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This article was published 23/01/2017 (3359 days ago), so information in it may no longer be current.

The Independent Investigation Unit of Manitoba has been around for less than two years, but its roots date back to a defining moment in Winnipeg’s history that happened decades ago.

The idea of having an IIU — an independent organization to eliminate situations where police officers investigate fellow officers — was first raised almost three decades ago during the Aboriginal Justice Inquiry. Part of the inquiry’s mandate was to examine the fatal shooting of an aboriginal man, J.J. Harper, by Const. Robert Cross in 1988 and the resulting investigation by city police. Their investigation concluded the shooting was an accident, but the inquiry later determined excessive force had been used.

The idea of a such a unit took on greater urgency in the aftermath of the car crash that killed Crystal Taman in 2005. A pickup truck driven by an off-duty officer, Derek Harvey-Zenk, slammed into the back of Taman’s car at a red light and killed her. He was convicted of dangerous driving causing death after a controversial plea deal led to other charges of impaired driving causing death, refusing a breathalyzer and criminal negligence causing death being stayed by the Crown.

Later, after it was revealed the charges had to be dropped because of a botched investigation by the East St. Paul police force, which was disbanded, an inquiry looked into the entire case.

The Taman Inquiry recommended a civilian unit oversee investigations that involve police. This time, the provincial government decided to set one up.

The IIU launched more than 18 months ago and will soon publish its first annual report. It officially became operational on June 18, 2015. Zane Tessler, who was a defence counsel and Crown attorney for three decades, was hired as its first civilian director in March 2013 for a five-year term. The unit’s investigators started work in May 2015.

The unit’s mandate is to investigate “all serious incidents involving police officers in Manitoba, whether occurring on or off duty.” Its goal, Tessler said, “is to ensure all Manitobans trust the independence and impartiality of our work and have confidence in our investigative findings.”

“The scope of our mandate is actually very broad,” Tessler said. “You have death and serious-injury incidents — these are mandatory. But we also have jurisdiction over any other allegation or breach of the criminal code.”

‘When police forces investigate themselves it’s a no-win situation… so independence is called for’ — then-attorney general Gord Mackintosh in June 2015’It is my privilege to be part of this new and historic chapter in policing in Manitoba… Manitoba’s IIU (Independent Investigation Unit) joins an elite group of officers tasked with investigating serious incidents involving police’ — Zane Tessler after being introduced as the IIU’s first director 

Tessler said they take only investigations referred to them by police agencies.

“I’m not saying the public can’t contact us, but we can’t start an investigation simply with a citizen complaint,” he said.

Tessler said there are times when the IIU learns about cases in other ways, including social media. He said that’s how they first heard about the incident that led to a fatal police shooting of 24-year-old Mark Dicesare at the Kapyong Barracks site in November 2015. A final report on that incident is expected to be released soon.

“I was sitting in the office, and someone got a phone call saying they got a tweet about something happening on Kenaston,” Tessler said. “We started following it on Twitter. We started getting our resources ready just in case. Within minutes, we realized it was more serious, and within minutes, we were notified. We even saw some posted video ahead of time.”

Tessler said they have used social media to help with their investigations, too.

“We’ve been able to find potential witnesses,” he said. “We will do Twitter scans after shootings to check for potential witnesses and see if there is video and photos. So this one incident taught us a lot… it’s now another tool that didn’t exist 10 years ago.”

The IIU, which is located in a downtown office building, isn’t a large organization. On the administrative side, there is Tessler, an office manager, a director of strategic planning and an administrative assistant. On the investigative side, there is a director of investigations, a team commander and eight full-time investigators — seven of whom are full-time, permanent employees and one who has been seconded from a police force.

Tessler noted while the unit’s counterpart in Alberta investigated 10 police shootings in Calgary over the entire year, Manitoba’s IIU at one point was investigating three in a six-week period. At one point, the IIU was investigating two major cases on a single weekend — one in Winnipeg and the other in Dauphin.

Tessler said so far the investigators have been able to handle all the cases coming in.

“We haven’t had to turn anything away. There has never been a time we haven’t been able to get out right away,” he said.

As of the end of December, the first 18 months of the IIU’s existence had seen police forces across the province contact them 65 times.

“They were matters they felt were within our mandate. Of the 65, 36 became matters that were IIU investigations, and the IIU took over jurisdiction. Twenty-seven were monitored by the IIU, and two we felt were outside our mandate, and we declined,” Tessler said. “From the IIU side, I’d rather know all the matters and not keep it in the dark.”

The most recent IIU decision came out Friday. That’s when Tessler rejected an allegation by a suspect that an arresting officer with the Dakota Ojibway Police Service had used excessive force and broken his wrist at Long Plain First Nation in May. Tessler concluded, based on medical and X-ray reports, the wrist was never broken and, after reviewing the evidence, concluded the force used by the officer “was reasonable in the circumstances.”

Only one officer has been charged after an IIU investigation. On Oct. 8, 2015, RCMP Corp. Gordon Lethbridge was charged with assault in connection with an off-duty incident after Tessler concluded “there are reasonable grounds to believe a criminal offence occurred.” That charge was later stayed, and Lethbridge has since been charged with another assault.

To respond quickly, Tessler said the IIU has worked on numerous contingency plans for getting — and potentially staying for a period — in any area of the province.

“It’s so we know what to expect, not only from how we get there, but how we operate, how to get around, and how we communicate. We can’t use their (police force) cars or offices,” he said. “We’ve come up with some pretty good plans to do things. The investigators do have tents and sleeping bags if required.”

Coun. Jeff Browaty, chairman of the Winnipeg Police Board, said the IIU, along with the Winnipeg Police Service’s professional standards unit and the Law Enforcement Review Agency, help the police chief maintain discipline in the ranks.

“I believe Winnipeggers expect that concerns about police conduct are taken seriously and are investigated fairly, impartially and thoroughly,” he said. “The IIU, together with LERA and the service’s own professional standards unit, serve essential roles in maintaining public confidence and trust in policing.”

The IIU is still in its infancy, but Tessler is already nearing the end of his appointment.

“I am eligible for one further extension of five years, but no director can serve more than 10 years,” he said. “This is a wonderful opportunity. I am so honoured to get this chance, and I am so blessed to be here in this role.”

kevin.rollason@freepress.mb.ca