'No rational reason' why Manitoba police watchdog changes not implemented after 3 years: former director
Bill intended to strengthen Independent Investigation Unit was introduced in 2021, hasn't become law
A bill designed to strengthen the powers of Manitoba's police watchdog, including giving it power to penalize officers who don't comply with their requests, has been sitting on a shelf for almost three years.
The years-long delay is frustrating for family members whose loved ones were killed by police and want assurances that the Independent Investigation Unit of Manitoba can do its job properly.
"They recognize there's a problem. You spend time studying for solutions and then they don't implement them?" said Gerry Singer, whose 59-year-old brother, Bradley, was fatally shot by Winnipeg police in February of this year at his home, after officers attempted to take him to hospital for a non-voluntary examination under the province's Mental Health Act.
"He missed a doctor's appointment," Gerry said of the reason police were called to his brother's home.
The police watchdog is currently investigating his death.
The delay in the legislation "makes me feel like the public doesn't matter," said Gerry Singer. "And it's all just for getting re-elected."
The bill was introduced in November 2021, following multiple instances where the investigative unit's legislative limitations were put under the microscope.
The civilian-led agency, which is charged with investigating all serious incidents involving police officers in Manitoba, came into being following a review of Manitoba's Police Service Act.
In 2018, email exchanges between the watchdog and Winnipeg's police chief revealed Zane Tessler, the IIU's first civilian director, had raised concerns about police services not flagging incidents and keeping cadets from being interviewed.
In 2019, the unit took the Winnipeg Police Service to court after the force refused to hand over the notes of two cadets who witnessed a fatal Taser encounter. The police argued the cadets were outside the IIU's authority to probe.
Tessler was the director of the Independent Investigation Unit when the then Progressive Conservative government introduced the bill proposing IIU changes in 2021.
It passed second, first and third readings and reached royal assent on June 1, 2022 — the steps necessary for a bill to become law — but it was never proclaimed.
"And it's now November of 2024.… Nothing's changed," said Tessler, who retired in 2023 after a decade at the helm of the IIU.
"It was designed to enhance the powers of the IIU. There's no rational reason why it's sitting there."
The proposed amendments would require people affiliated with a police service — such as a cadet or community safety officer — to comply with requests from IIU investigators.
They also would allow the unit to introduce fines or jail time for most police officers who do not comply with any of its "reasonable" requests, and would forbid the IIU from seconding active police officers as investigators.
The watchdog agency is now preparing to welcome its third civilian director since it was created in 2013. Roxanne Gagné, who took over from Tessler, is stepping down from the role she has held since July 2023. The new director has not been publicly announced.
PCs disappointed bill hasn't been proclaimed
MLA Wayne Balcaen, the justice critic for the now Opposition Progressive Conservatives, said it's disappointing the NDP government hasn't proclaimed the legislation.
The Tories lost power in the October 2023 election, while regulations to bring the bill into law were being created.
Balcaen, the former chief of the Brandon Police Service, said in a prepared statement the bill was a "very important initiative" and that everyone should be held to the highest standard — which is why the Tories wanted to make sure the IIU has the tools to do its job.
Justice Minister Matt Wiebe says his government has been working on getting the legislation into place over the last year.
"We're working as quickly as possible to get this proclaimed," said Wiebe, but it involves a complex set of policy changes and the government needs to "take the time to make sure that we're doing this right."
The bill will be proclaimed early in the new year, Wiebe said, but he didn't commit to a specific timeline.
Tessler says while the legislation wasn't perfect, it would have helped by providing "better clarity, and the IIU with better access to information," he said.
"It would make things a little smoother, and we hopefully would avoid having to litigate matters that we had to do in the past to get co-operation."
WATCH | 3 years later, bill proposing IIU changes still not implemented:
But Martin Glazer, who represents the Singer family, said the amendments don't go far enough. His clients have been waiting since February for answers about what happened to Bradley.
"Someone lost their life. Yet it seems to take a long period of time for the family to get answers and for there even to be a preliminary report," said Glazer.
He argues there should be a set deadline for the IIU to complete a public report, legislated timelines for when the unit meets with affected family members and deadlines for when autopsy reports are disclosed.
"There has to be changes made to the law that puts priority on these investigations and gives answers to the families," said Glazer.
Gerry Singer says he still has many lingering questions about the day his brother died and why police shot Bradley.
While he waits for the investigation to conclude, he wants people to remember his brother as a kind man, who wouldn't hesitate to give food to someone who was hungry.
Bradley was also his best friend, Gerry said.
"It's just a real tragedy. I miss him terribly."
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