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NEWS RELEASE
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For Immediate Release June 18, 2010 |
Ministry of Public
Safety and Solicitor General
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B.C. ACTS ON BRAIDWOOD REPORT INTO DZIEKANSKI DEATH
VICTORIA – The provincial government has immediately started work on all recommendations stemming from the Braidwood Commission’s second and final report, “Why? The Robert Dziekanski Tragedy.”
Within the next 12 months, the Province will create a new civilian-led unit to investigate all independent municipal police- and RCMP-related deaths and serious incidents across B.C., Attorney General and Solicitor General Michael de Jong, QC, announced today.
“Mr. Braidwood has done a tremendous job of unravelling and probing all the circumstances surrounding the tragic death of Robert Dziekanski,” said de Jong. “B.C. agrees with the intent, principle and purpose of each of the report’s recommendations.”
The new Independent Investigation Office (IIO) will:
· Be accountable to the Ministry of Attorney General.
· Be led by a civilian who has never served as police officer in Canada.
· Have its powers entrenched in legislation.
· Have a mandate to conduct criminal investigations into police-related incidents involving death or serious harm, with discretion to do other investigations.
“Moving to an IIO model will help prevent in future what played out during the inquiry and is highlighted in the commission’s report – a number of discrepancies between what RCMP officers told investigators in 2008 and what came out at the inquiry,” said de Jong. “Since receipt of this report, the assistant deputy attorney general, Bob Gillen, has determined, and I agree, that it is appropriate to appoint a special prosecutor to review this matter.”
All other recommendations were accepted by the Province, and include:
· B.C.’s attorney general to urge the federal government to ensure that the Canada Border Services Agency and Vancouver Airport Authority:
· Improve tracking of international passengers through customs.
· Implement systems that allow for communication between passengers and people who are there to greet them.
· Provide interpreter services.
· Enhance security and medical response policies.
· B.C.’s solicitor general to report to the legislative assembly within two years on the status of all the recommendations in the report, including an explanation if one or more have not been met by that time.
The 470-page report details facts surrounding Dziekanski’s death in October 2007 at Vancouver International Airport and makes recommendations to the Province, Canada Border Services Agency and others.
The recommendations contained in this report build on actions the Province has taken since Braidwood’s first report last July, including severely restricting the use of Tasers by all police, sheriff’s and corrections officers, and developing standardized police training for Taser use, crisis intervention, and responding to emotionally disturbed people.
The report can be found at http://braidwoodinquiry.ca/report.
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A backgrounder follows.
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Media Contacts:
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Public Affairs Bureau Ministry of Public Safety and Solicitor General 250 356-6961
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Public Affairs Bureau Ministry of Attorney General 250 387-4962
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For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at www.gov.bc.ca.
BACKGROUNDER
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For Immediate Release June 18, 2010 |
Ministry of Public
Safety and Solicitor General
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RECOMMENDATIONS AND ACTION ON SECOND BRAIDWOOD REPORT
Braidwood’s second commission, concerning the death of Robert Dziekanski, produced the report, “Why? The Robert Dziekanski Tragedy.” Below is a summary of provincial action on each of the report’s recommendations.
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Summary of Recommendations |
Action Plan |
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1-4. To Canada Border Services Agency (CBSA), regarding processing of passengers and interpretation services for arriving international passengers; and to CBSA and Vancouver Airport Authority (VAA) on communication between arriving passengers and their greeters. |
The attorney general has accepted these recommendations and has written the federal minister. It is expected the recommendations may have policy, operational or financial implications for CBSA. The attorney general will remain in contact with the federal minister on CBSA’s response. |
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Mr. Braidwood addressed this recommendation directly to Vancouver Airport Authority. No provincial role is stated. |
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The BCAS provides public ambulance service under the authority of the Emergency and Health Services Commission. The Province expects the BCAS will collaborate with VAA and the other named first responder organizations to fulfil the commissioner’s recommendations regarding planning and training. |
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The solicitor general has accepted this recommendation. His ministry will work to ensure relevant federal departments and Vancouver Airport Authority share progress updates with the Province on a regular basis. In turn, this will contribute to a progress report, within two years, that details both progress and any challenges encountered in implementing the recommendations. |
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The Province has accepted this recommendation and will develop a civilian-based IIO. |
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B) That the IIO has a mandate to investigate police-related incidents involving the death or serious harm of a person, or the contravention of a law by a police officer. |
The IIO will have a mandate to conduct criminal investigations into police-related incidents involving death or serious harm, with some discretion to do other investigations. |
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C) That the IIO be accountable to the Ministry of Attorney General. |
The Province has accepted this recommendation and recognizes the need for the IIO to be accountable to a ministry unrelated to the provision of police services, which falls under the Ministry of Public Safety and Solicitor General. |
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D) That the IIO be led by a director who is neither a current or former police officer, appointed for a fixed and renewable term of five or six years. |
The Province has accepted this recommendation and will structure the director’s order-in-council appointment accordingly. |
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E) That no member of the IIO shall have served anywhere in Canada as a police officer. |
The Province supports civilian oversight and use of civilian investigators. We also want to ensure that in any particular case, investigators are able to draw upon individuals with the highest level of skills and expertise to complete that investigation. |
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F) Notwithstanding E) above, that the IIO may include former police officers during its first five years of operation. |
This will require further consideration and review to ascertain the most appropriate skill sets to staff the investigations. |
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G) That the IIO have specific, essential powers entrenched in legislation. |
The Province will establish and empower the IIO through legislation, details of which will take shape during the drafting process. The commissioner’s recommendations about the IIO’s powers will be considered. |
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H) That a special prosecutor be appointed for every police-related incident assigned to the IIO. |
We will ensure that prosecutorial independence is a fundamental component of investigations referred to the IIO. |
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I) That the provincial Ombudsperson have jurisdiction over the IIO. |
The Province agrees that a legislative officer have oversight responsibilities for the IIO. We will consult to determine whether that is best achieved by the Ombudsperson or by the Office of the Police Complaint Commissioner. |
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Media Contacts:
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Public Affairs Bureau Ministry of Public Safety and Solicitor General 250 356-6961
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Public Affairs Bureau Ministry of Attorney General 250 387-4962
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For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at www.gov.bc.ca.
