IIU I NDEPENDENT I NVESTIGATION U NIT OF M ANITOBA 2017 - 2018 ANNUAL REPOR T ACCOUNTABLE PRINCIPLED IMPARTIAL ATTORNEY GENERAL MINISTER orjue'nce Ruum ill-l Hut-Ming ??intlil?n'g. Munitnlut CANADA The Honourable Janice Filmon, (1M, 0M. Lieutenant-Govemor of Manitoba Room 235 Legislative Building Winnipeg MB R3C (WE MAY lT PLEASE YOUR HONOUR: It is my pleasure to present the 20! 3? Annual Report qftne Independent Investigation Unit of Manitoba. This report details the Independent Investigation Unit?s activities for the 20] 7f] 3 fiscal year. Respeet?ilbr submitted, Original signed by the Honourable Cliff Cullen Honourable Cliff Cullen Minister of Justice General IIU I NDEPENDENT I NVESTIGATION U NIT OF M ANITOBA 700 – 155 Carlton Street Winnipeg MB R3C 3H8 phone 204.948.7000 toll - free 1.844.667.6060 www.iiumanitoba.ca The Honourable Cliff Cullen Minister of Justice and Attorney General Room 104 Legislative Building Winnipeg, MB R3C 0V8 Dear Minister: Re: Independent Investigation Unit of Manitoba 2017/18 Annual Report In accordance with section 64(1) of The Police Services Act, I am pleased to submit the 2017/18 annual report of the Independent Investigation Unit of Manitoba. This report details the Independent Investigation Unit’s activities for this fiscal year. Yours truly, Original signed by Zane Tessler Zane Tessler Civilian Director ACCOUNTABLE PRINCIPLED IMPARTIAL IIU UNITÉ D ’ ENQUÊTE I NDÉPENDANTE DU M ANITOBA 155 rue Carlton, bureau 700 Winnipeg (Manitoba) R3C 3H8 tél 204 948.7000 sans frais 1 844 667.6060 www.iiumanitoba.ca Monsieur Cliff Cullen Ministre de la Justice et procureure générale Palais législatif, bureau 104 Winnipeg (Manitoba) R3C 0V8 Objet : Rapport annuel 2017-2018 de l’Unité d’enquête indépendante du Manitoba Monsieur le Ministre, Conformément au paragraphe 64(1) de la Loi sur les services de police, j’ai l’honneur de vous présenter le rapport annuel 2017-2018 de l’Unité d’enquête indépendante du Manitoba. Ce rapport présente en détail les activités de l’Unité d’enquête indépendante pour l’exercice en cours. Je vous prie d’agréer, Madame la Ministre, l’expression de ma haute considération. Le directeur civil, Original signed by Zane Tessler M. Zane Tessler RESPONSABILITÉ FIDÉLITÉ À DES PRINCIPES IMPARTIALITÉ CONTENTS Message from the Civilian Director............................................................. 1 About the IIU............................................................................................... 2 Mission Statement....................................................................................... 3 Vision Statement......................................................................................... 3 Our Values................................................................................................... 3 Civilian Oversight in Canada....................................................................... 3 The Make-Up of the IIU............................................................................... 4 Organizational Chart................................................................................... 5 IIU Investigative Process.............................................................................. 7 IIU’s Obligations under the Victims’ Bill of Rights....................................... 8 A Year in Review.......................................................................................... 9 Statistical Information 2017-2018............................................................. 11 Financials................................................................................................... 19 Glossary of Terms...................................................................................... 20 MESSAGE FROM THE CIVILIAN DIRECTOR I am pleased to present the Independent Investigation Unit’s 2017‑2018 Annual Report. This annual report represents the third of its kind (and the second full year of operation of the IIU). This year, the IIU experienced several staffing vacancies as a result of retirements, new opportunities and the sudden passing of a dear and honored colleague. The investigative team was called upon to do what was necessary to ensure the Unit was operating at the level required. I am very proud of the professionalism and integrity displayed by each member of the IIU in the discharge of their important work. This year saw a significant increase in several key areas: number of notifications (74), number of investigations undertaken by IIU (40) and number of officer-involved shootings (7). The fall of 2017, in particular, saw a significant draw on IIU resources as several major incidents arose (including a fatal motor vehicle collision involving a member of the Winnipeg Police Service). The efforts demonstrated by all members of the IIU through these difficult times were greatly appreciated. This year, we bid farewell to Catherine Light, director of investigations and one of the founding members of the IIU. Catherine was a driving force at the IIU. Her vision, planning and work ethic were critical as we moved from concept to operational status. Her unwavering dedication to the IIU and the investigative team will be sorely missed. We thank her for everything she has done and accomplished for and on behalf of the Unit. It was our pleasure to have worked side by side with Catherine and we wish her much success in her future endeavors. We also said goodbye and good luck to senior investigators Barry Hogan and Cecil Sveinson. Barry was among the initial team of investigators when the IIU became operational in 2015. Barry was a very well-respected member of the team, bringing years of experience from his time with the RCMP and from his international work with the United Nations war crimes investigations. Cecil was the IIU’s first secondment, being a member of the Winnipeg Police Service when he joined us in the spring of 2016. Cecil’s unique perspectives and insight brought a significant level of expertise to the investigative team and we were honoured to have worked with him through his tenure here. We wish both Barry and Cecil the very best in their retirements. I would also take this opportunity to honour the memory of Robert Bruce Frame (1965-2017). Rob, one of the inaugural senior investigators of the IIU, passed away suddenly this year. Rob was a wonderful colleague, friend and mentor to everyone at IIU. Our sympathies are extended to Rob’s family, his wife and children. He will be deeply missed and always in our thoughts. This year also saw the addition of two civilian investigators to our investigative team. These two individuals, neither of whom were current or former members of any police service in Canada, brought years of experience in oversight investigations to the IIU and both are welcome additions to the Unit. Manitoba will host the 2018 Canadian Association for Civilian Oversight of Law Enforcement (CACOLE) annual national conference scheduled for the Fairmont Winnipeg from May 27-30, 2018. Delegates from across Canada, the United States, Trinidad and Tobago and Jamaica will attend to share experiences and discuss issues of common interest during this conference. As president of CACOLE, I have the honour and privilege to serve as the conference chair this year. Significant planning and preparations are underway and I am very hopeful the conference will be a success. Continued... INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 1 ABOUT THE IIU In closing, I want to express my gratitude to all the men and women who work at the IIU. The nature of this demanding work is not easy. It is compounded by times of intense public scrutiny and pressures. These men and women work with pride, dedication and integrity. I know that what they do plays an extremely important role in the administration of justice, in upholding the rule of law and in furthering the mandate of civilian oversight of Manitoba’s law enforcement services and members. It is my personal honour to work with these fine people. Original signed by Zane Tessler Following the recommendations of the Taman Inquiry in 2008 and the earlier Aboriginal Justice Inquiry, as well as reviews of best practices in other jurisdictions and extensive consultations with key stakeholders, Manitoba introduced The Police Services Act in 2009. The new act replaced the antiquated Provincial Police Act and changed and modernized policing in the province. Among the major changes in the new legislation was the establishment of Manitoba’s first civilian-led Independent Investigation Unit (IIU). This office is mandated to conduct transparent and independent investigations of all serious incidents involving police officers in Manitoba, whether occurring on or off duty. The IIU is a civilian agency, operating independently from the Department of Justice and all police agencies in the province of Manitoba. Zane Tessler The IIU must assume investigations into matters where, in the course of an interaction with police, a person has died or a serious injury has occurred; or where a police officer may have contravened a prescribed provision of the Criminal Code or another federal or provincial enactment. Civilian Director The IIU has the authority to investigate and provide oversight on all criminal allegations involving police officers in the province, including First Nations, RCMP and municipal police forces. There are 13 policing agencies in the Province of Manitoba and approximately 2,804 police officers. PAGE 2 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT MISSION STATEMENT CIVILIAN OVERSIGHT IN CANADA The Independent Investigation Unit of Manitoba investigates serious incidents involving the police, with integrity, professionalism and efficiency to ensure the respect and trust of all Manitobans. There are six civilian oversight agencies across Canada. While the mandate of each agency may be slightly different, consultation and assistance has occurred between these agencies to strengthen and establish best practices. ■■ Ontario (1990): Special Investigations Unit (SIU) VISION STATEMENT Building the confidence of all Manitobans with respectful, impartial and comprehensive investigations. ■■ Alberta (2008): Alberta Serious Incident Response Team (ASIRT) ■■ Nova Scotia (2012): Serious Incident Response Team (SiRT) ■■ British Columbia (2012): Independent Investigations Office of British Columbia (IIO) ■■ Manitoba (2015): Independent Investigation Unit of Manitoba (IIU) ■■ Québec (2016): Bureau des Enquêtes Indépendantes (BEI) OUR VALUES Newfoundland & Labrador’s legislation to create a similar unit was passed in 2017 and work is ongoing in that jurisdiction to establish a civilian oversight agency. ■■ Accountable ■■ Principled ■■ Impartial ■■ Independent ■■ Objective ■■ High Investigative Standards ■■ Timeliness ■■ Thoroughness INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 3 THE MAKE-UP OF THE IIU CIVILIAN DIRECTOR ■■ The team commander is responsible for managing investigations and commanding the IIU investigative team. The team commander deploys investigators to incidents where it appears the actions of a police officer may have caused a death or serious injury1 or contravened Canada’s Criminal Code or other laws. In accordance with The Police Services Act (PSA), the civilian director must not be a current or former member of a police service or the RCMP. The civilian director is accountable for the administration and operation of the IIU. The civilian director provides leadership to and oversees the investigators and support staff of the unit. By law, the civilian director is required to exercise independent judgment and act independently of all agencies in making operational decisions about investigations conducted under the PSA. The team commander is on-call 24 hours a day, seven days a week, dispatching the IIU investigators. The team commander assesses investigative information and determines the appropriate level of response, priority and course of action. When the IIU has been notified of an incident by a chief of police, and the incident meets the mandate of the IIU, the team commander will assign a primary investigator and as many additional investigators as required. IIU INVESTIGATIVE TEAM The IIU investigative team may consist of current or former members of a police service in Manitoba or Canada or current or former members of the RCMP. An IIU investigator may also be a civilian with investigative experience. All investigators must have met the prescribed qualifications and experience in order to be hired and are under the sole command of the civilian director. ■■ Investigators assess information received from police agencies, attend on scene, report incidents, and determine an appropriate level of response and how best to carry out an efficient investigation. They also evaluate the need for specialized assistance and support such as identification, forensic services or surveillance, and determine what evidence is required and who should be interviewed. The IIU investigative team consists of the following key positions: DIRECTOR OF INVESTIGATIONS The director of investigations supervises the IIU team commander and integrated investigative team.   The director of investigations plays a crucial and direct role in identifying all critical and emerging human resource, policy, investigative and risk-management issues, and supports and manages the strategic goals of the IIU. PAGE 4 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT SENIOR INVESTIGATORS Reporting to the team commander of the IIU, investigators are responsible for investigating assigned incidents under the PSA. All investigators have the powers, duties, privileges and protections of a peace officer and constable. ■■ TEAM COMMANDER In accordance with the Independent Investigations Regulation, IIU investigators must have experience in major crime investigations or experience conducting and managing a wide range of complex investigations. Serious Injury is defined in the Independent Investigations Regulation 99/2015 – see Glossary of Terms for definition. 1 ORGANIZATIONAL CHART ADMINISTRATIVE TEAM INDEPENDENT INVESTIGATION UNIT OF MANITOBA The administrative team is responsible for the administration of the IIU office in conjunction with the civilian director. This team supports the investigative team administratively and operationally. CIVILIAN DIRECTOR The IIU administrative team consists of the following key positions: ■■ DIRECTOR OF STRATEGIC POLICY AND COORDINATION The director of strategic policy and coordination (SPC) develops and implements policies for the IIU to ensure that all investigations conducted are professional, effective and consistent. The SPC makes recommendations to support and enhance operational, investigative and administrative policies. The SPC also manages and analyzes procedural/systems reviews, feasibility studies and cost benefit studies to help ensure the effective and efficient operation of the IIU. ■■ DIRECTOR OF STRATEGIC POLICY & CO-ORDINATION OFFICE MANAGER DIRECTOR OF INVESTIGATIONS INFORMATION ADMINISTRATOR TEAM COMMANDER OFFICE MANAGER The office manager is responsible for administration of the IIU office, including purchasing, invoice payments and human resources, as well as providing dedicated support to the civilian director. ■■ INFORMATION ADMINISTRATOR The information administrator (IA) is responsible for coordinating, verifying and organizing documents and other information pertaining to an investigation. The IA ensures that compliance requirements have been met to ensure the integrity of the records management process. SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR SENIOR INVESTIGATOR INVESTIGATIVE TEAM The IA is responsible for file management, document preparation, analysis and linking of information, scanning and exhibits. The IA organizes incoming data for entry into an electronic major case management application. INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 5 IIU INVESTIGATIVE PROCESS NOTIFICATION The IIU investigative team is responsible for: It is the responsibility of a chief of a police service to notify the IIU when a police officer is at a scene or the subject of a complaint or an investigation where they may have caused the death of or serious injury to a person, or otherwise engaged in conduct that could constitute a contravention of a prescribed offence. ■■ safety of all persons on scene A notification must be made in accordance with timelines outlined in the PSA to allow the IIU to determine whether its mandate is met and if so, to deploy and assume jurisdiction of the investigation. In matters other than mandatory investigations, the IIU may decline jurisdiction, perform a monitoring role or assume jurisdiction. (See Glossary of Terms.) CIVILIAN MONITOR If it appears that a police officer may have caused the death of a person, the IIU civilian director must ask the chair of the Manitoba Police Commission to assign a civilian monitor to the investigation. The civilian director may also request a civilian monitor in any other case where he considers it in the public interest to involve a monitor. The civilian monitor program falls under the mandate of the Manitoba Police Commission. INVESTIGATION Once the civilian director determines the IIU should investigate an incident, an investigative team is assigned. The director of investigations and team commander decide on the number of investigators to be deployed and assign their roles. PAGE 6 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT ■■ preservation of life and treatment of injured ■■ scene examination and securing of physical evidence ■■ documentation of scene ■■ identifying and securing cooperation of witnesses ■■ seizing of police equipment for forensic examination ■■ consulting with the medical examiner if there has been a death ■■ notifying next of kin The IIU investigative team performs all tasks required in order to gather all the facts and evidence required for each file. Throughout the course of the investigation, the investigative team prepares internal reports and attends briefings in order to keep the director of investigations and team commander apprised of all aspects of the investigation. REPORTING Upon completing the investigation, the primary investigator submits a report to the civilian director that outlines all aspects of the investigation. If the civilian director determines an officer has committed an offence, he may lay charges against the subject officer or refer the matter to Manitoba Prosecution Service for a Crown opinion as to whether the officer should be charged. If the civilian director determines that no charges are warranted, or the Crown advises there is no reasonable likelihood of conviction, all parties involved are advised of that decision and the civilian director prepares a final report. That final report sets out the details and circumstances of the incident as well as the reasons for the civilian director’s decision. This final report is publicly released. In most cases the final report is published on the IIU website once the investigation has been concluded. However, in some instances, an individual may have outstanding charges before the courts arising out of the incident; in those circumstances, the final report will be published only once the charges have been dealt with the by the Court. The civilian director will issue a media release advising of the outcome of the investigation but the final report will not be published until a later date. In every investigation, the IIU strives to strike the proper balance between disclosing as much information as possible to the public while guarding the privacy of affected persons, protecting witness confidentiality and maintaining the integrity of the investigation. MONITORING Under section 74 of the Police Services Act, the IIU can assume a monitor role in an investigation led by a police service. When this type of role is assumed in an incident, the IIU formally requests, in accordance with the legislative mandate, all documentary and recorded evidence and information that was obtained in the investigation conducted by the policy agency. A briefing is arranged by an IIU senior investigator and the police agency contact to review the file. At the conclusion of the agency’s investigation, it provides written notice to the IIU that its investigation is complete and confirms that the IIU has received a copy of the full investigative file. Upon receipt of that written confirmation and the full investigative file, the IIU reviews all the material to ensure the investigation is comprehensive and complete. INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 7 IIU’S OBLIGATIONS UNDER THE VICTIMS’ BILL OF RIGHTS In June, 2015, The Victims’ Bill of Rights was amended to include the IIU as a law enforcement agency under this legislation. In keeping with its obligations under The Victims’ Bill of Rights, the IIU ensures the affected person(s) and/or designated contact(s) are kept apprised of the status and outcome of the investigation. A senior investigator is assigned to liaise with the affected person(s) and/or designate(s) and answer any questions they may have about the process or the investigation. The IIU ensures, whenever possible, that the affected person(s) and/or designated contact(s) are advised of the outcome of the investigation prior to the public release of that information. A YEAR IN REVIEW The IIU became operational on June 19, 2015. The fiscal year 2017/18 marks two years and nine months of operations. This year the IIU saw a significant increase in notifications. In 2016/17, our first full year of operations, the IIU was notified of 50 incidents. In our second full year, 2017/18, the IIU received 74 notifications. There were also seven officer-involved shooting incidents reported to the IIU, an increase of five from the previous year. This is a significant increase for a province our size. At the beginning of this fiscal year, the investigative and administrative teams were at full staffing compliment. In August 2017, the departure of the director of investigations resulted in the position being vacant for the remainder of the year. In addition to the director of investigation position becoming vacant, there were also three investigative positions that became vacant as a result of a secondment ending, a retirement, and a death. With the assistance and dedication of our staff, IIU operations were maintained at the level of excellence demanded. The IIU staff worked diligently to ensure the operational and administrative needs of the unit were met and the level of service and quality of investigations were preserved and upheld. The work and dedication of the IIU staff during this time is to be commended. The challenges placed on the investigative team were extreme and required hard work and dedication in order to meet our mandate. An open competition for the director of investigation position was held in January and the position was filled effective March 26, 2018. Two of the investigative positions were filled in June 2017 and the remaining position is anticipated to be filled in the early part of the fiscal year 2018/19. PAGE 8 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT This year also saw the IIU hire its first two investigators with no policing background; one had experience as an investigator with the Independent Investigation Office of British Columbia (IIO) and was a member of the coroner’s office in British Columbia, while the the other was an investigator for Workplace Safety and Health in Manitoba for over 10 years. As in previous years, the IIU made presentations across the province to community groups, First Nations representatives and police organizations on the IIU’s role and mandate. These presentations continue to be an important tool for the IIU in educating members of police agencies and the general public on the role of our investigators, any involved officer or other involved person. The IIU has become part of the training curriculum for the First Nations Safety Officer training program. Through opportunities such as these, the IIU is able to stress the importance of timely notifications as well as full and prompt disclosure from the involved agencies. The IIU continues to work with police agencies in Manitoba to ensure that information required to advance an investigation is provided to the IIU in a timely fashion. While the legislation outlines the obligations of police agencies and the IIU in an investigation, discussions continue between all parties to ensure issues are resolved or recommendations for legislative change are advanced. The IIU continues to maintain a website and Twitter account that references all media releases, final reports and annual reports of the civilian director. In addition to this material, there is information on the website to assist the public in understanding the IIU’s role and mandate as well as links to helpful information related to the IIU. INVESTIGATIVE HIGHLIGHTS In 2017/18 there was an increase in the number of notifications and in the number of IIU investigations commenced. During this fiscal year 74 notifications were received, representing a 48% increase in notifications from the previous year. Of those 74 notifications, 40 resulted in the IIU commencing an investigation. In 2017/18 we also saw a significant increase in officer-involved shootings in Manitoba. There was a total of seven officer-involved shootings reported to the IIU, an increase of five from the previous year. These investigations require intense and immediate investigation. A substantial portion of these incidents occurred within a short time period thereby increasing the pressure on the short-staffed team as the investigations overlapped, creating an intense period of critical work. The investigative team has worked tirelessly in ensuring that these matters are investigated as thoroughly and expeditiously as possible. It is worth mentioning again the dedication and professionalism of the investigative team in conducting these investigations with the staffing shortage presented to us this year. In addition, when the IIU receives a notification where a deployment is required, there are a lot of moving parts that need to be coordinated and considered. The investigative team has been able to respond to each notification in a timely fashion due in part to the efforts of our provincial counter-parts. We would like to take this opportunity to thank Provincial Air Services, Vehicle and Equipment Management Agency, and Manitoba Conservation for providing assistance with investigations in remote locations. The efforts and cooperation of these provincial agencies has assisted the IIU in meeting its operational demands. INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 9 TRAINING The IIU is committed to ongoing training of its investigative and administrative teams. The overall goal is to support the enhancement of investigative excellence and continuous improvement. An IIU in-house training and continuous learning model was created in 2016/2017 and continues to be developed and enhanced. The overall learning emphasis is based on topics and subject matter relevant to independent investigations. To date, training sessions have included topics such as technology, critical incidents involving police officers, police use of force, hindsight bias, changes to the Criminal Code, Canadian Police Information Centre (CPIC), as well as annual qualifications and re-certification of intervention equipment for IIU investigators. As relevant issues arise and training needs are identified, the IIU will continue to mold its training program to incorporate all such topics that are relevant and necessary for independent investigations. PAGE 10 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT STATISTICAL INFORMATION 2017-2018 During the 2017-2018 fiscal year, the IIU opened 74 files, an increase of 24 files from the previous fiscal year. Of those 74 files, 40 investigations were commenced. NOTIFICATIONS INVESTIGATIONS If the incident relates to a death or serious injury the IIU must assume responsibility for the investigation and deploy an investigative team. In the fiscal year 2017-2018, the IIU received 74 notifications under Part 7, Division 2 of The Police Services Act. Number of investigations started2 in 2017-2018 40 Number of investigations concluded3 in 2017-2018 36 Number of charges laid 8 If the incident does not relate to a death or serious injury, the civilian director will review the information provided by the police agency and determine what role, if any, the IIU will assume in the investigation. Of the 74 notifications the IIU received in this reporting period, the Unit assumed jurisdiction on 40 investigations, declined jurisdiction on eight and performed a monitor role on 24 investigations. In addition, two notifications are still under review pending receipt of further information to determine if the incident meets the mandate of the IIU. (See Glossary of Terms for definitions.) Charges laid: ■ Assault Cause Bodily Harm (s. 267 (b) CC) ■ Drive Impaired Cause Death (s. 255(3) CC) ■ Fail to Stop at Scene (s. 252(1.3)(b) CC) ■ Drive Dangerous Cause Death (s. 249(4) CC) ■ Drive Dangerous (s.249(1)(a) CC) ■ Drive Over .08 Cause Death (s. 255(3.1) CC) TOTAL NOTIFICATIONS BY AGENCY 2017-2018 ■ Assault (s.266 CC) ■ Careless Storage of Firearm (s. 86(1) CC) Number of investigations where civilian monitor appointed 5 5 7% 2 6 3% 8% 34 46% 27 36% Investigations where the IIU has assumed jurisdiction over an incident. This does not include any incidents where the IIU has assumed a monitor role or incidents where the IIU has declined jurisdiction. 3 An investigation is concluded upon the determination of the IIU civilian director. 2 RCMP – Royal Canadian Mounted Police WPS – Winnipeg Police Service DOPS – Dakota Ojibway Police Service BPS – Brandon Police Service MORDEN PS – Morden Police Service n RCMP n WPS n DOPS n BPS n MORDEN PS INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 11 TOTAL NOTIFICATIONS BY AGENCY 2017-2018 IIU Notifications RCMP 34 WPS 27 DOPS 5 BPS 6 MORDEN PS 2 Total Notifications 74 IIU Monitor Role RCMP 14 WPS 4 DOPS 3 BPS 3 Total Monitor Incidents 24 Decline Jurisdiction RCMP 2 WPS 2 DOPS 1 BPS 1 MORDEN PS 2 Total Declined Incidents 8 Assume Jurisdiction RCMP 17 WPS 20 DOPS 1 BPS 2 Total Assume Jurisdiction Incidents 40 Notifications Under Review For Mandate RCMP 1 WPS 1 Total Review for Mandate 2 PAGE 12 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT TOTAL NOTIFICATIONS BY FISCAL YEAR 11 Monitor Role 22 24 17 27 Assume Jurisdiction 40 Decline (Not within Mandate) Currently Under Review for Mandate 1 1 8 0 0 2 0 5 10 15 n 2015-2016 20 25 30 n 2016-2017 40 35 n 2017-2018 Currently Under Review for Mandate Fiscal Year Monitor Role Assume Jurisdiction Decline (Not within Mandate) 2015-2016 11 17 1 – 2016-2017 22 27 1 – 2017-2018 24 40 8 2 RCMP – Royal Canadian Mounted Police WPS – Winnipeg Police Service DOPS – Dakota Ojibway Police Service BPS – Brandon Police Service MORDEN PS – Morden Police Service TYPES OF NOTIFICATIONS BY AGENCY 2017-2018 Total Notifications Per Agency 2017-2018 WPS DOPS BPS MORDEN PS Totals 34 27 5 6 2 74 Prescribed Offence 1 1 0 1 0 3 Provincial Statute 0 0 0 1 0 1 19 6 5 2 1 33 In Custody Criminal Code Offence Other 4 2 0 1 0 7 Serious Injury 0 1 0 0 0 1 In Custody Serious Injury 0 1 0 0 0 1 Serious Injury During Arrest 3 3 0 0 0 6 In Custody Death 0 1 0 0 0 1 Death in Police Presence (Firearm) 1 0 0 0 0 1 Death (Other) 0 1 0 0 0 1 Injury During Arrest 1 4 0 0 1 6 Motor Vehicle Pursuit (Serious Injury) 1 1 0 0 0 2 Officer Involved Shooting (Death) 1 2 0 0 0 3 Officer Involved Shooting (Serious Injury) 1 3 0 0 0 4 Other 2 1 0 1 0 4 Criminal Code Offence Other TYPES OF NOTIFICATIONS RCMP RCMP – Royal Canadian Mounted Police WPS – Winnipeg Police Service DOPS – Dakota Ojibway Police Service BPS – Brandon Police Service MORDEN PS – Morden Police Service INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 13 TYPES OF NOTIFICATIONS BY AGENCY BY FISCAL YEAR 0 1 1 0 0 1 Prescribed Offence Provincial Statute 1 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 3 7 Criminal Code Offence Other 1 1 12 10 2 6 19 1 1 In Custody Criminal Code Offence Other 1 Serious Injury In Custody Serious Injury 2 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 5 3 3 0 1 0 1 In Custody Death 2015-2016 2016-2017 2017-2018 2015-2016 2016-2017 2017-2018 3 1 1 1 1 0 0 1 1 1 1 1 0 0 1 1 0 0 1 1 1 0 1 0 Death in Police Presence (Firearm) Death (Other) Injury During Arrest Injury During Arrest (Police Service Dog) Motor Vehicle Pursuit (Death) Motor Vehicle Pursuit (Serious Injury) Officer Involved Shooting (Death) Officer Involved Shooting (Serious Injury) 1 2015-2016 2016-2017 2017-2018 2015-2016 2016-2017 2017-2018 1 1 4 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 2015-2016 2016-2017 2017-2018 1 2 2015-2016 2016-2017 2017-2018 2 3 2015-2016 2016-2017 2017-2018 1 2015-2016 2016-2017 2017-2018 2 1 0 0 Other 2 0 1 5 10 15 n RCMP 1 2 1 Serious Injury During Arrest (Police Service Dog) PAGE 14 2 2015-2016 2016-2017 2017-2018 2 Serious Injury During Arrest 5 1 4 1 0 1 1 1 1 2015-2016 2016-2017 2017-2018 2 INDEPENDENT INVESTIGATION UNIT OF MANITOBA n WPS 20 n DOPS n BPS 2017-2018 ANNUAL REPORT 25 n MORDEN PS 30 35 TYPES OF OCCURRENCES BY PERCENTAGE 2017-2018 OIS (Serious Injury) 5% OIS (Death) 4% TYPES OF OCCURRENCES BY PERCENTAGE BY FISCAL YEAR Other 5% MV Pursuit (Serious Injury) 3% Prescribed Offence 4% Provincial Statute 1% Serious Injury Serious Injury During Arrest CC Offence Other 45% Serious Injury During Arrest (Police Service Dog) In Custody Death In Custody Death 1% Serious Injury During Arrest 8% In Custody Serious Injury 1% In Custody Criminal Code Offence Other In Custody Serious Injury Injury During Arrest 8% Death (Other) 1% Death in Police Presence (Firearm) 1% Death in Police Presence (Firearm) Serious Injury 1% 41% Criminal Code Offence Other Death (Other) In Custody CC Offence Other 9% Injury During Arrest Injury During Arrest (Police Service Dog) Motor Vehicle Pursuit (Death) Motor Vehicle Pursuit (Serious Injury) Officer Involved Shooting (Death) Officer Involved Shooting (Serious Injury) RCMP – Royal Canadian Mounted Police WPS – Winnipeg Police Service DOPS – Dakota Ojibway Police Service BPS – Brandon Police Service MORDEN PS – Morden Police Service Other Prescribed Offence Provincial Statute 52% 45% 3% 6% 9% 3% 0% 1% 3% 6% 1% 10% 12% 8% 0% 2% 0% 3% 6% 1% 7% 2% 1% 0% 0% 1% 7% 4% 8% 3% 0% 0% 7% 2% 0% 0% 2% 3% 10% 0% 4% 0% 4% 5% 0% 0% 5% 0% 2% 4% 0% 0% 1% 0% 10% n 2015-2016 20% 30% 40% n 2016-2017 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 50% 60% n 2017-2018 2017-2018 ANNUAL REPORT PAGE 15 TYPES OF OCCURRENCES BY FISCAL YEAR Types of Occurrences Criminal Code Offence Other 2015-2016 (June 19, 2015March 31, 2016) NUMBER OF MALE AND FEMALE AFFECTED PERSONS BY OCCURRENCE TYPE 2017-2018 2016-2017 2017-2018 Types of Occurrences Male Female Criminal Code Offence Other 8 3 12 26 33 In Custody Criminal Code Offence Other 1 3 7 In Custody Criminal Code Offence Other 1 3 Provincial Statute 0 0 1 In Custody Serious Injury 1 0 Serious Injury 1 0 1 Serious Injury During Arrest 5 1 In Custody Serious Injury 1 3 1 Serious Injury 1 0 Serious Injury During Arrest 3 6 6 In Custody Death 1 0 Serious Injury During Arrest (Police Service Dog) 0 1 0 Injury During Arrest 1 3 In Custody Death 1 3 1 Motor Vehicle Pursuit (Serious Injury) 4 2 Death in Police Presence 0 0 0 3 0 Death in Police Presence (Firearm) 2 1 1 Officer Involved Shooting (Death) Death (Other) 0 0 1 Officer Involved Shooting (Serious Injury) 4 0 Injury During Arrest 2 2 6 Prescribed Offence 0 1 Injury During Arrest (Police Service Dog) 1 0 0 29 13 Motor Vehicle Pursuit (Death) 2 1 0 Motor Vehicle Pursuit (Serious Injury) 0 1 2 Officer-Involved Shooting (Death) 3 0 3 Officer-Involved Shooting (Serious Injury) 0 2 4 Prescribed Offence 0 1 3 Other 0 0 4 Totals 29 50 74 PAGE 16 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT Totals NUMBER OF MALE AND FEMALE AFFECTED PERSONS BY OCCURRENCE TYPE BY FISCAL YEAR 0 1 1 Prescribed Offence 2015-2016 2016-2017 2017-2018 2 Criminal Code Offence Other 6 6 8 In Custody Criminal Code Offence Other 1 1 1 Serious Injury 1 0 1 2015-2016 2016-2017 2017-2018 20 3 2015-2016 2016-2017 2017-2018 2 3 2015-2016 2016-2017 2017-2018 1 In Custody Serious Injury 2015-2016 2016-2017 2017-2018 3 1 3 Serious Injury During Arrest 2015-2016 2016-2017 2017-2018 6 5 1 1 In Custody Death 2015-2016 2016-2017 2017-2018 3 1 2 Death in Police Presence (Firearm) 2015-2016 2016-2017 2017-2018 1 0 1 Injury During Arrest 2 2015-2016 2016-2017 2017-2018 2 1 3 1 1 0 Injury During Arrest (Police Service Dog) 2015-2016 2016-2017 2017-2018 5 Motor Vehicle Pursuit (Death) 2 4 2015-2016 2016-2017 2017-2018 2 0 0 Motor Vehicle Pursuit (Serious Injury) 2015-2016 2016-2017 2017-2018 6 4 3 Officer Involved Shooting (Death) 2 1 2015-2016 2016-2017 2017-2018 0 3 0 Officer Involved Shooting (Serious Injury) 2015-2016 2016-2017 2017-2018 2 4 0 5 10 15 n Male 20 25 30 n Female INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 17 NUMBER AND PARTICULARS OF CHARGES LAID BY THE IIU IIU CASE BREAKDOWN BY POLICE REGION 2017-2018 For the fiscal year 2017-2018, the IIU laid eight charges against four officers. The particulars of those charges are as follows: IIU file #2017-009 – On duty (Criminal Code of Canada charge) ■■ Assault cause bodily harm s.267(b) CC IIU file #2017-040 – On duty (Criminal Code of Canada charge) ■■ Careless storage of firearm s.86(1) CC IIU file #2017-054 - On duty (Criminal Code of Canada charge) ■■ Assault s.266 CC IIU file #2017-059 – Off duty (Criminal Code of Canada charge) ■■ Drive impaired cause death s.255(3) CC ■■ Fail to stop at scene s.252(1.3)(b) CC ■■ Drive dangerous cause death s.249(4) CC ■■ Drive dangerous s.249(1)(a) CC ■■ Drive over .08 cause death 255(3.1) CC PAGE 18 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT Reporting Agency District Number of Notifications DOPS – 5 BPS – 6 MORDEN PS – 2 27 WPS RCMP East 17 RCMP West 10 RCMP North 7 Total Notifications 74 FINANCIALS The IIU expenditures for the financial year: IIU CASE BREAKDOWN BY POLICE REGION BY FISCAL YEAR Full-time equivalents (FTEs) 2 6 DOPS 5 14.00 Total salaries ($000s) $1,387 Total other expenditures ($000s) $   281 1 BPS 2 0 0 MORDEN PS 6 2 9 WPS 24 27 4 RCMP East 8 17 6 RCMP West 5 10 7 RCMP North 5 7 0 5 n 2015-2016 10 15 n 2016-2017 20 25 30 n 2017-2018 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT PAGE 19 GLOSSARY OF TERMS Decline Jurisdiction No involvement of the IIU in the investigation. Assume Jurisdiction IIU takes over jurisdiction for the investigation of the incident. Monitor IIU monitors the investigation being conducted by the police agency but does not assume, direct or have any other role in that investigation. Review for Mandate IIU has received a notification from a police agency but there is insufficient information to make a determination as to whether or not the matter falls within the mandate of the IIU. Once the required information has been received the role of the IIU will be determined as Decline, Assume or Monitor. Custody Individual deemed in custody when a restriction of freedom has occurred – detention and arrest. Serious Injury (a) fracture of the skull, jaw, vertebrae, rib, humerus, radius, ulna, femur, tibia, or fibula; (b) burns, cuts or lacerations that require admission to a hospital on an in-patient basis; (c) the loss of any part of the body; (d) the loss of vision or hearing; (e) internal injuries that require admission to a hospital on an in-patient basis; or (f) any injury caused by the discharge of a firearm PAGE 20 INDEPENDENT INVESTIGATION UNIT OF MANITOBA 2017-2018 ANNUAL REPORT