Chief Boland Responds to CBC Newfoundland & Labrador’s Reporting of RNC Internal Investigation

While it is inappropriate for me to speak about the specifics of any ongoing RNC internal investigation, there were statements made in a CBC Newfoundland and Labrador story by Glenn Payette on Wednesday, December 13, 2017 about an RNC officer that I want to address.

In his article, Payette suggests that an RNC officer committed a criminal offence of a domestic nature and was not charged despite the RNC having a ‘zero-tolerance’ policy. The RNC has an aggressive charge policy for intimate partner violence which is only applicable in circumstances where the investigating officer has reasonable grounds to believe an offence has occurred. It is contrary to law and contrary to the RNC’s intimate partner violence policy to arrest or charge an individual for an alleged intimate partner violence offence when the investigating officer does not have reasonable grounds to believe a criminal offence has occurred.

There are a number of factors which are taken into consideration by an investigating officer in formulating reasonable grounds to lay a charge/arrest a person. The presence of injuries to one or more individuals does not, in and of itself, mean sufficient evidence exists for an officer to formulate reasonable grounds to believe that a criminal offence has occurred. The investigating officer must look at all of the existing evidence, or lack of, in its totality,  before determining whether he or she has reasonable grounds to believe an offence has occurred.

As I have indicated previously, I welcome the introduction of SIRT in this province to conduct investigations of serious incidents involving police officers. Once the SIRT is established and a SIRT Director has been appointed, the Director will determine which cases fit within SIRT’s mandate for investigation within the general categories set out in the legislation. Until the SIRT is established and a Director of SIRT is appointed, I have, as Chief of Police, the responsibility to determine, on a case by case basis, who or what agency will conduct investigations of RNC officers.  There is currently no requirement in law or in RNC policy that every incident which involves a criminal allegation against an RNC officer be assigned to SIRT for investigation.

 

Chief Joe Boland

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