Image Credit: The Canadian Press

By James Peters

Independent Investigations Office

B.C. AG says proposed changes to IIO necessary, but go against civilian mandate

Apr 30, 2019 | 4:43 PM

KAMLOOPS — BC’s Attorney General says changes to the Independent Investigations Office (IIO) he tabled this week go against the spirit of the IIO’s creation.

But David Eby adds the temporary changes are needed to address a recruiting shortfall for the agency that investigates incidents in which the actions of police officers result in death or serious injury.

In the B.C. Legislature this week, Eby proposed changes that would relax a rule that prevented the IIO from hiring any investigators who were within five years of their departure from active policing in B.C.

The amendment was tabled with a two-year sunset clause, meaning the five-year rule would return to force two years after the legislation is passed.

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Speaking to CFJC’s Balance of Power this week, Eby noted it was in his previous roles with the BC Civil Liberties Association and Pivot Legal Society that he helped spur the creation of the IIO.

He says the five-year window was important at the time of the IIO’s creation because it supported the agency’s mandate as a civilian investigative body — not cops investigating cops.

“We believed that [civilian oversight] would be a better process for review of police actions that involve death and serious harm,” said Eby. “So to move away from the model and to have recently retired (officers), perhaps, or police officers who have recently left service coming in does indeed go against the intention that this would be a full civilian body.”

However, Eby notes the agency has become backlogged with files thanks to a lack of investigators.

“The challenge has been recruitment of civilians who have the necessary investigative backgrounds.

The (IIO) asked the government to relax the five-year rule for a couple of years so that they can do hiring, bring some folks in to do training of their civilian investigators and ensure that they have enough investigators to do timely investigations.”

The attorney general says he believes the amendments will balance the need for civilian oversight with the rights of all parties involved in investigations.

“When a police officer uses lethal force, that officer, in my opinion, has a right to a prompt investigation and a decision about whether or not they followed policies and procedures. The same for families of individuals who are injured or killed by police.”

Another change proposed by Eby would result in the standard for referral to Crown counsel to the same standard as police in B.C. In other words, only cases in which the IIO believes there is a reasonable likelihood of charge approval will be forwarded to the Crown.