4 years after it was passed, bill to create police accountability in Nunavut not implemented

A bill meant to create a civilian oversight body of police in Nunavut has not been implemented despite being passed into law nearly four years ago. 

Nunavut MLAs passed Bill 53 in June 2021. It would amend the territory's agreement with the RCMP to add provisions to investigate serious incidents involving police officers. 

The territory currently has agreements with the Ottawa and Calgary police services to investigate incidents involving the RCMP.  

George Hickes, an Iqaluit MLA, was the justice minister at the time the bill was passed. 

Hickes said he worries the bill has now "dropped off the table." 

"This is taking way too long," Hickes said. "I think it's very important to have that voice, or at least that viewpoint available to any investigation into any occurrences."

Under the legislation, the Nunavut government can appoint civilian investigative groups — but it does not close the door to having police officers conduct those investigations. 

A provision in the bill also allows for civilian monitors and cultural advisers to be hired to work on on investigations done by other police forces. 

Civilian monitors can make recommendations to contracted police forces if they have concerns about an investigation's impartiality.

"I think it is very important. You know, we don't have a lot of RCMP members that are from Nunavut that are working in Nunavut," Hickes said. "So whenever there's something that does happen, it would be nice to know that there is somebody with local knowledge."

Agreement is coming, department says 

Shakir Rahim, director of the criminal justice program at the Canadian Civil Liberties Association, said a civilian oversight body helps build public trust with police. 

"Rightfully, members of the public may have concerns about police investigating police," Rahim said. 

He said civilian oversight bodies also play important communication and engagement roles, often being the primary spokespeople to media and the public when serious incidents happen. 

He said not having oversight creates "a crisis in public confidence," where people could feel that these incidents aren't being properly investigated. 

"People deserve to have answers that they can believe in, that they can trust," Rahim said.

In a statement to CBC News, Nunavut's Department of Justice said it began collaborating with an independent investigative body on a potential partnership shortly after the legislation was passed. 

"However, in the fall of 2022, these negotiations reached an impasse, and the department has had to pursue other options and begin the engagement and negotiations process anew," the department wrote. 

Justice said it is now in discussions with a different investigative body but nothing has been finalized. 

The department said it's working toward reaching an agreement with an independent investigative body in 2025.