Exclusive op-ed: Outgoing head of B.C.’s civilian-led police watchdog asks for more support

Richard Rosenthal, who ends his term as the head of the Independent Investigations Office next week, has this message for government.

By Richard Rosenthal

Next month will mark the nine-year anniversary of the death of Robert Dziekański at the Vancouver International Airport after he was “tasered” by RCMP officers. Mr. Dziekanski’s death was followed by a public outcry which included public concerns about the police investigating themselves.

The B.C. government subsequently responded to two different public inquiries, which were aligned with a strong public interest to create an independent agency to investigate police-related incidents resulting in death and serious injury. I was hired in January 2012 as the first chief civilian director of the Independent Investigations Office to launch the new office.

Today, the IIO serves as an independent civilian-led office with investigators with both police and non-police backgrounds.

Since its opening on Sept. 10, 2012, the IIO has closed 123 investigations, the majority of which resulted in public reports clearing the officers. One of the early successes of the office was the creation and publication of these public reports, which outline the reasons for exonerating officers, and provide sufficient information for the public to have confidence in the integrity of this decision-making process.

On Sept. 7, I will be retiring from my position with the IIO. Although British Columbians are better served today than they were prior to the office’s establishment, much work needs to be done in order to ensure the program’s long-term success.

The IIO’s mandate is to investigate all police related  incidents involving death or “serious harm,” regardless of whether or not there is any allegation of misconduct associated with the incident under investigation. Given no discretion in what cases to investigate, the IIO has no means to manage its caseload and its ability to operate in the future could  be negatively impacted by spikes in police related deaths or injuries.

In order for the IIO to meet its mandate in the future and succeed in the long term, the office will need significant support from the government in three ways:

1.  The government must update the Police Act to give the director discretion in what cases will be investigated. In addition, although I strongly support the long-term civilianization of the IIO program, future directors must be given the discretion to hire any qualified and appropriate person to serve as an investigator until such time as the program is ready for full civilianization; as such, the requirement that the director not hire any person as an IIO investigator who has served as a police officer in B.C. in the five years preceding his or her appointment, should be abolished.

2.  Regulations need to be created by the government to ensure best practices in investigations by the IIO. Currently, the IIO is operating under a memorandum of understanding with the police community that was created in 2012. Although the memorandum has worked well to ensure collaboration and cooperation between the IIO and the police community, conflicts have arisen that cannot be appropriately resolved through further compromise. Specifically, police officers involved in critical incidents must be required to write timely reports explaining their actions; police officers must be precluded from viewing incident video prior to being interviewed by the IIO and witness police officers should be required to provide video-recorded statements to the IIO upon request.

3.  The IIO must be provided with the resources necessary to ensure thorough and timely investigations. While the IIO was able to operate at a surplus in its first few years of operations, as the IIO continues to develop it will require additional resources to operate at full capacity and complete pending investigations according to the legitimate expectations of the community and the police.

It is an axiom of police oversight that one cannot create an independent investigation mechanism without giving constant attention to its development and needs. Immediate attention in the form of legislation and regulation can ensure that the funding for this important program will go to good use.

Richard Rosenthal

Chief civilian director, Independent Investigations Office of B.C.

 

IIO statistics

·         123 cases closed since September 2012.

·         68 Public Reports (no offence committed)

·         55 Reports to Crown counsel for consideration of charges

·         55 open cases (fluid number)

Just Posted

National championship tees off Tuesday at Oak Bay’s Victoria Golf Club

Oldest 18-hole course in Canada in its original location hosts Men’s Mid-Amateur Championship

New Victoria bus routes bound for airport, Camosun College

Bus routes and schedules are about to change this fall, and two… Continue reading

Michael Silberbauer named first coach of Pacific FC

The Island’s James Merriman named assistant coach

Police seek vehicle after early morning carjacking in Oak Bay

Stolen car is a 1999 Oldsmobile Alero, license plate FL307T

Salmon Fest serves up support for Kiwanis Pavilion

Scrumptious fundraiser enjoys success for second year

Oak Bay brothers scoop 10 kg of poop from park paths in 30 mins

Family picks up dog poo to give back, inspire others to be more responsible

Zeballos wildfire not getting any closer to town – BC Wildfire Service

Authorities optimistic about Zeballos; choppers grounded due to heavy smoke

Kids, seniors at risk as smoke from distant fires hangs over parts of B.C.

B.C. Centre for Disease Control says children’s lungs don’t fully develop until about age 10

B.C. mother charged in 7-year-old daughter’s death appears in court

The 36-year-old mother, of Langley’s Aaliyah Rosa, has been charged with second-degree murder

UPDATE: Saanich Police seek to identify suspect in sexual assault

Assault occurred in broad daylight in tent near Ravine Way

VIDEO: Teen soccer phenomenon Alphonso Davies to visit B.C. kids camp

The 17-year-old Vancouver Whitecap player is one of the youngest players in MLS history

New plan to lift more than two million people past the poverty line

Anti-poverty strategy will aim for 50 per cent cut in low-income rates: source

Liberals scrap lottery system for reuniting immigrants with their parents

Lottery for parent sponsorship to be replaced, more applications to be accepted

Another person stabbed at a tent city on Vancouver Island

Incident happened Friday afternoon in Nanaimo; injuries were not severe