Manitoba moves to give police watchdog more bite

The province has introduced changes to the Police Services Act to improve the police watchdog's communication with the Indigenous community and imposes fines and penalties on officers who break the new rules.

"It's important for Manitobans to have confidence in their institutions," Justice Minister Cameron Friesen told reporters Monday.

The Independent Investigation Unit of Manitoba investigates all serious incidents involving police officers occurring on or off duty.

Bill 7 (Police Services Amendment Act — Enhancing Independent Investigation Unit Operations) is do-over of a bill introduced a year ago Friesen paused when he was sworn in as justice minister in January.

Friesen said he delayed the legislation in order to consult with Indigenous organizations. The Assembly of Manitoba Chiefs, Manitoba Keewatinowi Okimakanak, Southern Chiefs' Organization and the Manitoba Metis Federation provided feedback for the revised bill.

AMC Grand Chief Arlen Dumas gave credit to Friesen for walking the bill back to include Indigenous voices.

"It's those types of gestures that are meaningful and significant," Dumas told reporters at the legislature, after witnessing an Indigenous land acknowledgment become part of the house's daily proceedings. Dumas said he wasn't prepared to comment on the contents of the bill.

Friesen said the new bill creates a position within the IIU to ensure Indigenous organizations, community leaders and affected people and family members are kept in the loop throughout the course of an investigation.

It replaces the "civilian monitor program" with a "director of Indigenous and community relations."

The bill discontinues the practice of allowing the IIU to second officers while they're employed by a police agency, he said.

It establishes a duty to comply with requests from the IIU civilian director or investigators, and requires the watchdog be notified "immediately" in all instances, not just instances of serious injury or death, as opposed to when it is "practicable," said Friesen said.

Police officers and associates who fail to comply with the legislation face fines of up to $5,000 or a year in prison for a first offence, and up to $10,000 for each subsequent offence.

Police still won't be required to hand their notes over to investigators, however.

Friesen explained why: "These are very significant changes but we cannot simply override what the Charter (of Rights and Freedoms) says about your right not to incriminate yourself."

The 200-page Independent Review of the Manitoba Police Services Act made public in November said the IIU lacks a clearly stated "duty to comply" binding police chiefs, officers and services.

Without that duty to comply, officers can refuse to participate in interviews or produce relevant documents in a timely manner or provide "full and frank disclosure," the peer-reviewed report by Community Safety Knowledge Alliance of Saskatoon said.

MKO Grand Chief Garrison Settee said the legislation introduced Monday is a "first step toward the right direction."

"Indigenous people, historically, have never been satisfied with all the investigations because usually most of them result in the police being exonerated while our people are left with victims and families that are victimized over the loss of a loved one," Settee said at the legislature.

"We want to see some fair and thorough investigations and Indigenous oversight," the MKO chief said. "If you're going to see reform, if you're going to see progress, you're going to have to include us in the process.

"We are ready to engage. We are ready to participate."

carol.sanders@freepress.mb.ca