RCMP foot-dragging highlights ‘sad report to read’: civilian oversight expert

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This article was published 12/05/2020 (2163 days ago), so information in it may no longer be current.

The latest case of law enforcement obstructing the work of the Independent Investigation Unit of Manitoba has again raised alarm about the effectiveness of civilian-led oversight of policing in the province.

In its latest report, the IIU — Manitoba’s police watchdog — concedes a number of roadblocks and breaches of legislation rendered it incapable of properly investigating a September 2019 shooting involving an off-duty RCMP officer

Ian D. Scott, a lawyer and former civilian director of Ontario’s Special Investigations Unit, said it’s “a sad report to read” and will likely chip away at public confidence.

“There are so many things that went wrong here,” Scott told the Free Press.

On Sept. 7, 2019, an off-duty RCMP officer called 911 to report he’d accidently shot himself in the foot with a shotgun while goose hunting near Grunthal, about 70 kilometres southeast of Winnipeg.

The Police Services Act, the legislation governing law enforcement in Manitoba, stipulates the IIU must be notified as soon as possible whenever the actions of an on- or off-duty officer lead to serious injury or death.

The RCMP failed to notify the IIU about the shooting for nearly three months.

“This investigation was fraught with difficulties and a dearth of information from the outset,” IIU civilian director Zane Tessler wrote in his final report.

On top of the delayed notification, which left the IIU unable to examine the scene, the responding officers did not make any notes, identify or speak with a potential eyewitness, examine or seize their colleague’s firearm, or investigate the matter in any significant way.

The subject officer refused to speak with IIU investigators and declined to turn over his medical records. As a result, the IIU was unable to verify the extent of his injures, which may have included surgery and the amputation of toes.

The matter was only reported to the IIU on Nov. 29, after it came to the attention of senior RCMP management.

Scott said there are two possibilities: either the RCMP officers were unaware of their duties to report the incident (which would speak to a lack of education) or they outright ignored that responsibility.

“It’s pretty clear this falls within the mandate… Everyone is concluding it was self-inflicted, and it very well could have been, but how can you tell on the basis of this investigation? I don’t know. It doesn’t give me much comfort,” Scott said.

“We want to be able to facilitate public confidence that there are independent investigations and they’re thorough, but this doesn’t give you that sort of warm-and-cosy feeling.”

In addition, Scott said it remains unclear why the IIU would not get a summons or warrant to secure the subject officer’s medical records, which would tell them about the nature of the injury.

“Get a warrant and go out there and get (the medical records); they’re obviously relevant. But that step was not taken and the question I would have is: why not? I don’t understand why the IIU is not using its power of summons,” he said.

When asked why he did not take further steps to secure the medical records, Tessler — in a written statement — told the Free Press: “We must be cognizant of the (Personal Health Information Act) and privacy issues.”

He noted he does not believe there was an intentional attempt by the RCMP to obstruct the IIU investigation.

RCMP spokesman Robert Cyrenne said the officers “were not aware of the IIU reporting requirements,” but steps were taken to address the matter internally.

“Be assured that all supervisors are now very much aware of the IIU reporting requirements, and it is our strong expectation that these types of delays are not repeated,” Cyrenne said in a written statement.

Scott said when reading the IIU’s final report he could sense “the feeling of frustration from Mr. Zane Tessler.” He added Manitoba policy makers should reflect on if changes are needed to ensure proper investigations in the future.

“I don’t think this gives the public any sense of confidence there was a thorough investigation.”

It is not the first time there have been significant delays or attempts to undermine IIU investigations by police in Manitoba.

Last year, the IIU launched a lawsuit against the Winnipeg Police Service to access internal files it says are needed to investigate the July 2018 in-custody death of Matthew Richards Fosseneuve. The matter is still before the courts.

In 2018, the Free Press published an eight-month investigation into the IIU, which detailed a pattern of disappearing complaints, skirted investigations, institutional pushback, disputes over jurisdiction and interference among officers identified in criminal probes.

ryan.thorpe@freepress.mb.ca

Twitter: @rk_thorpe