Manitoba still evaluating scope of policing review while agencies fight over cadet notes

In response toa new spat exposing the perceivedshortcomings oflegislation that governspolicing in Manitoba, the province said its review of the act is still in development.

Justice Minister Cliff Cullen said Mondaythe government is considering the scope of its review into thePolice Services Act,following a disagreement between policing authorities on whether cadet notes should be handed overto Manitoba's police watchdog that has reached the courts.

In a letter that is now part of the court filings, Winnipeg police ChiefDanny Smythsaidthe fact there is no provision in the Police Services Act or regulations to request cadet records isa "gap" in the legislation.

NDP Justice Critic Nahanni Fontaine called on the government Monday to studythe jurisdiction of cadets.

The legislation 'has some holes'

Cullen said the provincial government is evaluating the terms of reference for the review, first announced last November inthe lastthrone speech.

"Clearly,the legislation, as it is written, has some holes in it," Cullen said outside the legislative assembly, "that's why we made the commitment to review the legislation."

Last week, the Independent Investigation Unit, which investigates serious incidents involving police,sought a court order to force Winnipeg police to turn over the notes of two cadets who witnessedthe final moments of Matthew Fosseneuve's life.

The cadets were therewhen the 34-year-old was hit with a stun gun during an arrest anddied in July 2018.

Records filed with the application showSmythand the service's labour liaison officer both refused to turn over the cadets' notes to the IIU following Fosseneuve's death.

Smythsaidcadets are not considered police officers, butcivilian employees, and thus not obligated to hand over their notes to aninvestigator under the Act.

Cullen wouldn't say which of the two agencieshe believes isin the right.

"I'm not going to comment because that matter is certainly before the courts. Obviously, that will be part of this review," Cullen said.

He said the provincerecently brought in retiredRCMPassistant commissioner Scott Kolodyasassociate deputy minister, whois offering insight into the review. Cullenexpects the province tocomplete the review by spring 2020.

Fosseneuve died on July 28, 2018, after police were called to the area of Alexander Avenue and Fountain Street fora report of a man acting aggressively. He allegedly threatened officers with a brick, according to anincident summary by Winnipeg police.

Fosseneuve was hit with a stun gun and became unresponsive. He was taken to hospital and pronounced dead.

Court filings showed that IIUdirectorZane Tessler sent an email to Smyth laying out the reasons why police should be forced to turn overnotes.

"The cadets were witnesses to an incident," he wrote on July 31. "The notes/narratives of the two cadets are part of theWPSinvestigative file and as such form part of your agency's disclosure obligation."

Dispute between WPS, IIU

Almost a month later, Smythsaid itis not appropriate to give the notes to the IIU and says if they want the notes, they will have to ask the cadets themselves.

He ends one of his lettersstating he is open to changing the regulations to clarify the procedures surrounding civilian cadets.

The court challengeis the latestriftbetween IIU and WPS,after hundreds ofemailswere released under Freedom of Information laws last fall. The documentsshowed police and theIIUhad been at loggerheads overthe jurisdiction and mandate of theIIU.

Theemailsshowed instances whereTesslerraised concerns with Winnipeg's police chief about roadblocks such as not sharing notes, not flagging incidents and keeping cadets from being interviewed.

Since the formation of IIUin 2015, the independent bodyhas investigated more than 120 cases, nineof which led to charges against police officers in Manitoba.