Friday, May 3, 2024

Proposed amendments to BC’s Police Act could improve oversight and accountability

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On Thursday, April 4th, the BC government introduced some changes to the Police Act that they say will improve governance and oversight in policing. 

The Province says they want these amendments to “make systemic improvements to the policing and public safety landscape in BC.”

The proposed changes address some of the recommendations from the 2022 Special Committee on Reforming the Police Act and from the 2019 Special Committee to Review the Police Complaint Process. 

BC also says the amendments will address legislative changes that were requested by the Office of the Police Complaint Commissioner (OPCC).

“We count on our police to respond in difficult situations to keep us safe and there are ongoing conversations on how to change policing to keep pace with a changing world, particularly for many Black, Indigenous and other people of minority communities who have had negative experiences with the police,” said Mike Farnworth, Minister of Public Safety and Solicitor General. 

“By focusing on changes to municipal policing, we are setting the foundation for a modern policing system that is fair, equitable and responsive to all communities.”

Specifically, then legislation will make changes to municipal police governance, oversight and police superintendence.

In terms of municipal police governance, the amendments would allow for local governments to determine who their representative on their police board will be. Additionally, the changes would allow members of the police board to elect their chair and vice-chair. 

Presently, a municipality’s mayor is the default local government representative as well as the chair of the police board.

For oversight changes, the OPCC will have new abilities through the amendments, should they be made into legislation. 

The OPCC would be allowed to call public hearings, conduct systemic reviews and investigations and improve effectiveness by creating new procedures. 

According to the OPCC, the ability to self-initiate a systemic investigation will allow them to examine concerns about policing that align with their general oversight responsibilities. This would allow them to be more proactive in systemic issue investigations.

The OPCC says their ability to call a public hearing sooner in the process is important because they are a tool to enhance accountability and transparency in serious matters. 

These hearings occur before a retired judge, appointed by the OPCC, who operates at arm’s length from their office when police officers have committed misconduct. 


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Lastly, the OPCC’s ability to create procedures to improve timeliness, efficiency, and effectiveness of the complaints process because it will allow them to issue guidelines that police must follow when investigating allegations of police misconduct.

In addition to the OPCC’s changes that would come with these changes, the Independent Investigations Office of BC (IIO) say their scope of work will also be expanding. 

“The changes made to the Police Act today extend the jurisdiction of the IIO to include examining the actions of jail guards,” said Ronald J. Macdonald, chief civilian director of the IIO. 

“Up until now, the role a jail guard may have played in the serious harm or death of a person was investigated by police agencies. Moving this responsibility to the IIO enhances the appearance of independence in these important investigations.” 

MacDonald continued by saying that with the over-representation of Indigenous and other equity-owed groups in the justice system, these amendments may help improve treatment and outcomes when an issue of misconduct does arise.”

Victoria Buzz reached out to VicPD to provide their point of view on the new changes, but as of this publication, they have not provided a response. 

Currently, VicPD is dealing with the fallout of an OPCC investigation into alleged corruption that may lead to a massive drug case being thrown out by the courts.

mm
Curtis Blandy
curtis@victoriabuzz.com

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