Time to stop using the RCMP in BC

http://bcndpcaucus.ca/news_room/all_communities_should_benefit_from_improvements_to_police_complaints

Monday, February 12, 2007

It isn't that the provincial police used in Ontario, Newfoundland and Quebec are any better than the RCMP. However, the enforcement of the criminal code is jurisdictionally a provincial matter in Canada. Why is it that the BC Attorney General continues to pretend he has no control over the policing of our province.

The BC office of the Police Complaints Commissioner has had a rocky ride since its inception nearly ten years ago. A limiting budget and a more limited mandate from the start got much worse when the courts over ruled the first significant Public Hearing into the riot at the Hyatt. I remember the police's actions that night vividly and a public hearing was absolutely warranted. The courts however, stated that the commissioner acted without jurisdiction in calling for a hearing. Although Commissioner Morrison was eventually successful in overturning this ruling, 4 years had now passed since the incident. Morrison himself was finished as commissioner long before there was a final outcome. Now, a series of suggestions for improving the complaints process have been brought forward by Justice Wood.

From Opininon 250:
  • Strengthening the oversight powers of the Office of the Police Complaint Commissioner (OPCC) to ensure that serious complaints are properly investigated and resolved.
  • Shifting from the current model where the OPCC oversees a complaint after police have investigated it, to contemporaneous oversight where the OPCC can be involved throughout the handling of a complaint. This would involve the use of new software to track complaints across all municipal police departments.
  • Increasing the police complaint commissioner's powers to include the ability to provide advice or direction to a police department during an investigation; the power to issue guidelines that are binding on police; and statutory responsibility to monitor non-lodged or oral complaints (complaints made by a member of the public who does not want to commit the complaint to writing).
  • Compelling police by law to co-operate both with internal and external investigators, including providing a statement and submitting to an interview. Failure to co-operate would constitute a new category of discreditable conduct under the Code of Professional Conduct regulation.
Of course, no Canadian can forget how much worse the RCMP's Public Complaints Commission is. Their handling of the complaints related to the injured protesters at APEC will go down in history as a massive blunder almost as bad as the actions of the RCMP in the first place.

For those of you who don't live in British Columbia, or who do and don't follow policing jurisdiction closely, I should give some background. The RCMP is a federal police force reporting to the federal government. The BC Government and all but a few BC municipalities contract the RCMP to provide policing. This arrangement is used instead of provincial police forces in much of Canada. Cities like Surrey, Kamloops and Kelowna don't have their own police forces. Many smaller cities, districts and municipalities do, like Central Saanich and the District of Oak Bay. It gets weirder though, districts like the UBC endowment lands and the Naval Base at Esquimalt are policed by the RCMP on contract but surrounding areas like the Esquimalt municipality and the City of Vancouver have their own policing arrangements that don't include the RCMP. Federal legislation stops any kind of real oversite of the RCMP by the provincial governments, civilians or municipalities. However, the option exists to negotiate a new policing regime or simply do away with municipal and provincial policing duties by contract with the RCMP.

Today's call from the BC NDP Opposition that all communities should benefit from improvements to police complaints requires extending a new kind of civilian over-site to the majority of the province is one I hardily support. The RCMP can no longer operate by a different set of rules than the rest of the police in BC.

If Stockwell Day and the RCMP continue to insist they should have their own set of rules; then we should simply call their bluff and stop using the RCMP in BC.

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