Yes. The IIO investigates all on and off-duty detention guards, regardless of whether they are employed as police officers, special municipal constables or civilians, such as municipal employees.
No, these changes will not impact the day-to-day roles or responsibilities of detention guards, however, the IIO may require a detention guard to participate in an interview or otherwise assist in support of its investigation.
This change comes after several recommendations made in reports issued in 2019 and in 2022 by the Special Committee on Reforming the Police Act. IIO jurisdiction over on-duty detention guards is a change the IIO and other external stakeholders lobbied in favour of and is aimed at improving governance and oversight of policing.
If the Chief Civilian Director (CCD) of the IIO has reasonable grounds to believe that an officer or detention guard may have committed an offence, they may refer the matter to Crown Counsel with the BC Prosecution Service (BCPS) for consideration of charges. If the CCD does not refer the matter to the BCPS, the IIO may release a public report summarizing the incident and explaining the decision where it is in the public interest to do so. Typically, IIO public reports withhold the names of all involved parties, including detention guards. Where it is not in the public interest to release a public report, investigations may be concluded with a media release or without further information being made public.
A subject detention guard is any person working in a capacity as a detention guard in BC whose presence, action or decision, whether on or off duty, is reasonably believed to have been a significant contributing factor in the serious harm or death of any person.
If an IIO investigator believes a detention guard’s action or inaction is a significant contributing factor in the serious harm or death of any person, the IIO may designate them as a subject detention guard. Subject detention guards may be asked if they will voluntarily participate in an interview with IIO investigators. IIO investigators will communicate any requests to a subject detention guard either verbally or in writing, typically via the police agency’s liaison officer (LO).
After the IIO asserts jurisdiction over an incident, the involved agency will typically designate an officer who was not involved in the incident to act as the liaison officer (LO). The LO usually becomes the point of contact between IIO investigators and witness officers, subject officers, witness detention guards and subject detention guards. The LO is expected to be a supervisor who has immediate access to the scene and to all officers whose cooperation may be needed during the IIO investigation.
At any point during an investigation, subject detention guards are welcome to contact the IIO to obtain an update on their file. Subject detention guards are encouraged to reach out to the IIO investigator they had contact with and who likely designated them as a subject detention guard. Detention guards that have not been designated, or who are unaware of the name of the IIO investigator that designated them, can speak with the police agency’s liaison officer (LO) who can seek an update on their behalf.
Once an investigation is complete, if it is forwarded to Crown Counsel with the BC Prosecution Service (BCPS) and if Crown does not approve charges, they will sometimes issue a Clear Statement that provides a brief chronology of the evidence and the rationale for the decision. Clear Statements can be found on the BCPS website.
If the Chief Civilian Director (CCD) of the IIO does not refer the file to Crown Counsel, the CCD may choose to publish a public report or media release on the IIO website, explaining the decision, where it is in the public interest to do so.
A witness detention guard is any person employed as a detention guard in BC who an IIO investigator has reason to believe can provide material evidence with respect to an incident under investigation, and who is not a subject detention guard with respect to that investigation.
The statutory duty on a witness detention guard to fully cooperate includes a duty to attend IIO interviews as and when the IIO directs. An IIO investigator will arrange a time and location for the interview. Typically, union representatives and legal counsel are not permitted to be present during interviews of witness detention guards. Pre-interview disclosure to any witness detention guards is at the discretion of the IIO.
Under the Police Act, a witness detention guard is compelled to cooperate with an IIO investigation. This will generally include participating in an interview and may include submitting materials, including notes and documents, for review by the IIO during its investigation. A witness detention guard may also be required to assist in a reconstruction of the incident. Information provided by a witness detention guard may not be used against that person in civil court.