Hamilton Police Do Not Bother Reporting Vehicular Killing to SIU as Required by Law

We have repeatedly commented on the lack of real, independent oversight of police agencies at all levels across Canada on this site. This relates both to the absence of true autonomy and independence but also to the lack of transparency within oversight agencies and their incapacity to hold police accountable for obstructing and blocking investigations, not cooperating with investigations, or violating policies and requirements for reporting incidents of harm to civilians.

Information secured by the Canadian Broadcasting Corporation (CBC) through access to information requests shows that police forces do not necessarily even report cases where their officers have killed a civilian. In this local case the Hamilton Police Service did not notify the province’s Special Investigations Unit (SIU), regarded as the “gold standard” for oversight of police globally, about a vehicular killing involving police in Hamilton in September 2016. The collision on September 3 killed a 20-year-old male, Chokha Bayez. Incredibly an investigation was only launched into the incident when the victim’s family approached the SIU almost one month after the crash.

SIU spokesperson Monica Hudon said in response to questions from CBC that the vehicle death listed in the FOI response was not publicized by the SIU simply because Hamilton police did not tell the agency about it. Yet all Ontario police services operate under a legal requirement to immediately notify the SIU of incidents of serious injury, allegations of sexual assault, or death of civilians in which their officers are involved. Furthermore the vehicular killing is not even listed on a police board report of SIU investigations presented at the Hamilton police board in April of 2017. Clearly the Hamilton Police Services view themselves as well above the law, as do police forces across the country. They are a law unto themselves as we have long known.

Ontario Attorney General Yasir Naqvi has committed to publishing the details of every police-involved fatality dating back to 1990, when the Special Investigations Unit was established, as per the recommendations of the recent report on police oversight undertaken by Justice Michael Tulloch. SIU investigations are kept secret even from the families of victims. The Tulloch report also recommended that oversight agencies start collecting demographic data including race and religion, currently not maintained systematically in Canada. The report also recommended that oversight bodies release detailed reports whenever a police officer is cleared of wrongdoing. At the same time, police officers involved in deaths or serious incidents will not be identified unless they are charged, as is current, bad, practice.

 

Further Reading

Carter, Adam. 2017. “4 Times Hamilton Cops were Investigated for Sex Assault and the SIU Said Nothing.” CBC News. April 20.  http://www.cbc.ca/news/canada/hamilton/siu-sexual-assault-allegations-hamilton-police-1.4077303

 

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