Justice minister won’t say whether police disciplinary reports should be public

Manitoba’s justice minister supports implementing a uniform code of conduct for Winnipeg police but stopped short of committing to the public release of disciplinary reports involving officers.

Winnipeg Police Service Chief Gene Bowers sent a written appeal to Matt Wiebe on Wednesday, requesting changes to the provincial Police Services Act that would allow the WPS to disclose disciplinary actions taken against officers.

Bowers sent the letter one day before he revealed new details in the investigation into Const. Elston Bostock, who is now facing charges for an array of alleged offences, including drug trafficking and sharing intimate photos of a dead woman.

“The charges that we heard about today are deeply disturbing, and I was shocked by the details of this investigation,” Wiebe said in a phone interview. “Police officers are rightly held to a higher standard, and allegations like this can erode trust in policing.”

Wiebe confirmed his office received Bowers’ letter and said work is already underway within the justice department to develop a uniform code of conduct.

Asked about the potential for police discipline decision reports to become public, Wiebe said he welcomes further discussions with the chief. He did not directly answer whether he believes Manitobans are entitled to view such reports.

“Our primary focus is on building that accountability and transparency, and so we’re happy to work with Chief Bowers to best implement the tools that will give that confidence to Manitobans about law enforcement,” Wiebe said.

Speaking to reporters during a news conference at WPS headquarters Thursday, Bowers said disclosing all disciplinary actions is a critical step toward regaining public confidence in city police.

“Trust — you can’t just ask for it, you have to show it by action,” Bowers said. “We are one of the few jurisdictions in Canada that don’t publish, and that’s because there is a bylaw prohibiting us from doing so.”

Amending the act would allow police to supersede that bylaw and publish details about police misconduct and resulting penalties, Bowers said.

The public disclosure of disciplinary actions is commonplace within many of Manitoba’s regulated professions, including doctors, nurses, dentists, paramedics and lawyers.

Investigations handled by the WPS professional standards unit are not currently public.

Coun. Markus Chambers, chairman of the Winnipeg Police Board, said the board supports Bowers’ move toward transparency.

The board advocated for the creation of a uniform code of conduct and the publication of discipline reports under former police chief Danny Smyth. Barriers within the provincial act and “union issues” prevented changes from moving forward, Chambers said.

“If we go through the process of the Police Services Act, then it becomes a process, as opposed to squaring it away with the union,” Chambers said by phone.

“It will increase accountability knowing that if a complaint is filed, that there is an action and an outcome to it. A lot of times now, the public isn’t aware of what the outcome is, whether it is a positive outcome or a negative outcome,” Chambers said.

Mayor Scott Gillingham expressed his support in a separate statement.

“These are important steps to strengthen accountability,” he said.

Cory Wiles, president of the Winnipeg Police Union, pushed back on Bower’s letter. He said discipline disclosure is already handled by the Independent Investigation Unit of Manitoba.

The police watchdog investigates all serious incidents involving officers and produces written reports about their conclusions.

Wiles noted police disciplinary records can sometimes become public through the court system, if they are relevant to criminal or civil proceedings.

“Chief Bowers was a WPS member for many years, and I’m sure he is already familiar with these obligations,” Wiles said in an email.

“I expect he also recognizes that, whatever he is looking at, the (Winnipeg Police Union) will always act to ensure the privacy rights of its members — just like the members of other public-sector unions, and just like those of individual Canadians — are always respected.”

The charges against Bostock have not been tested in court. He remains in custody, with his next appearance slated for Aug. 11.

tyler.searle@freepress.mb.ca