Prince Edward Island 2010 Annual Report of the Police Commissioner
Prince Edward Island 2010 Annual Report of the Police Commissioner
March 31, 2011 Hon. Doug Currie Attorney General for Prince Edward Island PO Box 2000 Charlottetown, PE C1A 7N8 Dear Mr Attorney General: Pursuant to section 19 of the Police Act, I am pleased to present to you my annual report. Yours Truly, Gerard Mitchell Police Commissioner
2 This is the first annual report by the Police Commissioner pursuant to s. 19 of the Police Act, R.S.P.E.I. 1988 c. P-11.1. The report actually covers the period from November 7, 2009, the date of the Police Commissioner s appointment, to December 31 st, 2010. Part VI (sections 16 to 19) of the Police Act was proclaimed on November 7, 2009. On the same date the Honourable Gerard Mitchell of Charlottetown and Mr. Roy J. Ridlington of Summerside were appointed to five year terms as Police Commissioner and Deputy Police Commissioner respectively pursuant to subsections 16(1) and 16(3). The Police Commissioner is required to perform the functions assigned to him or her by the Police Act, the regulations thereto, the Lieutenant Governor in Council or the Attorney General. The Deputy Police Commissioner is required to perform the functions of the Police Commissioner when the latter is absent or ill, when the office of Police Commissioner is vacant, or where the Police Commissioner is unable to act due to a conflict of interest or for any other reason. On February 1 st, 2010 the Police Commissioner, pursuant to s. 17 of the Police Act and following a competitive process, hired Paul Stetson as manager and senior investigator for the office of the Police Commissioner. Mr. Stetson has abundant investigative and administrative experience. He served as a member of the R.C.M.P. for 31 years, many of them in leadership positions. He retired in 1996 with the rank of Staff Sergent. Following that retirement, he was the manager/co-ordinator of PEI Crime Stoppers for 13 years. The Office of the Police Commissioner opened on March 1 st 2010. It is located on the 2 nd level of the Confederation Court Mall in
3 Charlottetown. The Office is open on a part-time basis, but the manager is available by phone 24/7 through a call forwarding system. The Police Act was proclaimed fully in effect as of March 13, 2010. The Police Commissioner has no jurisdiction to deal with complaints arising from events taking place prior to that date. See: s. 62 of the Police Act. The primary function assigned to the Office of the Police Commissioner under the Police Act is to deal with Requests for Review under Part VII and Complaints under Part VIII of the Police Act concerning alleged violations of the standards of conduct set out in the Code of Professional Conduct and Discipline Regulations. As 2010 was a startup year, the main activities of the Office of the Police Commissioner during the period covered by this report were setting up the office and its operating systems, doing community outreach, studying the relevant legislation and becoming familiar with the role of civilian oversight of police conduct. A more detailed list of the activities of the Office of The Police Commissioner is attached hereto as Appendix A. Between February 1 st, 2010 and December 3, 2010 the Manager of the Office of the Police Commissioner opened 37 assistance files regarding individuals who had contacted the Office in one manner or another with a variety of complaints or concerns about some aspect of policing on Prince Edward Island. The manager gave these individuals such assistance, advice, and direction as was appropriate in the circumstances. Many of the complaints and concerns were about matters outside the jurisdiction of the Office of the Police Commissioner. In some cases individuals were advised on how to go about making a complaint under Part VII of the Police Act.
4 On 2 occasions, November12, 2010 and December 06, 2010 complaints under Part VII of the Police Act were mistakenly delivered by complainants to the Office of the Police Commissioner rather than to the chief officer of the appropriate police department. The manager of the Office of the Police Commissioner forwarded the complaints to the chief officer of the appropriate police department. During the period March 13, 2010 (the date the Police Act came into full force) to December 31, 2010 no requests were made to the Police Commissioner under s. 28 of the Police Act for the review of a decision of a chief officer or director concerning a complaint about the conduct of a member of a police department or an instructing officer. During the period March 13, 2010 to December 31, 2010 no complaints were made to the Police Commissioner under s. 35 of the Police Act concerning the conduct of a chief officer, the Director, or a security police officer. Recommendations and Suggestions The following minor amendments to Parts VII and VIII of the Police Act are recommended: A. S.23(1)(c) should be amended to make clear that the complaint can be delivered by mailing it to the chief officer at the offices or station of the police department. This is already provided for by virtue of the definition of deliver in s. 26 (k) of the Interpretation Act R.S.P.E.I.1988 Cap. I -8. However, most people would not be aware of that section. Some think they have to deliver the complaint in person and are reluctant to do that for fear of encountering an atmosphere of hostility at the police station.
5 B. Section 40(1) should have the word delivered substituted for the word made. A complaint is not made to the manager. It is made to the Police Commissioner by delivering it to the manager. See: s. 37(1). C. Section 43(5) (g) should have the words security police officer substituted for the words special constable. Part viii deals with complaints against security police officers. It does not deal with complaints concerning special constables and there is no definition of special constable in the Police Act. It is suggested that at some point consideration be given to amending s. 23(1)(c) of the Police Act to give complainants the option of delivering their complaints to the Office of the Police Commissioner which would immediately deliver them to the chief officer of the appropriate department or to the Director of the Atlantic Police Academy as the case may require. This recommendation is made for 2 reasons. First, because, as earlier indicated, some people may not realize that a complaint can be delivered by mailing it to the chief officer at the offices or station of the police department, and they may be reluctant to go to the workplace of the respondent to deliver their complaint. Second, in spite of the fact that the legislation is clear, some people seem to assume that the Office of the Police Commissioner is the appropriate place to deliver their Part VII complaints. The Office of the Police Commissioner does not believe there should be a wrong door. It is also suggested that consideration be given to amending s. 23(2)(a) of the Police Act be amended so as to require a chief officer or the director to notify the manager of the office of the Police Commissioner when a Part VII complaint has been delivered to them. This would enable the Office of the Police Commissioner to be aware of the part VII complaints that are in the system and that therefore could potentially result in Requests for Review under s. 28.
6 CACOLE On May 1, 2010 the Office of the Police Commissioner became a member of the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE). It is an umbrella organization for police oversight bodies from all across Canada. The manager of the Office of the Police Commissioner, Paul Stetson is a director of CACOLE. The Office of the Police Commissioner has agreed to host the annual CACOLE Convention in Charlottetown in June of 2013. Approximately 120 delegates and speakers from across Canada are expected to attend. Expenditures An outline of the expenditures incurred by the Police Commissioner in carrying out his functions under the Police Act during the period Nov. 7, 2009 to December 31 st 2010 is attached to this report as Appendix B Acknowledgments The Office of the Police Commissioner gratefully acknowledges the following officials and staff from the Office of the Attorney General for their help in getting our office up and running: Ellie Reddin, Joanne MacKinnon, Nick Mullen and especially Gordon Garrison.
7 Appendix A Activities of the Police Commissioner and/or Deputy Commissioner and/or Manager Nov. 7, 2009 - DEC. 31, 2010. Developing job description and hiring process for Manager/senior investigator and making arrangements for bookkeeping services. Purchasing office equipment and supplies and setting up office Creating filing system Drafting forms to be used by the Police Commissioner, Manager and Investigators under Parts vii and viii of the Police Act. Preparing Q and A document Conducting in- house training sessions Assisting with development of website Advising members of the public seeking information, advice or direction. Meeting with Police Chiefs and deputy director of Atlantic Police Academy Meeting with the Director of Policing and the Manager of Policing Services Office of the Attorney General
8 Creating powerpoint presentation about the role of the Office of the Police Commissioner Preparing newspaper advertisements Preparing and circulating brochure Preparing investigators manual Traveling to Halifax to meet with Nova Scotia counterparts Holding regular monthly meetings of the Police Commissioner, Deputy Police Commissioner and Manager Attending annual meeting of CACOLE In Fredericton N.B. Doing Television, Radio and Newspaper Interviews Making presentations on the role of the Office of the Police Commissioner to various community groups and organizations Participating in CACOLE directors meetings in Ottawa and by teleconference Making presentation and preliminary arrangements to host CACOLE annual conference in 2013 Setting up Facebook account and page for the Office of the Police Commissioner