputy Chair); Kathy Corrigan, MLA; Scott Fraser, MLA; Scott Hamilton, MLA; Dr. Darryl Plecas, MLA; Jackie Tegart, MLA Unavoidably Absent: Dr. Doug Bing, MLA 1. Th e Chair called the Committee to order at 10:32 a.m. 2. Th e following witnesses appeared before the Committee and answered questions: Ministry of Justice, Justice Services Branch • Jay Chalke, QC, Assistant Deputy Minister • Jamie Deitch, Executive Director, Criminal Justice and Legal Access Policy Division • Anita Nadziejko, Senior Policy Advisor, Criminal Justice and Legal Access Policy Division • Sarah Mason, Research Offi cer, Criminal Justice and Legal Access Policy Division 3. Th e Committee discussed future meeting dates. 4. Th e Committee adjourned to the call of the Chair at 11:48 a.m. Mike Morris, MLA Susan Sourial Chair Committee Clerk 11 MONDAY, MAY 26, 2014 Briefi ng: Independent Investigations Offi ce Th e committee met at 10:32 a.m. J. Chalke: My presentation is up on the screen behind [M. Morris in the chair.] you, and I believe you have a hard copy in front of you. British Columbia's independent investigations offi ce M. Morris (Chair): Well, good morning, everybody. began operations in September 2012. Th e Police Act re- We'll convene the meeting on the Special Committee quires this committee to undertake a review of the IIO. to Review the Independent Investigations Offi ce. Today I'm pleased to provide you today with a detailed over- we're pleased to have some representatives from Justice view of that offi ce. here to give us a little bit of background on it. [1035] Maybe, Jay, I could get you to introduce yourself and Specifi cally, Jamie Deitch and I will discuss the ori- your team to the committee members. gin of the independent investigations offi ce, its mandate and the two matters important to you as you carry out J. Chalke: Good morning. My name is Jay Chalke. your review: the offi ce's operations and administration I'm the assistant deputy minister of the justice services and its progress towards civilianization. I'd be pleased branch in the Ministry of Justice. Our branch has policy to answer any questions that you have at the conclusion responsibility for the independent investigations offi ce. of my presentation. It's important to note that the IIO operates independ- Th e formation of the IIO was based on recommen- ently from the ministry due to its role. dations made by two public inquiries held over the last With me this morning making this presentation, to my seven years. Th ese inquiries and their recommendations left , your right, is Jamie Deitch, the executive director of attempted to address public concerns about the police in- the criminal justice and legal access policy division. Also vestigating themselves. in attendance are Sarah Mason, research offi cer, and Anita In March 2007 Justice William Davies was appointed Nadziejko, senior policy adviser in the Ministry of Justice. to lead the commission of inquiry into the circumstances surrounding the 1998 death of Frank Paul. Mr. Paul had M. Morris (Chair): Great, thanks very much. We'll been arrested in the Downtown Eastside by Vancouver get our board to make their presentations. Scott, you can police offi cers for being intoxicated in public. He was lead off with your introduction. taken to the VPD's jail facility, but several minutes later he was taken from the lockup, placed in a police van and S. Hamilton: Okay. I'm Scott Hamilton. I'm the MLA thereaft er left in an alley in East Vancouver. Mr. Paul's for Delta North. Pleased to meet with you and learn as body was found at the same location early the follow- much as I can about the IIO. ing morning. Justice Davies's inquiry focused on the Vancouver po- D. Plecas: Darryl Plecas. I'm the MLA for Abbotsford lice department and recommended that British Columbia South and the Parliamentary Secretary to the Minister develop a civilian-based criminal investigation model for of Justice. the investigation of serious police-related incidents that occur in municipalities policed by the 11 municipal po- J. Tegart: Jackie Tegart, MLA for Fraser-Nicola. lice departments. Following the death in late 2007 of Robert Dziekanski, S. Chandra Herbert (Deputy Chair): Spencer who died shortly after a conducted energy weapon Chandra Herbert, vice-Chair of the committee and MLA was used against him by the RCMP at the Vancouver for Vancouver–West End. International Airport, government appointed the hon. Th omas Braidwood in February 2008 to head the com- K. Corrigan: Kathy Corrigan, MLA for Burnaby–Deer mission of inquiry into his death. Lake and Justice co-critic with Leonard Krog. Justice Braidwood built on the recommendation made by Justice Davies and expanded it to include prov- S. Fraser: Scott Fraser. I'm the MLA for Alberni– incewide jurisdiction — that is, municipal police de- Pacifi c Rim. Th anks for doing this and helping to start partments and the RCMP. Government accepted the us off in this process of investigation. recommendations of the 2010 Braidwood report and committed to creating a new civilian-led unit to in- M. Morris (Chair): And we have Ron Wall, our man dependently investigate all municipal police and RCMP- about the House. related deaths and serious incidents across B.C. Jay, we can start off , then. You can start with your pres- I want to now turn to the broader context regarding entation, and we can follow that with any questions that civilian oversight of policing in the province. Prior to the the committee has. independent investigations offi ce being established, there Independent 12 Investigations Office Review Monday, May 26, 2014 were two civilian agencies in British Columbia that pro- police on secondment, as in Alberta. However, investi- vided police oversight. gators can have a policing background. Th e director can One is the Police Complaint Commissioner, who is an never have been a police offi cer. independent offi cer of the provincial Legislature whose The Ontario SIU investigates the circumstances of offi ce oversees the investigation of complaints about the serious injuries and deaths that may have resulted from conduct of municipal police offi cers and departments in criminal off ences committed by police offi cers as well as British Columbia. It does not conduct criminal investi- allegations of sexual assault. Th e jurisdiction is limited gations. to on-duty conduct. Th e unit's jurisdiction extends to all Th e other is the Commission for Public Complaints police in Ontario. Against the RCMP, an independent civilian agency cre- Since the IIO was established in B.C., two more juris- ated by the federal parliament to ensure that public com- dictions have set up oversight agencies: Manitoba and plaints made about the conduct of RCMP members are Nova Scotia. Again, there are features of these agencies examined fairly and impartially. Th e commission is not that are unique. part of the RCMP, and it also does not conduct criminal Manitoba established its Independent Investigation investigations. Unit by legislation, and the civilian executive director With the passing of Bill C-42 in June 2013, a new was appointed in March 2013. Staff may be civilian or Civilian Review and Complaints Commission for the seconded police members from Manitoba or elsewhere. RCMP will, when it comes into force, be created to re- Th e unit investigates incidents of serious injury or death place the existing Commission for Public Complaints that may have resulted from an action of a police offi cer Against the RCMP. Most notably, the bill sets out the au- from any police force in the province. thority for the new CRCC to have broad access to infor- Nova Scotia's Serious Incident Response Team was mation in the control or possession of the RCMP. established in April 2012. It investigates all matters that Th e CRCC's investigative powers are also set out in the involve death, serious injury, sexual assault, domestic bill. It will have the authority to conduct joint complaint violence or other matters of signifi cant public interest investigations with other police complaints bodies and that have arisen from the actions of a police offi cer. Th e to undertake policy reviews of the RCMP. director cannot have served as a police offi cer. Staff on Within British Columbia and as a result of the 2012 Nova Scotia's team include civilian investigators and se- amendments to the Police Act, the director of police ser- conded police offi cers.
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