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Proposed N.B. Police Act changes set 6-month limit to suspension with pay

Justice and Public Safety Minister Ted Flemming said the amendments address the need for increased transparency in police governance, and would help maintain public confidence in the ability to deal with police disciplinary matters. (Jacques Poitras/CBC - image credit)
Justice and Public Safety Minister Ted Flemming said the amendments address the need for increased transparency in police governance, and would help maintain public confidence in the ability to deal with police disciplinary matters. (Jacques Poitras/CBC - image credit)

The New Brunswick government has tabled amendments to the Police Act that would see police officers who are suspended with pay cut off after six months.

As it stands, municipal and regional forces cannot suspend an officer without pay, unless the officer has been found guilty in court or at an arbitration hearing.

"This legislation addresses a number of issues that have been in various stages of discussion and consultation for years," Justice and Public Safety Minister Ted Flemming said in a statement Tuesday.

"It is imperative that we strengthen the Police Act to ensure confidence, respect and trust in our municipal and regional police services," he said.

The Act Respecting the Police Act proposes a 180-day time limit for paid suspension, after which suspension without pay begins.

Bob Davidson, executive director of the New Brunswick Police Association, which represents all front-line municipal police officers in the province, could not be reached for comment Tuesday.

He has previously said the association supports the need for "a speedier process." Officers want prompt hearings, they "don't want a big cloud hanging over their head because they are accused of something."

But suspension without pay would have "a major chilling effect," Davidson had warned. Suspension with pay is vital to front-line officers who may face false allegations by criminals, which can take years to defeat, he had argued.

Bob Davidson, executive director of the New Brunswick Police Association, has previously said suspension without pay would have 'a major chilling effect.'
Bob Davidson, executive director of the New Brunswick Police Association, has previously said suspension without pay would have 'a major chilling effect.'(Ed Hunter/CBC)

The amendments come in the wake of the case of former Kennebecasis Regional Police Force Insp. Jeff Porter, who was suspended with pay for more than four years pending the outcome of a conduct complaint over alleged sexual harassment and other Police Act offences involving a female civilian employee he supervised.

After various delays, Porter, who maintained the allegations were false, was scheduled to face an arbitration hearing before the New Brunswick Police Commission on Oct. 26. A few days prior to the hearing, he gave notice he planned to retire at the end of the year and the hearing was adjourned until Dec. 31.

That hearing was unable to proceed because the provincial policing disciplinary body only has authority over active police officers.

The case cost local taxpayers more than $1 million, Quispamsis Mayor Gary Clark has said.

Jeff Porter retired as an inspector with the Kennebecasis Regional Police Force on Dec. 31, before facing a possible disciplinary hearing, after being suspended with pay since June 2016. His annual salary was more than $115,000.
Jeff Porter retired as an inspector with the Kennebecasis Regional Police Force on Dec. 31, before facing a possible disciplinary hearing, after being suspended with pay since June 2016. His annual salary was more than $115,000.(Facebook)

On Oct. 30, Quispamsis and Rothesay councils sent a joint letter to Premier Blaine Higgs and Flemming, calling for amendments to the Police Act that would see allegations against officers dealt with more quickly.

Porter is at least the third officer in recent years to retire before facing possible disciplinary action.

The proposed amendments do not address this issue.

Wayne Gallant, chief of the Kennebecasis Regional Police Force and former president of the New Brunswick Association of Chiefs of Police (NBACP), said he supports the maximum 180-day paid suspension, but could not comment on the other proposed amendments because he hadn't had the opportunity to review them.

"The only thing I will say is that, generally NBACP and myself have long been supportive of updates to the Police Act."

The act was last amended in 2008.

Other proposed changes

Among other proposed changes in the 55-page bill is that a civilian employee of a police force may be appointed as a court liaison officer. The position would have the powers and immunities of a police officer.

The amendments would also establish the long-standing Municipal Police Assistance Fund as a special purpose account. The fund provides for special policing needs, such as training, equipment and special projects.

"These changes reflect best practices, address the need for increased transparency in police governance and service delivery, and would help maintain public confidence in the ability to deal with police disciplinary matters," Fleming said.

Jennifer Smith, executive director of the New Brunswick Police Commission, thanked the minister and department for "their leadership in addressing a long-standing file of critical importance to New Brunswickers."

"The commission was pleased to be an active participant in the process leading to these amendments," she added.

These proposed amendments are the result of collaboration and engagement with stakeholders, including civic authorities, the New Brunswick Association of Chiefs of Police, the New Brunswick Police Association, and the New Brunswick Police Commission.

The Police Act review began in 2015 and continued for two years before being shelved by the Department of Public Safety.

The stakeholders' committee came up with several major changes, including taking certain powers away from the commission and giving them back to the minister, and having mutually agreed upon arbitrators, according to Davidson.

The review was resurrected in October 2020, following news of Porter's retirement.