Independent police watchdog agency opens N.B. office in Fredericton

New Brunswick has a new independent police watchdog office in Fredericton, which is expected to be fully staffed within weeks.

It comes more than nine months after the province finalized an agreement for Nova Scotia to expand its Serious Incident Response Team, known as SIRT, to New Brunswick, with its own office and resources, to investigate serious incidents involving police officers — and more than two years after an agreement in principle.

The Nova Scotia-based response team has been the go-to agency, but it didn't always have the resources to take on New Brunswick investigations, forcing the province to look elsewhere for cases, including the two high-profile shooting deaths of Chantel Moore and Rodney Levi in June 2020.

The Fredericton office opened at Marysville Place in October and its lone investigator is a seconded RCMP officer, said Erin Nauss, interim director of SiRT, based in Halifax.

"We are taking on all matters still in New Brunswick on an ad hoc basis until we have that office fully staffed," she said.

"But in effect we are taking on all matters in New Brunswick. Our officers from Nova Scotia have been travelling to assist as needed when our one seconded officer is not able to handle all that work."

Filling positions is among 'highest priorities'

SIRT is in the process of hiring an assistant director and two full-time investigators for New Brunswick, said Nauss. The postings closed about two weeks ago. An administrative support position will also be posted soon.

"It's one of my highest priorities to have these positions filled in New Brunswick so that we can be fully operational," said Nauss, who stepped into the interim director role last month after the former director, Alonzo Wright, was appointed a provincial court judge.

"We've been managing to provide excellent service to date using the resources that we have, but I think that service will only be strengthened by having folks in those positions located in New Brunswick. And so we're going to continue to move forward as quickly and expeditiously as we can to have those positions filled."

Asked why the positions are only being filled now, Nauss said they were previously posted under her predecessor, but there "wasn't a huge response" for the bilingual jobs.

She suspects the fact SIRT is new to the province may have been a factor.

The Serious Incident Response Team is an independent civilian-led agency that investigates incidents that stem from RCMP or municipal police actions, including death, serious injury, sexual assault, domestic violence and "other matters of significant public interest."

At the conclusion of every investigation, the director reviews the report, decides whether the officer or officers involved should face criminal charges, and issues a public summary, which outlines the reasons.

10 open investigations

SIRT has been "managing" with the New Brunswick demand since the oversight agreement was reached earlier this year, said Nauss.

Between Jan. 1 and Nov. 23, it has received 20 referrals from the province, she said.

Of those, five investigations have been completed, while 10 remain open. Nauss could not immediately provide any details.

The other five cases did not meet the SiRT mandate, she said.

"For New Brunswick, I think they can continue to have confidence in the administration of justice and how these incidents are investigated."

Department of Justice and Public Safety spokesperson Sarah Bustard said the delay in the office opening has not impacted SIRT from "receiving or reviewing New Brunswick cases for investigation."

She did not address what, if any, effect it's had on the start or completion of investigations.

The department expects the office to "formally open" in the new year, said Bustard.

$560K a year allocated

New Brunswick has budgeted about $560,000 a year to cover SIRT services, according to Bustard. This includes hiring investigators and administrative staff, as well as operational costs.

"If the costs are higher or lower, the budget can be adjusted in future years, and any unused budget remains with the Department of Justice and Public Safety," she said in an emailed statement.

The investigator positions pay between $3,561 and $4,452 biweekly, while the salary range for the assistant director is $6,277 to $6,779 biweekly.

Asked whether New Brunswick will have any input on who is hired, Nauss said she may seek representation from the province on the interview panel. "I haven't made that determination yet."

"Ultimately, it's the governor-in-council of Nova Scotia who makes the appointment," she said, adding they will be Nova Scotia employees.

Nauss declined to reveal how many people applied for the latest job postings, but did say she's "quite hopeful" the positions will be filled.

Necessary qualifications and experience

An investigator applicant must have a bachelor's degree, at least five years' investigative experience at a senior level in law enforcement, and supervisory, team-building and communication skills, said Nauss.

Applicants also need knowledge of the Criminal Code and other relevant statutes, experience in preparing and presenting cases for court, and expertise in the rules related to the collection and preservation of evidence.

Other qualities include "good judgment, integrity, objectivity, tact, and strong ethical values," said Nauss.

The assistant director, who will oversee and review investigations, must have a law degree, experience in criminal law, and have never been a police officer "to help ensure that impartiality, objectivity and independence," Nauss said. 

They also need to "understand and exercise the proper use of discretion," have excellent conflict resolution skills and be able to provide leadership to investigative staff, she said.

The administrative position will involve general office administration and assisting investigators with disclosure.

Nova Scotia's director position has not yet been posted. Nauss said she hasn't decided whether she'll seek the permanent post, focusing for now on the "job at hand."

Nauss was a lawyer with Nova Scotia's Department of Justice for 17 years and has been involved with SIRT since its inception.