June 18, 2010
Braidwood Inquiry recommends fully independent Civilian Investigative BodyFrançais
The following is from a transcript of a presentation and interview given by Justice Thomas Braidwood, who was tasked with investigating the tasering death of Robert Dziekanski in the Vancouver Airport. His report pointed to numerous problems with the way the RCMP handled the internal investigation of the officers involved. Ultimately he recommended the creation of an independent civilian investigative body like the one proposed by Nathan Cullen in Bill C-472
Thomas Braidwood: the intense public reaction to these inaccuracies [in the RCMP investigation] suggest a lack of public confidence in the R.C.M.P. which persuaded me to examine this aspect of the R.C.M.P.‘s post incident activities.
I concluded that the volatile response in this case— now that is of course by the public— was because this was a police related death, with the R.C.M.P. assuming responsibility for conducting the criminal investigation flowing from it. Many members of the public are understandably suspicious when the police investigate themselves. Regardless of how thorough and impartial the investigation turns out to be.
Now, my former colleague Judge William Davies Q.C. recently explored this issue in depth during his inquiry into the death of Frank Paul. I agree with his recommendation that British Columbia should establish a civilian-based investigative body modeled on Ontario’s special investigation unit to investigate all police related incidents to determine whether criminal charges should be laid against the officer.
Now, as I discuss in my report, the landscape has changed since Mr. Davies’ report and as a result I made several recommendation that go beyond his. The new investigative body should have a province wide jurisdiction. Municipal police enforcements and the R.C.M.P.
Next, it should investigate not just deaths but also cases involving serious harm, any possible criminal code contravention and the possibility contravention of any federal or provincial statute, that if the incident were investigated by a police officer, might in the mind of a reasonably informed members of the public undermine confidence in the police.
The new investigative body should be entirely civilian. Now, I’m ware of the difficulty of expertise, however, no member should have served anywhere in Canada as a police officer. Now, that’s the ultimate goal, but during a five-year transitional period I have recommended that former police officers be permitted to participate subject to several strict conditions. Now, my first report was entitled “restoring public confidence” and of course that has been my aim throughout these proceedings.
[. . .]
If the reputation— i think the R.C.M.P. And indeed other officers are beginning to recognize this. If— I’ve always said that the most important weapon in the arsenal of the police force is public support. That’s their most important weapon. They are peace officers. That is the basis of their mandate. I think that— in order for them to maintain their reputation in the public eye, and i have a strong feeling positively for the general reputation of the R.C.M.P., if it’s to be maintained, then we need a civilian outside force.
[. . .]
Nancy (CBC News): I know that you are calling for a special civilian investigative body to allow for investigating R.C.M.P. conduct, but not having police investigate itself. Beyond that, though, what do you think needs to be done, to restore public confidence in the R.C.M.P. which, as you acknowledge, is very much in question, right now?
Thomas Braidwood: Well, i think that is about what I think should be done. If you have an independent body, in order to investigate any wrongdoing, that may result in a criminal charge by the police force, I think that that is a good step forward. That is about all I can say about that.
