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New Brunswick

RCMP, province, police watchdog disagree over who can release Dieppe shooting report

A police watchdog's investigation of RCMP actions during a shooting in Dieppe earlier this year has been completed. But RCMP say they won't release it. In Nova Scotia, such reports are posted publicly.

Reports by Serious Incident Response Team posted publicly in Nova Scotia but not in New Brunswick

RCMP say they won't release an independent report into police actions on Jan. 5 in Dieppe when a woman was shot and injured by a Mountie during an arrest attempt. (Nicholas Gautreau)

A police watchdog's investigation of RCMP actions during a shooting in Dieppe earlier this year has been completed, but the force is keeping the results secret.

Nova Scotia'sSerious Incident Response Team and the RCMP each says the other is responsible for releasing the report. The provincial government says it's up to the RCMP.

The Mounties requested the team investigate police actions when a Codiac Regional RCMP member shot and injured a woman during an arrest attempt Jan. 5 near the Moncton airport.

The independent teaminvestigatesserious incidents arising from police actions in Nova Scotia and decides whether charges are warranted against an officer. SIRThas been contracted by police forces to carry out investigations because New Brunswick lacks a similar organization.

Can't discuss report

Felix Cacchione, the director of SIRT, saidits investigation is complete and a report was provided to RCMPon June 28.Cacchionesaid he couldn't discuss the results of the investigation or whether the officer was cleared of wrongdoing.

"It's not our information," said Cacchione. He said a memorandum of understanding signed when the agency is called in leaves releasing information up to the police force.

"The RCMP does not release the reports of independent police review agencies anywhere in the country that is the responsibility of the independent agency,"Cpl. Jullie Rogers-Marshsaid in an email.

When asked why SIRT said it was up to police, Rogers-Marsh said there's no legislation in the province to allow the release of the reports.

"SIRT investigative reports pertaining to incidents involving the RCMP rest with the RCMP to determine any level of disclosure and as such should be addressed with the RCMP," Coreen Enos, a spokesperson for the Department Safety, said in an email.

Nova Scotia requirespublic release

SIRT's mandate in Nova Scotiarequires it to publicly release a report summarizing its findings. SIRT will still release a report though with less detail if the person affected by police actions is facing criminal charges,Cacchionesaid.

But in New Brunswick it defers to the police force that asked it to investigate.

RCMP would not provide an interview on the report or say what it found.

Cpl. Jullie Rogers-Marsh says the SIRT report into police actions will be part of the overall RCMP investigation into the incident and that is 'normally not disclosed.' (Kirk Pennell/CBC)

Michael Boudreau, a St. Thomas University criminology professor, said he was perplexed by the situation.

"It's a clear conflict of interest for the RCMP to first ask for this investigation, and then not to release the findings," Boudreau said.

He said it reinforces the need for New Brunswick to have its own version of SIRT that would require public release of investigations.

Boudreau said such a team would be different from the New Brunswick Police Commission as it would investigate police-involved shootings and tends to be led by civilians instead of former police officers.

Charles Lger, chair of the Codiac Regional Police Authority, says if reports are released in Nova Scotia, he doesn't know why it can't be done in New Brunswick. (Kate Letterick/CBC News )

"If it's OK to release information in another province, then we should have the same ability here in New Brunswick,"Charles Lger, chair ofthe Codiac Regional Policing Authority board, said in an interview. The boardprovides civilian oversight of Codiac RCMP.

SIRT has been called to investigate police actions in New Brunswick four timessince March 2018. It was most recently called to investigate a fatal shooting by a Mountie inMoncton.

CBCNews was told it would need to file an access to information request to the RCMP for the Dieppe report.Such requests, which cost $5 to file, can take months to complete and do not guarantee information will be released.

The federal access to information law requires public bodies to respond to requests with 30 days.RCMP reported 52 per cent of the2,967 access to information requests it received took more than two months to complete in 2017-18.

Police previouslycommitted toprovide a publicupdate.

"We understand the desire to know more and that's what we're working on to determine," CodiacRCMP Supt. Tom Critchlowtold the policing authority board meeting in January. "When new information is available, we will certainly provide an update publicly."

The woman who was shot faces 13 charges and is set to go to trial in fall 2020. (Submitted)

The Jan. 5 shooting happened after a single-vehicle crash near the Moncton airport. Police allege a woman fired an airsoft gun atDieppe firefighters and paramedics who responded to the crash.

Police allege the woman fired again at police when they tried to arrest her. A Mountie shot and injured the woman. She faces 13 charges and is expected to stand trial in fall 2020.

Rogers-Marsh saidthe details of what happened that day would come out as part of the court process.

Province considers local SIRT

Lger said the RCMP decision not to release the report strengthens the case for establishing a New Brunswick version of SIRT.Earlier this year, the Department of Public Safety said it is investigating that possibility.

A local team is something the New Brunswick Association of Chiefs of Police supports.

"It's very important for the public perception,"saidAlain Lang, vice-president of the organization and chief of theEdmundston Police Force.

He saidindependent investigations can help ensure public confidence in police forcesis maintained.

With files from Radio-Canada