Keeping police in check

Province to revamp Police Act with help from the community

Megan Turnbull

The Manitoba government consulted with the public on proposed changes to the Provincial Police Act recently.

“It’s become increasingly clear that this police act has to be revised,” said Rachel Morgan, Government of Manitoba spokesperson.

The current act is so ancient that Morgan could not confirm its date of creation, estimating it at sometime between the late 1920s or early 1930s.

Many of the proposed changes focus on civilian involvement in police oversight and investigations.

These include a civilian police commission to oversee policing standards; an independent investigative unit to investigate cases of alleged police misconduct; and the implementation of police boards to supervise area police.

“It’s absolutely critical that Manitobans do have full trust in the police,” Morgan said.

This trust was shaken during the recent inquiry into Crystal Taman’s death at the hands of an off-duty Winnipeg police officer in 2005.

As it currently stands, police investigate their own colleagues, which can create a conflict of interest.

“Right now there aren’t independent units investigating police,” Morgan said.

While LERA (Law Enforcement Review Agency) currently exists as an independent investigative body, it can only investigate cases of alleged misconduct and not criminal issues.

The proposed investigative unit would fill that gap.

It’s still an issue of police policing police.

Albert McLeod,  Inner City Safety Coalition co-chair

But Albert McLeod, co-chair of the Inner City Safety Coalition and employee at Ka Ni Kanichihk, a resource group for Aboriginal People, is worried the proposed independent investigative unit may not be independent enough if comprised of members affiliated with the police force.

“It’s still an issue of police policing police and I think the challenge is how you get it to be an open process that the communities feel confident in,” McLeod said.

These are issues he feels the Aboriginal community will bring to the government’s attention.

Winnipeg Police Service declined comment for the story.

Winnipeg Copwatch is also concerned with issues of former police on the commissions and boards that oversee police.

Copwatch is a community and volunteer based group working to promote police accountability by documenting police interactions with civilians.

It also provides copwatching and know-your-rights workshops for the community.

Copwatch thinks the provincial government should instate regular media coverage of complaints against police, said Amanda (not real name), a Copwatch member. Members remain anonymous to better monitor the police.

Copwatch is also concerned punishment for police criminal and non-criminal wrongdoing is not significant enough.

“Basically, we’re saying time off with pay is grossly insufficient,” Amanda said.

Copwatch also thinks the provincial government should take recommendations from the Aboriginal Justice Inquiry of 1991.

McLeod feels there should be a focus on prevention, especially for the Aboriginal community, who are over-represented in the criminal justice system in Manitoba.

“Policing is not just dealing with crime but also preventing crime, so there really needs to be some balance,” he said.

Aboriginal inclusion in this process is essential, he said.

Copwatch’s Amanda said the revision of the roughly 80-year-old Police Act is long overdue.

“In many people’s opinion, that is far too long,” Amanda said. “I think there are several major forces that are demanding a review of the act.”

“It’s basically a glaring need for public accountability in law enforcement in this province.”

And while some feel that public consultations are a positive step, they will only be effective if taken to heart.

“If public consultations are meaningful and actually taken seriously, it’s a valuable process,” Amanda said.

The rewritten Act will take effect later in 2009.

Published in Volume 63, Number 22 of The Uniter (March 5, 2009)

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