Saint John police won't make changes after review of 'unfounded' cases

An officer with the Saint John Police Force has finished reviewing more than 360 sexual assault cases deemed "unfounded" by the officers who investigated.

But the chief of police says there aren't any plans to change the way officers in Saint John investigate future complaints of sexual violence.

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A Globe & Mail investigation revealed that the Saint John police force has the highest "unfounded" rate in Canada, assigning the designation to 51 per cent of sexual assault files between 2010 and 2014.

Chief John Bates appointed Sgt. Debbie Easton to review all sexual assault cases classified as "unfounded" — meaning investigators determined a crime didn't occur nor was one attempted — between 2010 and 2016.

"Of the 366 unfounded files we reviewed, not one was determined to have required re-investigation," Bates said.

"Nor was one determined to have been investigated substandardly."

Advocates have been critical of internal reviews that examine the way police have coded sexual assault cases in the past, rather than looking forward at core issues around how police investigate sexual crimes.

'It was an easier box to tick'

That includes looking at how soon police interview a traumatized victim and how often polygraph tests are used.

Instead, many have advocated for the Philadelphia Model, where outside advocates from the community are brought in to review cases.

Bates doesn't think there's a need for such a model in Saint John right now. 

"To my knowledge, there has not been a reach-out from advocates here in the city that have said, 'Hey, we want to be at the table to do this.'"

Bates has dismissed the idea that police don't believe victims of sexual violence, calling it "patently unfair."

He believes the issue is that officers haven't fully understood what the "unfounded" classification means and were using it incorrectly.

"There were instances where the police, not just here in Saint John, were coding things as 'unfounded' because it was an easier box to tick, perhaps," Bates said.

"That's not the right thing to do. I don't think it was being done intentionally."

After the review, the "unfounded" rate was 17 per cent between 2010 and 2016, according to Bates.

Case managers are receiving more training so they understand what "unfounded" means and when to use it.

Police watchdog hiring outside investigator

All of the province's police forces agreed to review "unfounded" sexual assault cases, after the Globe & Mail found New Brunswick had the highest rate in the country at 32 per cent.

Most of the reports have been submitted to the Department of Justice and Public Safety, according to spokeswoman Elaine Bell.

Bell said the government will share the results with advocates and the New Brunswick Police Commission, the province's police watchdog.

The commission is in the process of hiring its own investigator to review each report and determine whether it's adequate.

Roberge said it plans to hire Jennifer White, a lawyer and former investigator with the RCMP's Civilian Review and Complaints Commission.

White conducts workplace investigations into issues like bullying, poisoned work environments, harassment, code of conduct violations "and other problematic workplace behaviour."

Police missed deadline

Saint John is the only police force in New Brunswick that hasn't answered a five-month-old right to information request from CBC News about unfounded sexual assault cases.

Emails and documents provided by other police forces revealed that government wrested control of the review from the New Brunswick Police Commission and ordered a less-detailed review.

According to the law, public bodies must respond to right to information requests within 30 days. Public bodies that want more than 60 days to respond must receive approval from the province's access to information commissioner, but that hasn't happened in this case.

Bates couldn't say why the police force hasn't responded to the request or when it will provide the information.