Crime & Punishment

Crime and justice comment and analysis

Posts Tagged ‘crime

More positive signs of change at the IIO

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Earlier this week the Independent Investigations Office (IIO) released a report that analyzed their investigation in the Nov. 8, 2012 police involved shooting at the Starlight Casino in New Westminster by Delta Police Cst. Jordan MacWilliams.  The analysis was conducted by retired RCMP Supt. Doug Kiloh who has much Major Case Management (MCM) experience but he also had expertise in ERT tactical procedures. Which, I might add, no one involved in the actual investigation had.

On October 20, 2014 MacWilliams was charged with second degree murder. The charges were finally stayed on July 14, 2015.

Regular readers will know that much has been written on this case in which I was very critical of the IIO’s investigation and questioned their competence in many aspects and on many occasions.

The Delta Police Association wrote a letter of complaint to the IIO essentially saying their investigation was flawed and also questioned their competence. The IIO, to their credit, then commissioned the review by Kiloh.

Kiloh’s 15 page report is very critical of the IIO but does note that in the intervening time a number of things have changed. But he also makes a number of recommendations involving training, investigative techniques, evidence management, MCM protocols and enhanced training.

Kiloh also focused on two salient events from the IIO investigation. One was that investigators never spoke to the female taken hostage that morning. I surfaced her and interviewed about six months after the charge was laid against MacWilliams. I also surfaced the fact that the IIO never asked casino security for their video. Casino security burned a DVD for the New Westminster police and the coroner. They got their copies but the IIO never  asked.

When I asked why the IIO never bothered to touch these basic but critical things to understand what happened, I was told that the IIO doesn’t concern themselves with what led up to the Affected Person’s interaction with police but just the actual interaction. I was stunned.

Well, evidently Kiloh was equally stunned. He deals with these failures and others in his report.

The new Chief Civilian Director, Ron MacDonald, put out a statement corresponding with the release of the Kiloh report. In it he said, “I have accepted the conclusions and recommendations outlined in his report, which is attached, in their entirety.”  He goes on to say than many of the recommendations have already been undertaken.

He then said this: “As the Chief Civilian Director of the IIO, I am focused on ensuring our investigations are carried out in as excellent and timely a manner as possible. We will always work to improve where necessary. This report and our response to it is an example of how the IIO is prepared to receive feedback and acknowledge weaknesses, recognize the need to improve, and make the needed changes.”

Well, that’s diametrically opposed to the first CCD, Richard Rosenthal

Considering the new CCD said he accepted the conclusions and recommendations “in their entirety,” I sent the following question yesterday to Marten Youssef, the IIO’s Director of Public Engagement:

If, in fact, the IIO accepts the report and recommendations “in it’s entirety,” that leads me to a very salient question. In the Starlight Casino investigation I surfaced the female hostage who was not interviewed by the IIO and the fact that casino security had burned a DVD of all of their video for the IIO but was never asked for it. Kiloh refers to both these matters as failings.

At the time when I questioned these things I was told by the IIO, I believe it was you, that was because the IIO was only interested in the limited focus of the police interaction with the Affected Person and not in circumstances that led up to that interaction.”

Youssef forwarded that enquiry to the new CCD who responded himself.

Here is his pasted response intact:

I have reviewed your email regarding the report about the Starlight Casino shooting. That report is about a five year old investigation, and the report notes several issues with that investigation. While it was important for us to release the report to publicly acknowledge those issues, and to demonstrate transparency to the public, at this point  my goal is to focus on the approach the IIO takes going forward.

In that sense you refer to the fact that the whole of the circumstances of an incident ought to be relevant in our investigations, not just the immediate interaction between the police and the AP.

To put it simply, I agree with you, and that is indeed the approach we take in our investigations. Not only can that context assist in an assessment of police actions, it will help explain the entire fact situation to the public.

I hope that addresses your questions.

Take care.

Ron

Well, well. Rosenthal never responded to my questions in his four years as CCD, let alone admit I was correct on any issue let alone such a salient one.

There are positive winds blowing at the IIO with this new guy at the helm.

One last point, Earlier today the Criminal Justice Branch released a report saying there would be no charges in an event at West Shore RCMP jail in which the arrestee, very drunk, was fighting with three members and taken to the floor when she sustained an injury. The whole thing is on video as you might imagine.

This occurred four years ago and the decision was only released today. Four years. The new CCD talks about timely investigations. Clearly this was not a priority of the previous administration. So, far he is talking the talk and walking the walk with two recent events that have taken place since he assumed the mantle were cleared in two months and one month respectively.

There were a couple more in the past couple of weeks. We shall see how the new IIO does with those.

I’m hopeful right now that MacDonald has forced the IIO to turn a corner. Early signs are promising.

-30-

Leo Knight

@primetimecrime

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Written by Leo Knight

March 23, 2018 at 10:39 pm

Political revenge or justice?

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Last week the RCMP announced a single charge of Breach of Trust by a public official against Vice Admiral Mark Norman, the former second in command of the Canadian Armed Forces (CAF). The investigation was conducted by the RCMP’s National Division, the section responsible,ostensibly, for “sensitive and international” investigations. This is the same section that conducted the investigation of Senator Mike Duffy in the Senate expense scandal. The problem is that it reeks of politics and seems to have little to do with justice.

Norman had in his portfolio oversight of the National Shipbuilding Procurement Strategy which was intended to be the replacement of the Protecteur class of naval supply ships. While the project had been underway for several years, a series of incidents led to the premature decommissioning of the HMCS Preserver and the HMCS Protecteur in 2014.

The government of Stephen Harper understood the problem of not having our own naval supply ships. There aren’t any gas stations in the middle of any ocean. That meant our navy was limited in how far our ships could travel. The navy scrambled and rented a supply ship from the Chilean navy for the Pacific, but that was a limited arrangement. They were in the process of negotiating with Spain for a supply ship for the Atlantic coast but that never came to fruition.

The Harper government changed contracting regulations that allowed them to do a sole-sourced contract when operational necessity merited. They then entered into an agreement with Davie Shipyards to convert a cargo ship, the MS Asterix, purchased by the shipyard, into a supply ship that would bridge the gap while Seaspan Shipyards in North Vancouver was building the replacement “Joint Support Ships.”

So far, so good. But the Harper government lost the election that year and the country was, yet again, blessed with a Liberal government. Those of us with memory of the last Liberal government recall the absolute cock-up they made of the Sea King helicopter replacement program. Their mismanagement, or should I say political corruption, cost the taxpayers $500 million in penalties for the cancellation of contracts put in place by the previous Conservative government of Brian Mulroney.

The Sea King replacement project began in 1983 and was well on the way until the Tories lost the 1993 election and the Liberal government of Jean Chrétien won. One of their first actions was to cancel the Sea King replacement contracts. To say that decision was simply political and blatantly stupid would be an understatement. There are still Sea Kings in operational use by the Canadian navy. They were old when Mulroney launched the New Shipboard Aircraft Project in 1985 for God’s sake. Navy pilots describe the Sea Kings as “10,000 nuts and bolts flying in loose formation.”

Not to be outdone, the government of Justin Trudeau, as one of their first acts decided to cancel the contract with Davie Shipbuilding after receiving communications from Irving Shipbuilding on the east coast requesting the cancellation of the contract and opening it up to bids from other shipyards. Naturally, the Irvings through their group of companies are huge donors to the Liberals historically. So Trudeau and the Liberals, as is their wont, decided in Cabinet to do exactly that. In their world the good of the country falls behind what is good for the Liberals.

Needless to say, Norman, was frustrated by that. He is alleged to have engaged in a series of communications with Davie Shipyards about the problem. The information was somehow leaked to the media and the ensuing uproar caused Trudeau to retreat on the decision.

The project went ahead and as we speak, the HMCS Asterix is undergoing sea trials. All’s well that ends well one might think. But no, Trudeau called in the RCMP and Norman was suspended by the Chief of Defence Staff Jonathan Vance pending investigation.

The RCMP raided Norman’s home as well as Davie Shipyards and a myriad of other places and organizations in Canada as well as the US resulting last week with the announcement of a breach of trust charge against Norman. Stunning.

Norman has an unimpeachable record of service to the nation. And let’s be realistic, to penalize  a man like that suggesting he leaked something, given that leaks are the capital of government, journalists and lobbyists, simply smacks of revenge.

Clearly Norman, by all accounts, frustrated by political interference, did whatever he did in the best interests of the country. It is also useful to note that Section 122 of the Criminal Code was designed to rout out corruption by public officials, typically for those who make decisions meant to benefit themselves or associates. There is no apparent evidence, at least in the public domain, of any such benefit sought by Norman in any of this. Now, maybe the RCMP unearthed something like that in their investigation, but of that, I am very sceptical.

Adding to all of this, Trudeau, not once but twice, in the past year, before the investigation was concluded and the charge laid, stated this matter would inevitably end up in court. How in the world would he know that? Well, there is certainly historical precedent of the PMO interfering in an RCMP investigation. Project Sidewinder during the Chrétien administration quickly leaps to mind.

No, this smacks of political revenge and crushing someone who defied the Liberals.

Norman is not a wealthy man after a career in the military. Some folks who served with him have set up a GoFundMe account to help with his legal bills trying to fight the might and deep pockets of the Crown.

This is outrageous.

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Leo Knight

@primetimecrime

Written by Leo Knight

March 14, 2018 at 6:13 pm

The irony of the IIO

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“Don’t underestimate the value of irony—it is extremely valuable.”
Henry James

The irony is delicious.

Following the November 2012 fatal shooting of an armed hostage taker who had fired shots at the Starlight Casino by Delta Police Constable Jordan MacWilliams, part of the Municipal Integrated Emergency Response Team (MIERT), was charged with murder by the Criminal Justice Branch (CJB) following the incredibly flawed investigation by the then-fledgeling Independent Investigations Office (IIO).

How flawed? Beyond belief. They never even interviewed the female hostage who was shot at, dragged and had a gun held to her head in the incident. They never asked for the video from the casino security staff itself who had the whole incident recorded. Casino security staff, who watched events unfold live on monitors and called 9-1-1, burned a DVD for the New West police who asked for and received it. They burned a copy for the Coroner’s office who asked for and received it. They burned a copy for the IIO who never asked for it. Stunning.

MacWilliams as one of the first officers for the MIERT who responded to the shots fired/ hostage taking call at the casino. The perpetrator had been waiting for a female casino employee to arrive for work and fired three shots at her before dragging her from her car and about 500 metres down the sidewalk toward the entrance when New Westminster PD units arriving to the 9-1-1 call from casino security boxed him in in the parking lot. The call to the MIERT went out.

Less than an hour into the stand-off, MacWilliams and another officer noticed the female hostage managed to separate herself from the armed man and they immediately broke cover and put themselves between the hostage and the assailant with weapons drawn, exposing themselves to danger while a third officer ran out and pulled the woman to safety. The exposed officers withdrew to cover and the stand-off continued for several more hours. Had MacWilliams wanted to kill the man he had he opportunity then. He held fire and risked his own safety.

The negotiators tried and failed to end the situation and the incident commander decided to try a non-lethal assault using ARWEN guns with plastic bullets to try and disarm the man.

MacWilliams was designated lethal in that attempt. He was in the sniper seat to provide cover for the ALPHA team when they broke cover to take the shots. They did and the suspect turned toward them with gun raised and MacWilliams did his job. He took the shot, protected his colleagues and took down the armed man.

As MacWilliams said to me after the event, “All my guys got to go home that night, we did our job.” And he is exactly right.

Had the IIO bothered to do their job were they actually competent, they would have interviewed the hostage who had information relevant to the hostage-taker. She would have told them, as she later told me, that the man had said to her when he had a gun to her head that the only way he was leaving the scene was in a body bag. In her mind that meant he was going to commit suicide at his own hand or force the police to shoot him.

You’d almost think that was important info that would corroborate the 22 page statement given by MacWilliams in describing the events of the day. Almost.

Instead they went through an elaborate charade trying to merge three video clips to suggest that MacWilliams fired before he should have and that resulted in him being charged with murder.

Insanity!

MacWilliams went for many months with a murder charge hanging over his head. The stress of the situation affected his life, his family’s life, his colleagues and police officers around the province who worried what might happen if they double-clutched if they were in a similar situation.

I wrote much on the situation exposing the charge for the sham it was. Fortunately, the murder charge was eventually stayed in a rare moment of clarity from the Criminal Justice Branch and MacWilliams was allowed to return to his job serving the citizens of Delta, BC.

Apart from the ridicule I heaped upon the IIO in this, they never suffered any consequences. They still exist and their incompetence is exacerbated with nearly every investigation they do. The police have no confidence in them and nor should the general public.

And even though the Solicitor General, in a rare moment of clarity and common sense, pushed the first Chief Civilian Director Richard Rosenthal out the door early, the stupidity remains.

They recently brought in some experienced, retired police officers to help out with their procedures and training. That was good. But in at least one of those cases they are only having the instructor train new hires in proper major crime investigation techniques. Why not existing investigators so that everyone has the same level of training and information? That’s just plain stupid.

They have hired a new Chief Civilian Director who performed a similar role in Nova Scotia, albeit that model uses seconded, seasoned police investigators instead of the BC model which uses, well, inexperienced civilians with little or no expertise. Indeed, the new CCD, the rather unfortunately named Ronald McDonald, faces a huge challenge to bring credibility to this organization which has become the subject of derision in the policing community.

First indications are not good.

But, in a delicious twist of irony, earlier this week, Delta Police Constable Jordan MacWilliams was summoned to Victoria and, at Government House, was presented with the Award of Valour for his actions on that day at the Starlight Casino.

Well done Constable. The IIO and the CJB should be ashamed for putting him and his family through the stress of a murder charge hanging over his head for all that time just for doing his job.  And the heads of those responsible should roll.

But I won’t hold my breath.

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Leo Knight

@prmetimecrime

Written by Leo Knight

November 23, 2017 at 5:52 pm

Successful campaign, but bitter feeling lingers

with 8 comments

Two weeks ago we started a GoFundMe campaign for Cindy Millington to help her through a tough time while her husband, RCMP Cst. Kwesi Millington, was serving his 30 month sentence after being convicted in a trumped-up charge of perjury.

After running for a week, we had surpassed the target goal of $10,000 and moved the goal to $12,000. Well, that too got passed. I spoke with Cindy and she was overcome with gratitude. We decided to let the campaign run through the long weekend then close it with a big thank you to all of you who supported Cindy. We then started the withdrawal process.

I then left for a pre-planned week in the desert playing golf with some of my retired former VPD friends. When I arrived at our hotel, I received a message from the GoFundMe Community Management Team saying, “It has come to our attention that your campaign may not be compliant with our Terms & Conditions.” They then proceeded to tell me the campaign was suspended pending a response from me.

I promptly responded explaining the situation and said the money was being raised for Cindy to help with the household bills and mortgage payments while her husband was unable to earn money and her salary alone would not cover everything. In the interim, I began getting messages from folks who were trying to donate but the site had been taken down and they were asking why.

I subsequently got this reply from GoFundMe: “Unfortunately, it has come to our attention that your campaign is in violation of the following line from our terms: “the defense or support of anyone alleged to be involved in criminal activity.”

Criminal activity? I was stunned.

What followed was a back and forth to ensure Cindy would be able to collect the donated funds and I’m pleased to say that Cindy has now received an EFT in the amount of $14,136.24.

When Cindy told Kwesi of the campaign he was very moved. Cindy said, “I told him how you created the campaign and it’s been flooded with donations. When I told him we were at $10,000 he said, OMG, I’m gonna cry, that’s amazing.”

While alls well that ends well, I suppose. But I’m still miffed at GoFundMe for the account suspension citing “the defence or support of criminal activity.” This was anything but. Kwesi Millington got steam-rolled by a system looking for scapegoats for political purposes and an employer that stood mute and did not come to the defence of the YVR Four.

Clearly by using the phrase “It has come to our attention…” indicates they got a complaint. Who would complain over this type of campaign? I don’t know. Maybe an anti-police type?Perhaps someone who doesn’t like inter-racial couples? A seniour member of the RCMP who did not agree with my criticism of the Force in this? Who knows?

But, what I do know is the policing community and those who support police came together and supported Cindy and the campaign for the week it ran and I guarantee you not one of those who donated in any way, shape or form defend or support criminal activity. It’s a nonsensical position taken by GoFundMe but at least they allowed Cindy to collect the donated funds, less their commissions of course.

I will stay in touch with Cindy and try and update you on how Kwesi and Monty Robinson are doing as I get updates. Again, thank you to all who supported this campaign. Your generosity is truly humbling and appreciated.

Leo Knight

@primetimecrime

Written by Leo Knight

November 21, 2017 at 6:35 pm

Another over-reach by the IIO

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I played golf with a few of my former VPD colleagues last week, all retired now, but with Major Crime and/or Internal experience and one, retired as the Inspector running the VPD Traffic Section. As we sat down for a post game libation, I got a press release from the Criminal Justice Branch (CJB) saying charges of Dangerous Driving causing bodily harm had been approved against a Nanaimo Mountie, Cst. David Buchanan.

My immediate thought was that he’d been ordered to shut down a chase and hadn’t, risking lives of pedestrians as he careened down the sea wall in the Port of Nanaimo. But no, nothing of the sort apparently.

As I read the release further, it turns out the CJB believe that he was in a pursuit involving a scooter. A scooter? You know, something like a Vespa. A scooter, capable of burning up the pavement at something between 50-60 KMH.

Again, my mind conjured up a chase on a sidewalk with pedestrians diving out of the way.  But no, no such thing.

This occurred around eleven o’clock on a wet, rainy February night in 2016.

When I told my golfing companions that the charge involved the interaction with a scooter, the speculation began as to what the officer might have done to get over the bar to be charged criminally with Dangerous Driving Causing Bodily Harm. All suggestions involved innocent members of the public being put at risk by the actions of the officer.

I began to look into the circumstances and the surmises of those experienced investigators did not appear to be the case.

Quite the contrary, the incident occurred at 11 p.m. Cst. Buchanan was assigned to the Integrated Road Safety Unit (IRSU) at the time and was based out of Nanaimo. IRSU is a traffic enforcement unit that operates in different areas of the province. It is funded primarily by ICBC and is tasked with specific enforcement functions with the goal of reducing motor vehicle accidents.

Buchanan was down in the Shawnigan Lake area coming to the end of his shift. He stopped at the Tim Horton’s in north Duncan to get a coffee to accompany him on the hour-long drive back to Nanaimo.

As he was leaving the parking lot exit he noticed a scooter heading south on Hwy. 1 apparently without a license plate which is required for that class of vehicle.

Buchanan turned south and began to close the distance so that he could verify what he thought he saw. As he got closer to the scooter in his unmarked SUV, the male on the scooter turned off the highway and Buchanan followed, no lights, no siren.

The scooter rider ran through two rolling stops then made an illegal left turn across some train tracks at which point Buchanan made the decision to conduct a traffic stop. Once he activated his emergency equipment to stop the rider, the rider did what is known in surveillance terms as a “shit hook.”

He did a hard U-turn and re-traced his route. Buchanan had to execute a Y-turn in reverse to get turned around to head after the scooter. Now, remember this is late in the evening and there’s not another sinner on the streets in this quiet area.

Scooter Boy noticed the SUV getting closer and turned into a parking lot followed by Buchanan who saw an exit where Scooter Boy seemed headed. He blocked the exit and Scooter Boy glanced off the front right fender of the police car and continued on onto a grassy area. Unfortunately, the grass was wet and Scooter Boy fishtailed and crashed into a fire hydrant.  His ankle was fractured, caught between the hydrant and his scooter. This is where the Independent Investigations office (IIO) asserted jurisdiction. Although, I fail to see how a fractured ankle classifies as a “serious injury.”

There was a confrontation as Buchanan tried to take Scooter Boy into custody and strikes were delivered by the officer to get control and the suspect handcuffed. But, I note he wasn’t charged with assault as a result. The CJB determined that to be justified.

Did I mention that the scooter was not only unlicensed and uninsured but also stolen and Scooter Boy has a history with police. I know, big shock. Cst. Buchanan on the other hand is a police officer who has been decorated for valour.

Scooter Boy was identified as Bryce McKay. He has not been identified publicly until now, but Buchanan’s name has been in every media outlet on Vancouver Island, the Lower Mainland and throughout BC.

And for what? Because he did his job?

The entire incident lasted, start to finish, 52 seconds. There is dash cam video that shows what Buchanan actually did during the incident. Menaka Giri, the Crown handling the prosecution of McKay who was charged with possession of stolen property, flight from police and possession of a stolen vehicle, reviewed the dash cam video and said in an email that she doesn’t see that Buchanan did anything wrong and that he should be confident to testify against McKay.

Well, apparently the prosecutors at the CJB felt otherwise and have approved criminal charges against yet another cop in BC just trying to do his job.

It ought to be an interesting trial. If I were defence counsel for Buchanan, I’d call Giri as a witness for the defence then simply stand and look at the judge and make a motion for dismissal because there’s clearly a difference of opinion in the office of the Crown itself. Talk about reasonable doubt.

It seems the IIO is attempting yet another overreach in charging another cop just trying to do his job and somehow they managed to get again the compliance of the CJB. Shame. This isn’t law, this isn’t justice. This is offensive to every cop trying to do his or her job.

-30-

Leo Knight

@primetimecrime

Written by Leo Knight

July 20, 2017 at 4:37 am

A crisis of confidence

with 6 comments

News of the imminent departure of the Chief of Investigations of the Independent investigations Office (IIO) John Larkin was broadcast to staff of the IIO last Monday morning. Curiously enough, staff coming to work also noticed that the office of Director of Investigations Allison Hemming-Cook had apparently been cleaned out on the weekend. Her status seems murky.

Staff think she’s on sick leave. If so, why clean out her office? Hemming-Cook says she is returning on June 20th following her impending marriage and honeymoon apparently to well-known Vancouver lawyer Monty Carstairs, QC. Which sounds like a vacation not a sick leave.

I tried to get clarification from Marten Youssef, nominally the Acting Director of Communications for the IIO. All he would provide was the vanilla response, “The IIO will not be providing comment on any personnel matters.” What that triggered, instead of a clarifying communication to the staff, was an email saying the word had gotten out and Youssef got himself on the news that night to try and spin his way out of my questions.

So, the staff there are left in the dark. Is there an open slot for a new Director of Investigations or isn’t there? If it’s a sick leave, how is it that a finite date for return has been set as stated by Hemming-Cook? The word in the office is that she was told in no uncertain terms to take sick leave. Whatever the reason, staff relations there appear to be the messiest they have ever been.

It would seem that Larkin and Hemming-Cook have worn out their welcome in that office. There is a union grievance filed against Hemming-Cook and several sources have told me that she and Larkin’s replacement, retired Asst. Commissioner of the Queensland police, Gayle Hogan, were at odds with each other. Hate is a strong word and I hesitate to use it, but I have been told they “hate” each other. I make no evaluation, but what’s clear in that is there will be a rocky road ahead if she returns following her honeymoon.

All of this follows a blistering letter sent by Vancouver Police Chief Adam Palmer two weeks ago in which he questioned the competence of the IIO. The Chief wasn’t mincing words. He said, “Changes need to be made to the IIO’s current practices to improve the relationship between the IIO and the police. The VPD has two principal concerns. The first concern is what appears to be the IIO’s lack of investigative competence. The second concern is the rigid position the IIO has adopted regarding pre-interview disclosure which has led to unnecessary friction and distrust between the police and the IIO. These concerns need to be addressed given the importance of independent police oversight to maintain public trust and accountability.”

Well, it would seem that changes are being made although it remains to be seen if these changes will be enough to satisfy the VPD and the Vancouver Police Union who have all but declared war on the IIO.

The question of competence of the IIO is a major concern for all police departments in the province including the RCMP. I have documented many instances underlining the apparent lack thereof over the course of the past four years.

There are many reasons why. Part of it was Larkin. He was, as described by Palmer, adversarial without question. He set the tone when he stated the IIO started every investigation believing the officer involved has committed a crime and work back from there. That, in and of itself, is incredibly unprofessional and anathema to any real investigator who knows his or her job is to find the truth about what happened not enter it with any pre-conceived notion about what occurred.

Part of it is turnover, lack of training and despite protestations to the contrary, the inability to meet the BC Provincial Policing Standards. They are after all, a police agency.

Section 1 of the Standards says this: “The chief constable, chief officer or commissioner must ensure that:

  1. A Command Triangle is formed for all major case investigations, as soon as reasonably possible given the circumstances and the needs of the investigation, with officers assigned to the following roles:

(a) Team Commander;

(b) Primary Investigator; and

(c) File Coordinator.”

It goes on to say this:  “The chief constable, chief officer, commissioner or chief civilian director must ensure that:

(2) An officer assigned to the role of Team Commander for a major case investigation, or an IIO investigator assigned to the role of Team Commander for the investigation of an incident where a person may have died as a result of the actions of an officer, whether on or off duty:

(a) Has experience relevant to the type of investigation; and

(b) Meets each of the following criteria:

(i) Successful completion of a provincially-approved Team Commander training course;

(ii) Previous experience in the role of Primary Investigator or File Coordinator;

(iii) Previous investigative experience in a supervisory or management role; and

(iv) No disciplinary records of serious misconduct that would affect his/her ability to

perform the duties of Team Commander.”

Aye, there’s the rub. The CCD MUST ensure the Major Case Management model is followed and MUST ensure a Team Commander is designated who meets the criteria as stated. At this point there is not one person in the IIO qualified to be a Team Commander which involves not just training but accreditation by a provincial board made of senior police investigators who evaluate the applicant’s major case experience.

About a year or so ago, Delta Police Chief Constable Neil Dubord wrote a letter to the IIO demanding they are held to the same investigative competencies as members of his department. I am waiting to confirm, but I am told he has not, to date, received a response.

Nor has the Delta Police Union who requested a review of the fatally-flawed investigation into the shooting at the Starlight Casino which resulted in 2nd degree murder charges against Delta Police Constable Jordan McWilliams, of which I have written much.

I specifically asked Youssef how many people at the IIO had Major Case Management certification and this was his response: “The IIO operates under an MCM framework and investigations are based on that model.”

Well, that was clear as mud.

The reality is that even though the IIO endeavours to follow the model as is required by the Director of Police Services for the province, they simply cannot meet the standard inasmuch as they have no accredited commanders and precious few who have had the investigators’ course.

Is it any wonder that Palmer, whose department follows the Provincial Policing Standards is lacking confidence in those who are responsible for investigating his officers and expecting them to get a fair shake?

Any which way you look at this, four and a half years into this, this is a mess. Perhaps, in the words of a former IIO investigator I spoke to today, “This is the messiest it’s ever been.”

That speaks volumes.

-30-

Leo Knight

@primetimecrime

Written by Leo Knight

May 24, 2017 at 1:15 am

Reports are scathing of the RCMP, but little will change

with 5 comments

Two reports were released Monday by the Public Safety Minister in Ottawa. The first, was written by the Civilian Review and Complaints Commission for the RCMP and can be found here.  The CRCC broadly reviewed workplace harassment and bullying in the Force.

The other was authored by former Auditor General Sheila Fraser. It looked at four particular cases where harassment lawsuits were filed individually by female members Catherine Galliford, Alice Fox, Susan Gastaldo and Atoya Montague. That report can be found here.

The RCMP has had both reports for several weeks but thus far has had little positive reaction to either report both scathing in their criticism of the Mounties essentially saying the organization is  dysfunctional and the harassment and bullying was systemic. Where have we heard this before?

I have long described the RCMP as “144 years of tradition unhampered by progress.” These two reports just reinforce that statement.

None of this is new. There have been a number of reports over the past decade or so and successive commissioners have mouthed all the platitudes including the current one, Bob Paulson, who has been described by a number of officers to me as the biggest bully of all. I cannot argue. Indeed, Galliford told me this is the fifth such report she has participated in.

Both reports recommend some form of civilian oversight for the Force. If that is to happen then the RCMP Act will require the appropriate amendments, if not re-written in its entirety, given the recent union certification application made by the newly formed National Police Federation.

But even then I am not sure much will change. The problem is the culture within the RCMP. It, in and of itself, causes the dysfunction. Part of it is the Old Boys network. For example when Gary Bass was the CO of E Division (BC) his sycophants were referred to as the Bass Boys Club or BBC for short. Promotions literally depended on whether one was a member of the BBC.

When Craig Callens took over upon Bass’ retirement nothing changed except the name. The sycophants were then referred to as being on “Craigslist.”

Another significant issue is the “go along to get along” unwritten rule. Members don’t dare colour outside the box. But the overriding issue is the, again unstated policy, not to do or say anything that could damage the reputation of the RCMP. This is at the heart of the problem.

If a member has a complaint about a superior, even if validated, which is rare, the member is discouraged from pushing it for the good of the Force or the miscreant is simply transferred. Out of sight, out of mind so to speak.

The RCMP Act was re-written in 2014 ostensibly to make it easier for the Commissioner to fire the “bad apples.”

The CRCC report identifies what the RCMP has done since it’s last report on the matter in 2013 were simply small initiatives that had little or no effect.  Said Ian McPhail, Chair of the CRCC in the report, “If the last 10 years, over 15 reports and hundreds of recommendations for reform have produced any lessons, it is that the RCMP is not capable of making the necessary systemic changes of its own accord.”

Stunning words. Paulson’s response? Meh.

Well, to be fair he did put out a one page response in which he gave no reaction to the major recommendation common to both reports, the establishment of civilian oversight committee or board that will assume control for administration, finance and human resource management of the RCMP.

This is his response: “These reports make recommendations that require careful review and consideration. They will no doubt help improve policies to further support a healthy and respectful workplace as the RCMP continues moving forward.” How about that for tepid?

McPhail’s report also says that little has changed in the RCMP from their previous report in 2013 to the present day. Paulson’s response? “It should be noted that many of the reports’ judgments rely on the historical context of RCMP transformation efforts that are not, in my view, reflective of current RCMP environment, policies or processes.”

Yeah, that sure sounds like he is seized with the findings and recommendations doesn’t it?

Paulson has already announced he is leaving at the end of next month. We don’t yet know who his replacement will be, but unless the Trudeau government picks a strong leader – a real leader  who can take the Old Boys’Network by the scruff and shake the heck out of it – nothing will change. Prime Minister Justin Trudeau telegraphed today that the appointment will be either a female or someone well-versed in aboriginal issues. Leadership qualities apparently are not the criteria.

Equally, I don’t think Ralph Goodale, the Public Safety Minister, has the intestinal fortitude to take on the RCMP because any effort to establish some form of civilian oversight with authority over the Commissioner’s office will be fought every step of the way by seniour management in the RCMP. Take that to the bank.

The female members who were interviewed by Fraser were told that the Minister is “absolutely committed to follow the recommendations.” I’m sure Fraser believes that. I, on the other hand, don’t buy it for a second.

I spoke with former West Vancouver Chief and former BC Solicitor General Kash Heed to get his take. He said, “Nothing will change in the RCMP. There are consecutive reports over the past 15 years; Kennedy, Duxbury, Brown ‘et al’ calling for the same changes. The organization will not change unless they are redefined and stick to just federal policing.”

It’s hard to argue that. But that sort of institutional change would have to come from government. The same government lacking in the same sort of leadership that’s needed in the RCMP.

Plus ça change, plus c’est la même chose.

-30-

Leo Knight

@primetimecrime

Written by Leo Knight

May 16, 2017 at 3:04 am