Timeline for creation of N.B. police oversight agency unclear - Action News
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New Brunswick

Timeline for creation of N.B. police oversight agency unclear

An independent police oversight agency is still in the plans for the New Brunswick government, but officials wont say when the public can expect to see the creation of the long-promised investigative body.

Oversight body still in province's plans more than one year after deaths of Chantel Moore and Rodney Levi

Photo of emergency vehicle lights flashing.
The New Brunswick government says creating an independent police oversight agency is still in its plans, but the timeline is unclear. (motortion/stock.adobe.com)

An independent police oversight agency is still part of the New Brunswick government's plans, but officials won't say when the public can expect to see the creation of the long-promised investigative body.

Last year, the Nova Scotia government was considering a proposal from New Brunswick that would see the two neighbouring provinces collaborate on a serious incident response team, commonlycalled a SIRT.

That was weeks after police officers in the province shot and killed26-year-old Chantel Moore, a Nuu-chah-nulth woman of Tla-o-qui-aht First Nation in B.C., and 48-year-old Rodney Levi of Metepenagiag First Nation, only a few days apart.

Since New Brunswick doesn't have its own serious incident response team, both shootings were investigated separately by Quebec's Bureau des enqutes indpendantes, or BEI, an agency that has come under fire for its lack of Indigenous investigators.

A split screen photo of a woman on the left smiling and a man on the right wearing a hat and sunglasses and smiling with his mouth open.
Chantel Moore, 26, and Rodney Levi, 48, were shot and killed by police in New Brunswick eight days apart. CBC has permission from Moore's family to use this photo. (CBC)

Following those investigations, New Brunswick's Public Prosecutions Services said in January it would not lay criminal charges against the Sunny Corner RCMP officer who shot and killed Levi, and in June, said it would also not lay charges against the Edmundston Police Force officer who fatally shot Moore during a wellness check.

The director of Nova Scotia's SIRT, Felix Cacchione, told CBC News last year that the deaths of Moore and Levi, which also prompted calls for a provincial public inquiry into systemic racism, had led to "renewed conversation" about collaborating on such an agency.

But a year later, Cacchione said, he's "heard nothing further on this matter" and referred questions to the Nova Scotia government.

Discussions, but no decision

Heather Fairbairn, a spokesperson for Nova Scotia's Department of Justice, confirmed there have been discussions on the idea of collaboration, but no decision has been made.

No one from the department was made available for an interview and when asked to elaborate on what might be holding up such a decision, Fairbairn said the department has no further comment.

Amendments to the province's Police Act were introduced in May, but they don'tinclude the creation of a SIRT.

Earlier this year, New Brunswick Premier Blaine Higgs seemed to rule out the idea of the province creating its own standalone agency, opting for a regional approach instead.

A spokesperson for the Department of Justice and Public Safety, which didn't provide an interview for this story, said work continues on the initiative.

"The creation of a SIRT Team for New Brunswick is supported by police chiefs, municipalities, frontline police officers and the New Brunswick Police Commission," Coreen Enos wrote in an email.

"A regional agency serving more than one province is one of the various options being considered."

N.B. Mi'kmawcommunitiescalled forindependent agency

Representatives from the nine Mi'kmawcommunities in New Brunswick have had "preliminary discussions" with the province about the creation of a policing oversight agency, according to Mi'gmawe'l Tplu'taqnn Incorporated, a non-profit organization created by the nine communities.

"Last summer, when the Province of NB asked for recommendations on how to improve the justice system, [Mi'gmawe'l Tplu'taqnn Incorporated] expressed concerns specifically with BEI and recommended the Province create their own independent investigative body for police misconduct," a statement from Metepenagiag First Nation Chief Bill Ward said.

Ward said another meeting is planned with the Department of Justice and Public Safety next month, and the communities hope it will be productive.

Metepenagiag First Nation Chief Bill Ward says representatives from the province's nine Mi'kmaw communities have met with the Department of Justice and Public Safety. (Gary Moore/CBC)

Police chiefs in the province also support the idea of an independent agency, according to Edmundston Police Chief Alain Lang, who is the president of the New Brunswick Association of Chiefs of Police.

Lang said the creation of such an agency was in the works already last summer, but the deaths of Moore and Levi "accelerated it a little bit more faster."

"Police investigating police officers, that's always been a hot topic, even though we're professional, and we do what we need, but transparency needs to be there," Lang said in an interview.

"Also, we don't like to be the ones that investigate that, and then the public thinks we're not doing a right job. This way, it'll be more transparent, we'll gain pubalic trust that way, and if charges need to be approved, they will be approved by the provincial Crown."

Finding independent investigators a challenge, police chief says

Kennebecasis Regional police Chief Wayne Gallant has been advocating an independent police oversight agency dating back to when he was a senior leader in the New Brunswick RCMP.

He said the Kennebecasis force hasn't had a large number of incidents that required independent investigation, "but the fact is that when you need that capacity, you really need it."

"Police Forces continue to face challenges in finding truly independent investigators of matters that require such independence,"Gallant wrote in an email.

Sign in the foreground, building in the back.
Kennebecasis Regional police Chief Wayne Gallant has been an advocate of creating an independent police oversight agency in New Brunswick. (Matthew Bingley/CBC)

Robert Bruce, the new chief of police with the Saint John Police Force, spent his career with the Ontario Provincial Police before starting his job in Saint John on July 1.

He would also like to see an independent agency to investigate incidents involving policein New Brunswick and was surprised to see the province doesn't have one.

"I think it just adds a level of transparency, it adds another level of accountability," Bruce said in an interview.

"It also takes the pressure off individual police forces to kind of investigate their own as well. There's a lot of pressure, resources and such that go into that."

If the province does create an oversight body, he would like to see it be transparent with the public, including timely release of information about investigations.

Bruce said that's been one issue with Ontario's Special Investigations Unit (SIU), which is tasked with investigating incidents involving police and peace officers "where there is a serious injury, death, allegation of sexual assault or discharge of a firearm by an official at a person."

N.B. RCMPrequested outside reviews for 2 incidents in last month

In the last month, the New Brunswick RCMP has requested outside reviews of two separate incidents involving officers.

In early July, Quebec'sBEI was called in after a video appeared to show an RCMP officer striking a Campbellton man during an arrest.

Last week,the New Brunswick RCMP asked an investigator with thePrince Edward Island RCMPto conduct a review, after an arrest in the Tracadie-Sheila area on July 26.

Yellow police tape stretches across the image with an RCMP cruiser in the foreground showing the work
New Brunswick RCMP have asked outside agencies or police forces to investigate incidents involving officers twice in the last month. (Shane Magee/CBC file photo)

Ouellette declined to say how many cases, dating back to 2018, were referred to outside agencies that could have been investigated by SIRT, if New Brunswick had one.

"It would be inappropriate to speculate on what the RCMP would have submitted to SIRT if we had one, as there is no independent review agency or criteria for referral currently in New Brunswick," Ouellette said.

He said the police force works closely with the Department of Justice and Public Safety on policing, "including their intent to set up a serious incident review team for New Brunswick."

"In the interim, the RCMP will continue to be diligent in requesting external reviews of critical incidents involving our police officers," Ouellette said.

"We are committed to understanding the ways we could have done things differently to improve outcomes for everyone involved."