N.B. police say a sex assault oversight model makes them better. Halifax police say they can't use it

Some police forces in New Brunswick using a civilian oversight model for certain sex assault cases say it's improving their services — which one Halifax lawyer says makes it especially frustrating the city's police force won't use it.

More than 30 municipal police forces in five provinces across Canada, including those in Ottawa and London, Ont., use the violence against women advocate case review (VACR) model. It involves a panel of civilian experts on sexual violence who examine every sex assault file a police force has closed without charges.

The panel can recommend whether cases should be reopened and give feedback on how officers handled investigations.

New Brunswick's Kennebecasis Regional Police Force, which has about 40 officers covering the Rothesay and Quispamsis area, began using VACR in 2020.

"I feel like it's been completely positive outcomes. I can't think of one negative thing," said Deputy Chief Mary Henderson.

"Because it works so well for us, I would encourage other police forces to use it."

After years of input from the civilian experts, and trauma-informed interview training, Henderson said fewer cases are now going to their VACR panel because officers are laying charges in more sexual assault cases.

The force typically sees between nine and 24 cases a year, Henderson said. Their VACR panel reviewed six cases in 2021, then two each for 2022 and 2023, with zero so far this year. 

"We're just looking to get better. We have nothing to hide, and that's unheard of."

None of the VACR recommendations have led to Kennebecasis cases being reopened yet, which is the same situation with the Saint John Police Force.

But acting Staff Sgt. Matthew Weir said the VACR model has brought a "fresh set of eyes" the force wouldn't have otherwise.

"Any chance we get to improve the quality of what we do, I see that as a good thing," Weir said.

Saint John sees a slightly higher number of sexual assaults than Halifax. In 2021, 672 people reported being sexually assaulted in Saint John, compared to 454 in the Halifax region that year.

Halifax Regional Police have said the VACR model raises privacy concerns based on current Nova Scotia legislation. That advice came from municipal lawyers, who told CBC they couldn't share more details because of solicitor-client privilege.

Last week, the city's board of police commissioners approved HRP's suggestion that the municipal force take part in the Nova Scotia RCMP's sexual assault investigations review committee process for a pilot project over the next year.

The RCMP's committee is also made up of civilian experts on sexual violence, but they only review a selection of sexual assault cases that the Mounties have closed without charges. The RCMP has set up these case review committees across Canada.

Former Halifax police board member Harry Critchley said it's unclear why the RCMP model doesn't raise the same privacy issues, and he was "quite disappointed" in the lack of questions from commissioners. The criminal defence lawyer said he would have liked to see the board get a second legal opinion.

"We're kind of left to speculate, which is really unfortunate. I'd say overall that it reduces public confidence in the board, and the board's ability to effectively govern the largest police force in Atlantic Canada," Critchley said.

Multiple reports in recent years, including the Mass Casualty Commission and the independent review into Halifax's 2021 homeless encampment evictions, said police boards should be more assertive in their oversight role.

Critchley first brought the idea of the VACR model to the board in 2022, when it asked Halifax police to consider using it. But Critchley said over the years it appeared to him that the model was not one "the board or the police took seriously."

The RCMP's case review model could be helpful, Critchley said, but he added that concerns have been raised about the independence of the process. He also said he preferred the VACR's more thorough approach.

"It's not much solace to a survivor of sexual violence that they may be the beneficiary on a random basis of a sober second look from an independent advocate," Critchley said. 

"Compared to the VACR model where … they know that with certainty that it's going to be reviewed."

Police board chair Coun. Becky Kent said it's important to keep in mind that Halifax police will take the year of the pilot project to explore whether the RCMP's case review model is the right choice, but no final decisions have been made.

Kent said every city is different and has different capacities, so this is a good first step.

"I think it's best for the women, and people, I should say, in general, who are experiencing sexual violence to have something here that actually meets their needs. That's what HRP is trying to do and that's what we want them to do," Kent said.

Kent has asked Halifax police to return with an update on the pilot in about six months.