Overworked, understaffed Manitoba police watchdog faced 'difficult times' last year, annual report reveals

Manitoba's police watchdog faces numerous obstacles to doingits job, says a newly released annual report on the civilian-led agency a report that comes as the effectiveness of theIndependent Investigation Unit is being questioned.

The IIU was overworked and understaffed while grappling witha 48 per cent increase in its number of investigationsin the 2017-18 fiscal year, the annual report concluded.

The document also seems to alludeto uncooperative police agencies hindering thework of the IIU, which is mandated to investigate serious incidents involving police in the province.

Thisrift was first exposed last weekin private email exchanges showingthe Winnipeg Police Service refusing to flag incidents to the IIU and preventing cadets from being interviewed. The friction between the agencieswas initiallyreported by the Winnipeg Free Press.

"The IIUcontinues to work with police agencies in Manitoba to ensure that information required to advance an investigation is provided to the IIUin a timely fashion," said the 2017-18 annual report, which was made publicon Wednesday along with the annual report for 2016-17.

Staffing vacancies, increased workload

Under the Police Services Act, police agencies are obligated to automatically report certain types of incidents to theIIU, such as fatalities, severe injuries or when it is suspected that an officer may have committed a criminal offence.

"While the legislationoutlines the obligations of police agencies and the IIU in an investigation, discussions continue between all parties to ensure issues are resolved or recommendations for legislative change are advanced," the latest annual report reads.

Thereport acknowledges"difficult times" as the agencyendured staffing vacanciesdue to retirements, a resignation, and adeath. The report said it wasanticipated the last jobvacancy would be filled early this year, but the vacancies compounded challenges during an already busyinvestigating year.

Winnipeg police at odds with watchdog

6 years ago

Duration 3:10

Internal documents show the WPS and IIU aren't in agreement over aspects of the watchdog's role.

Theagency was notified of 74 incidents that may require its participation, which is up from 50 such eventsthe year prior.

Forty of those 74 notifications led to investigations, a 48 per cent increase from the previous year.

The fall of 2017 was exhausting for the IIU, the report said, asit responded to several major incidents, including a fatal motor vehicle collision involving a member of the Winnipeg Police Service.

"The efforts demonstrated by all members of the IIUthrough these difficult times were greatly appreciated," wrote Zane Tessler, the unit's civilian director.

A total of 36 investigations were completed in 2017-18, resulting in eight charges laid against four officers.

In the most serious case, an off-duty officer was charged with dangerous driving and impaired driving causing death.

TheIIUcharged three officers in 2016-17 and one police member in 2015-16, its shortened first year of operation.

The annual report does not disclose how many officers were cleared of any wrongdoing.

More reports involving RCMP

In 2017-18, the IIU was most often called upon to look into matters involving RCMP officers. In total, the IIUreceived notifications of 34 incidents involving RCMPin 2017-18 nearly double the18 RCMP-relatednotifications the preceding year. The report does not indicate how many of those notifications becameinvestigations, however.

In a statement Tuesday night, Manitoba's top Mountie, Assistant Commissioner Scott Kolody, explained the jumpby saying there were simply moreincidents last year that met the criteria to apprise theIIU.

Kolodysaid the RCMP has a "professional and respectful working relationship" with the IIUand it is his expectation that RCMPofficers areco-operating with IIU investigators.

"However, our subject officers do have certain legal rights and respond based on the advice of their chosen legal counsel," he said.

The IIU was notified of 27events involving Winnipeg police officers in 2017-18, compared to24 WPS cases in 2016-17.

Private email exchanges between the Independent Investigation Unit's director and the Winnipeg Police Serviceindicate the police service's leadership was at times reluctant to help IIUinvestigators, based on differences of opinion over the limits of the watchdog's authority.

Of the 74 notifications the IIU received in the last fiscal year, seven concerned officer-involved shootings. Three of those shootings resulted in a death.

"A substantial portion of these incidents occurred within a short time period, thereby increasing the pressure on the short-staffed team as the investigations overlapped, creating an intense period of critical work," the report said.

Six notifications to IIUconcerned injuries during an arrest triple the number recorded in the previous yearand another six involved what were described as "serious" injuries during an arrest.

The report does not speculate as to why theIIUwas called on to investigate more cases.

2016-17 report was never made public

In addition to tabling theIIU's2017-18 report on Wednesday, the provincial government also presented the annual report from the preceding year.

Justice Minister Cliff Cullen told reporters Wednesdaythe 2016-17 report was delivered to the Justice Department, but was never received by hispredecessor and thus wasn't made public.

Cullen chalked it up toan "administrative error."

In the earlier report,Tesslercelebrates the agency's first full year inoperation, complete with permanent office space and a fully staffed operation. The agency responded to all matters within its mandate"without exception and without delay," in 2016-17, he wrote.

On the length of theIIU's investigations, Tesslersaid the amount of time required for third-party reports, particularly when expert analysis is sought for forensic reports, is a significant burden.

He then notes the importance of revisiting the IIU's founding objectives.

"It is paramount that the investigative team is able to obtainthe information it requires in order to advance an investigation to its next stage and ultimately to conclusion," Tessler writes, without referring to any specific circumstance.

"The IIU will continue to work with and educate all involved parties and police agencies about the role of the IIU and the roles and obligations of each person within an investigation."