Evidence of meeting #7 for Public Safety and National Security in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was iio.
A recording is available from Parliament.
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
None whatsoever.
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
You also mentioned that in the case of British Columbia, your office has jurisdiction over B.C. special constables. Is that correct? I'm not totally familiar with B.C. special constables, but does your jurisdiction also cover volunteers who might be acting for police forces?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
Thank you.
No, it would not include volunteers acting with any police force. The special constables would include conservation officers and sheriffs, and our jurisdiction is specific to on-duty personnel, not off-duty ones.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
On the question of auxiliary RCMP members, would they be covered by your office?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
That's a very good question and we have continued debates in seeking legal opinion on that. To date, they have not been.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
To date, they are not covered and would not be included in any of your investigations?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
That is the view today. Fortunately, we haven’t received notification of a case involving an auxiliary. Auxiliary police officers are allowed to apply to be investigators within the five years, so that lends itself to thinking that they would not fall under our jurisdiction.
NDP
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
In a criminal investigation, they would fall under the police jurisdiction. The other thing that could happen is that the director of police services in British Columbia has the ability to direct the IIO to take any investigation he feels appropriate. At the end of the day, even if someone may not properly fall under the jurisdiction, we can be ordered to take that investigation on.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
But in the case of auxiliary RCMP, we could end up with the previous problem of the RCMP investigating someone who was, in essence, working with them.
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
[Inaudible--Editor]...ability, but it would be more likely that the director of police services would direct us to take that investigation.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
Okay. Is this issue addressed in the memorandum of agreement?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
It is not.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
It is not. The same thing would extend, I guess, to volunteers who sometimes provide assistance to police forces, so volunteers would not be covered, either by your office or by the memorandum of understanding.
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
That is correct.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
But so far—fortunately, I guess—you haven't had any of these cases come forward.
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
It's quite possible that a volunteer has been involved in an incident, but under the Police Act it wouldn't be reportable to the IIO, so I would not necessarily know that.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
You wouldn't have that information because it isn't a reportable incident?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
That is correct.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
I'm asking these questions because the committee has had suggestions on reducing the costs of policing, that some policing duties should be taken on by civilians or volunteers or auxiliaries, in some fashion. The general concern we've been raising is, how do those fit within the existing framework of accountability?
Do you have any general comments on that?
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
As we move through to the review and the expected amendments to the Police Act to increase our mandate, it would be with a view to increasing our jurisdiction to include sexual assaults, domestic assaults, and other proscribed offences.
At this point it would be unlikely that we look at expanding the jurisdiction to include volunteers.
NDP
Randall Garrison NDP Esquimalt—Juan de Fuca, BC
To distinguish your office itself, you don't take public complaints.
Executive Director, Public Accountability, Independent Investigations Office of British Columbia
That's correct. We don't take public complaints, but having said that, there have been times when affected people have contacted our office. We have followed through and have determined that the notification did not happen and we have taken on those investigations.
Conservative
The Chair Conservative Daryl Kramp
Fine, thank you very much. We're at the end of that now.
Mr. Norlock, please, you have seven minutes.
Conservative
Rick Norlock Conservative Northumberland—Quinte West, ON
Thank you very much, Mr. Chair.
Through you to the witness, thank you for appearing today.
If I could go back, I'm a little confused because in my notes I have you stating that you don't investigate conduct but investigate criminality around an incident in question, or is it the reverse? I'm not sure.
I'm given to understand that most police acts across Canada have a certain code of conduct for officers. They are usually investigated by the department because it's part of their condition of employment.
Am I correct in saying that the police department would investigate contraventions of police acts, while your investigative unit investigates criminal actions relating to the incident in question on behalf of the identified officer?