Report recommends creating independent police watchdog to investigate serious incidents

An independent consultant hired to review the operations of the New Brunswick Police Commission recommends the creation of a civilian agency to investigate deaths, injuries or other serious incidents arising from the actions of police.

An independent consultant hired to review the operations of the New Brunswick Police Commission recommends the creation of a civilian agency to investigate deaths, injuries or other serious incidents arising from the actions of police.

A civilian watchdog, something six other provinces already have, was one of 22 recommendations in Alphonse MacNeil's report, which was released Thursday,

MacNeil also recommended the government revive discussions to amend the Police Act.

The government will bring “stakeholders” together in the next month or two to discuss the report, including the feasibility of setting up a serious incident response team in New Brunswick, Public Safety Minister Carl Urquhart told reporters.

“As you know, I don't do things very snap,” he said. “I want to review it, I want to investigate it.”

MacNeil was hired after the police commission, an independent civilian oversight body, came under fire last December for the way it handled a professional conduct complaint against a Saint John deputy police chief in connection with Dennis Oland's first murder trial in 2015.

Glenn McCloskey, who has retired from the force, and the New Brunswick Police Association questioned the fairness and impartiality of the commission in handling complaints against police officers.

They called for the removal of then-executive director Steve Roberge, calling him “anti-police officer.”

By January, Roberge was replaced and the commission's acting chair requested an independent review of the concerns raised by the association to “maintain public confidence” in the oversight body.

The province hired retired RCMP assistant commissioner MacNeil last May.

“There was no doubt that circumstances noted in this review led to the requirement for a reset in the way the NBPC conducted business,” MacNeil wrote in his 80-page report.

Must be seen as fair, trusted

“It is critically important that the NBPC be recognized as a fair, independent civilian oversight body that can be trusted by the public and the police to provide services that are dependable and consistent and to act with honesty and professionalism in making balanced and unbiased decisions,” he said.

Although a review of New Brunswick's lack of a serious incident response team was not part of the terms of reference for MacNeil's review, he said it's a “critical component of civilian police oversight' and didn't believe the commission could be adequately discussed without considering the role of such an agency and how it would co-exist with the commission.

Right now, the commission handles public complaints into the conduct of police officers and the policies or services of municipal and regional police forces.

But when serious incidents that require an investigation occur, New Brunswick seeks the assistance of the RCMP, or another police force within New Brunswick or in another province. On occasion, a police force, through the minister of public safety, will call on Nova Scotia's Serious Incident Response Team, or SIRT.

Chiefs support SIRT

Six provinces have dedicated full-time teams to handle serious incident investigations: Nova Scotia, Quebec, Ontario, Manitoba, Alberta and British Columbia.

MacNeil said the New Brunswick police chiefs he consulted in doing his report believe the province requires “a SIRT-type unit” to manage serious incidents.

Nova Scotia's team has done its best to respond when called upon by New Brunswick and will continue to do so, when possible, but there are challenges, such as travel distances, said MacNeil.

Scenes must be secured and maintained for agency investigators, he said, and if they're delayed getting to a scene, it can negatively impact the investigation or unreasonably inconvenience the public.

Suggests 2 people enough

In addition, Nova Scotia SIRT investigators have legislated authorities in their home province that don't apply when they work in New Brunswick, and they may not have the necessary bilingual skills.

MacNeil suggested the government consider establishing a two-person team in New Brunswick that could work under the direction of the SIRT director in Nova Scotia.

Urquhart, the minister, said he intends to consult with the police association, the New Brunswick Association of Chiefs of Police, municipalities and the public.

He could not say whether creating a New Brunswick serious incident investigation team would save the province money or cost more. He said many investigations done by other departments are currently done in-kind.

On Wednesday, the Independent Investigation Unit (IIU) of Manitoba, a civilian oversight body, announced it has been asked to investigate after a 27-year-old man was shot by Codiac Regional RCMP in Moncton last week.

The shooting occurred during the early morning hours of Dec. 7, when the man, a suspect in two robberies and a theft, allegedly resisted arrest on Mountain Road.

No policies, procedures

MacNeil's review revealed that the New Brunswick Police Commission did not have any policies or standard operating procedures in place. It was relying on the Police Act to guide its actions.

This increased the potential for inconsistency in dealing with matters, which could lead stakeholders to question the actions of the commission, he found.

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MacNeil recommended the commission develop policy and procedure documents for all aspects of its operations, providing a “roadmap” for day to day operations.

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