Another reason the RCMP shouldn’t investigate itself

Joe Fries (Kelowna.com) – By now, it seems quite reasonable to think that RCMP members should not investigate their own, a thought backed up strongly by the Braidwood Inquiry in the death of Polish immigrant Robert Dziekanski at the Vancouver International Airport.

A recent report by the Commission for Public Complaints Against the RCMP recommends the RCMP use outside police agencies for investigations of members, noting ”criticism remains largely focused on the very issue that the nature of police investigating police creates a significant conflict of interest, or at the least the perception of one.”

Added to the chorus is the voice of Kelowna lawyer Neville McDougall who wholeheartedly agrees, but not for the same reasons. The former Mountie says RCMP officers are usually far harsher when investigating their own.

“I find they are way harder on members, and members do not get the same protections that the general public get,” McDougall told Kelowna.com.

“Not always, but often times, I think the investigation is programmed to find the evidence to support the preconceived determination of guilt,” he continued, especially if the subject of the investigation chooses not to give a statement.

McDougall, who spent eight years as a cop and has been working as a lawyer for the past 20, said he has represented between eight and 12 officers in criminal court. He claims that none of the cases he took to trial has resulted in a conviction, presumably because the charges were weak.

“I’ve had judges say things like, ‘I can’t believe this got to court.’”

But that drive to recommend charges may be a result of the higher account to which the public holds police officers.

“Like other professions that directly impact the safety and welfare of those they serve, there is a public expectation requiring that a higher standard of behaviour be upheld,” reads the complaints commission’s report. ”The very nature of an investigation by one police officer into another is fundamentally different from the police investigating a member of the public for the exact same crime. Police are held to higher account by the very nature of the work they do.”

Outside of those criticisms, McDougall, who works for the firm of Benson Salloum Watts, said RCMP investigations of their own members can also cause internal strife.

“What happens is these guys go through this process and they get very upset internally, and it can affect them for a long period of time because they feel they are not supported by their own management,” he explained.

Two local RCMP officers are currently facing criminal charges as a result of a single incident in February. Const. Kent Hall is charged with careless use of a firearm, while Const. Steve Conlon is charged with assault causing bodily harm. Both men were investigated by RCMP units.

Sgt. Tim Shields, spokesman for the B.C. RCMP, issued the press release Tuesday that detailed the charge against Conlon. Shields did not return several calls for comment on Wednesday. Kelowna RCMP Insp. Bill McKinnon did not reply to an e-mail request for comment.