On July 2, 2024, the Governor in Council of Nova Scotia approved amendments to the Serious Incident Response Team (SIRT) Regulations, established under the Police Act. These amendments, arising from the recommendations of the Mass Casualty Commission following the tragic events of April 2020, aim to improve operational efficiency and accountability in investigating serious incidents involving police.

On April 18 and 19, 2020, a 51-year-old man carried out a series of shootings and set fires across sixteen locations in Nova Scotia, Canada. This tragic spree resulted in the deaths of twenty-two people and injuries to three others before the gunman was shot and killed by the Royal Canadian Mounted Police (RCMP) in Enfield. Following the incident, police faced criticism for their failure to use Alert Ready to warn the public about the unfolding attacks and for not adequately responding to reports of the gunman’s previous behavior and acts of violence.

The regulations have expanded definitions to clarify terms within the SIRT framework. Notably, “affected person” now refers to individuals who have died, suffered serious injuries, may have been sexually assaulted, or have been involved in intimate partner violence related to a serious incident. Furthermore, the term “serious incident” now explicitly includes incidents of intimate partner violence. A new section (4A) stipulates that once SIRT takes charge of a serious incident scene involving police, it holds exclusive jurisdiction over the investigation. This means that SIRT assumes immediate command of all related activities, evidence, exhibits, and resource direction, streamlining the investigation process and ensuring clarity in leadership during critical incidents.

The revised regulations replace section 9 with a detailed process for public notification when charges are laid against a subject police officer. This mandates the posting of certain information, such as the officer’s name, charges, and court appearance details, on the SIRT website. However, in cases involving sexual assault charges, the officer’s name may be withheld if its release could jeopardize the privacy of the complainant. Additionally, a new section (9A) requires SIRT to publish a report if no charges are filed against a police officer following an investigation. This report must include a detailed account of the events, investigative processes, and reasons for not laying charges, while ensuring the protection of individuals’ identities and privacy interests. The regulations also stipulate specific information that must be omitted to prevent harm or disclose sensitive investigative techniques.

The amendments require an annual report to the Minister that includes a comparative analysis of investigations referred to the Director versus those initiated and concluded, providing a clearer understanding of SIRT’s operational activities over the year. New provisions have also been added to facilitate the hiring of an Assistant Director for SIRT. This role allows for a designated individual to perform the Director’s duties in their absence, ensuring continuity in leadership and decision-making within the organization.

Nova Scotia (129/2024) July 12, 2024