The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

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S.M. 2022, c. 10

Bill 7, 4th Session, 42nd Legislature

The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill makes a number of amendments to The Police Services Act that deal with the operation of the Independent Investigation Unit (IIU), which is responsible for investigating police officer conduct.

The following are the key changes.

The timing and circumstances when a police service is required to notify the IIU of a serious incident, investigation or complaint is clarified. The specific actions to be taken by police officers to ensure that the IIU is promptly notified are established by regulation.

Police officers and specified persons affiliated with a police service are required to comply with reasonable requests from the IIU during an investigation.

The failure to notify the IIU of a matter that may lead to an investigation or to comply with a request from the IIU during an investigation is made an offence. A person convicted of this offence is subject to a fine or imprisonment.

The IIU must prepare a public report respecting each investigation into the conduct of a police officer. The report must specify the outcome of the investigation. If charges are not laid against the officer, the report must provide a summary of the investigation and the reason charges were not laid.

Current police officers are no longer eligible to serve as an investigator with the IIU.

The position of Director of Indigenous and Community Relations is created. This person will build relationships between the IIU and First Nations, Metis, Inuit and other communities and address concerns of those communities respecting the IIU.

Community liaisons from First Nations, Metis, Inuit and other communities may be assigned to an IIU investigation when the investigation relates to police involvement with a person from their community. Community liaisons will provide information about the status of the investigation to family members and the broader community and bring any family or community concerns to the IIU.

The civilian director of the IIU may designate a Crown attorney to serve as acting civilian director when the civilian director is unavailable or otherwise not able to perform their duties.

(Assented to June 1, 2022)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P94.5 amended

1

The Police Services Act is amended by this Act.

2

Subsection 1(1) is amended

(a) by repealing the definition "civilian monitor"; and

(b) by adding the following definition:

"community liaison" means a person selected to serve as a community liaison under subsection 64.2(1). (« agent de liaison »)

3

Clause 7(d) is amended by striking out "and civilian monitors".

4

Subsection 57(2) is amended by striking out "or the Royal Canadian Mounted Police".

5

The following is added after section 59:

Acting civilian director

59.1(1)

The civilian director may, after consulting with the assistant deputy attorney general, designate a Crown attorney to act in the place of the civilian director for a period in which the civilian director is unable to perform their duties due to absence, illness or for any other reason.

Powers and duties of acting civilian director

59.1(2)

The acting civilian director has all the powers and duties of the civilian director.

6

Clauses 60(a) and (b) are amended by striking out "current or".

7

Sections 61 and 62 are repealed.

8

Clause 64(1)(d) is amended by striking out everything after "number of investigations" and substituting "to which a community liaison was assigned.".

9

The following is added after section 64:

DIVISION 1.1

COMMUNITY OUTREACH

Director of Indigenous and Community Relations

64.1(1)

A Director of Indigenous and Community Relations is to be appointed in accordance with The Civil Service Act.

Responsibilities

64.1(2)

The Director of Indigenous and Community Relations is responsible for

(a) developing relationships between the independent investigation unit and First Nations, Metis, Inuit and other communities;

(b) informing the civilian director of the concerns of First Nations, Metis, Inuit and other communities respecting police conduct and the independent investigation unit;

(c) providing or facilitating training to members of the independent investigation unit respecting First Nations, Metis, Inuit and other communities; and

(d) managing a community liaison program.

Community liaison program

64.2(1)

The Director of Indigenous and Community Relations must select persons from First Nations, Metis, Inuit and other communities who may be assigned to serve as a liaison between their community and the independent investigation unit when an investigation involves an affected person who is a member of their community.

Role of community liaison

64.2(2)

A community liaison is responsible for

(a) providing information to the affected person or the person's family and their community respecting the status of an investigation by the independent investigation unit; and

(b) informing the independent investigation unit about concerns of the affected person, their family and their community respecting the investigation.

No access to evidence or confidential information

64.2(3)

A community liaison is not a member of the independent investigation unit and is not entitled to access any evidence or confidential information obtained during an investigation.

Information re status of investigation

64.2(4)

The civilian director or an investigator may provide a community liaison with information respecting the status of an investigation and any other information that is not confidential that may be of interest to the affected person, their family or their community.

Assigning community liaison

64.3

When an investigation has been commenced by the independent investigation unit, the Director of Indigenous and Community Relations may assign a community liaison to the investigation if the Director believes that the assignment is in the public interest and may assist the investigation.

10

Subsection 65(1) is amended in the part after clause (c) by striking out everything after "the independent investigation unit" and substituting "must be immediately notified by the police service in accordance with prescribed procedures.".

11(1)

Subsections 66(1) and (2) are replaced with the following:

Notice of complaint

66(1)

When a police service receives a complaint that a police officer may have

(a) caused the death of a person;

(b) caused a serious injury to a person; or

(c) contravened a provision prescribed under clause 65(1)(c);

the independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures.

Notification when evidence of illegal conduct

66(2)

When a police service obtains evidence that a police officer may have

(a) caused the death of a person;

(b) caused a serious injury to a person; or

(c) contravened a provision prescribed under clause 65(1)(c);

the independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures.

11(2)

Subsection 66(4) is amended by striking out "of an investigation or complaint under this section" and substituting "under subsection (1) or (2)".

12

Sections 69 to 72 and the centred heading before section 69 are repealed.

13(1)

Subsection 73(1) is replaced with the following:

Notice of complaint

73(1)

The independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures when the police service receives a complaint that a police officer may have contravened

(a) any provision of the Criminal Code (Canada), other than a provision prescribed under clause 65(1)(c); or

(b) a prescribed provision of any other federal or provincial enactment, other than a provision prescribed under clause 65(1)(c).

Notification when evidence of illegal conduct

73(1.1)

The independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures when the police service obtains evidence that a police officer may have contravened

(a) any provision of the Criminal Code (Canada), other than a provision prescribed under clause 65(1)(c); or

(b) a prescribed provision of any other federal or provincial enactment, other than a provision prescribed under clause 65(1)(c).

13(2)

The following is added assubsection 73(1.2):

Notice even if officer not on duty

73(1.2)

Notice must be given under subsection (1) or (1.1) even if the police officer was not on duty at the time of the conduct in question.

13(3)

Subsection 73(3) is amended by adding "or (1.1)" after "subsection (1)".

14

Section 74 is amended

(a) by striking out "a civilian monitor or"; and

(b) by adding "or (1.1)" after "subsection 73(1)".

15

Subsection 75(1) is amended by adding "or (1.1)" after "subsection 73(1)".

16

The following is added after Division 3 of Part 7:

DIVISION 3.1

INVESTIGATION REPORTS

Investigation report

76.1(1)

After an investigation by the independent investigation unit has concluded and a decision has been made on whether charges against a police officer are to be laid, the civilian director must prepare a report on the investigation.

Report if charges laid

76.1(2)

Subject to subsection (3), if an investigation results in charges being laid against a police officer, the investigation report must contain only the following information:

(a) a narrative of the events that led to the investigation;

(b) the name of the police officer charged, unless naming the officer might reveal the identity of a person who reported being sexually assaulted;

(c) the charges laid and the date of the charges;

(d) any other prescribed information.

Omissions from report

76.1(3)

In prescribed circumstances, the civilian director must omit information specified in the regulations from an investigation report.

Report if no charges laid

76.1(4)

If an investigation does not result in charges being laid against a police officer, the investigation report must contain only the following information:

(a) a narrative of the events that led to the investigation;

(b) a summary of the investigation;

(c) the reasons for the decision not to lay charges;

(d) any other prescribed information.

The investigation report must not name any police officer.

Distribution of investigation report

76.1(5)

The civilian director must

(a) publish the investigation report on the website of the independent investigation unit; and

(b) provide a copy of the investigation report to the minister and other prescribed persons.

DIVISION 3.2

DUTIES RE INVESTIGATIONS AND PENALTIES

Regulation establishing notification obligations

76.2(1)

The minister may, by regulation, specify the actions to be taken by police officers when

(a) an incident under subsection 65(1) occurs;

(b) a complaint under subsection 66(1) or 73(1) is received by a police service;

(c) evidence described in subsection 66(2) or 73(1.1) is obtained by a police service;

in order to ensure that the independent investigation unit receives the notices required under this Part.

Officers to carry out required notification actions

76.2(2)

A police officer must carry out the actions required by regulation when one of the events set out in subsection (1) occurs.

Duty to comply with requests

76.3

The following persons must, immediately or as otherwise specified, comply with any reasonable request or direction from the civilian director or an investigator in relation to an investigation under this Part:

(a) a police officer, other than a subject officer;

(b) a police associate;

(c) a prescribed person or a member of a prescribed class of persons.

Offence and penalty

76.4

A person who contravenes section 76.2 or 76.3 is guilty of an offence and is liable on conviction

(a) for a first offence, to a fine of not more than $5,000, or to imprisonment for a term of not more than one year, or both; and

(b) for each subsequent offence, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both.

17

Section 77 is amended

(a) in the definition "police officer", by adding "or a reserve constable" after "a member"; and

(b) by adding the following definitions:

"affected person" means a person whose involvement with a police officer resulted in an investigation by the independent investigation unit. (« personne touchée »)

"complaint" means an allegation made orally or in writing, if the person making the allegation provides their name and contact information. (« plainte »)

"police associate" means

(a) a civilian employed by a police service;

(b) a person who is employed by a municipality, First Nation or entity representing a group of First Nations and who provides services to or for a police service; and

(c) a prescribed person or a member of a prescribed class of persons. (« personne affiliée à un service de police »)

"subject officer" means a police officer who, in the opinion of the civilian director,

(a) may have caused the death of a person;

(b) may have caused a serious injury to a person;

(c) may have contravened a provision prescribed under clause 65(1)(c) or subsection 73(1) or (1.1); or

(d) may have engaged in other conduct that is the subject of an investigation by the independent investigation unit. (« agent impliqué »)

18

Section 88 is amended by striking out "civilian monitor" and substituting "community liaison".

19

Subsection 91(1) is amended

(a) by adding the following after clause (e):

(e.1) for the purpose of subsection 76.1(3), specifying the information that must not be included in an investigation report in prescribed circumstances;

(b) by adding the following after clause (f):

(f.1) respecting community liaisons, including training required by community liaisons;

S.M. 2009, c. 32 (unproclaimed provisions repealed)

20

Sections 67 and 68 of The Police Services Act, as enacted by S.M. 2009, c. 32, are repealed.

Conditional amendment

21(1)

This section applies if The Public Service Act, S.M. 2021, c. 11, comes into force before section 9 of this Act comes into force.

21(2)

Subsection 64.1(1), as enacted by section 9 of this Act, is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

Coming into force

22

This Act comes into force on a day to be fixed by proclamation.