Complaint to Consequence: Amending Independent Police Investigations

Manitoba Regulation 31/2025 introduces several amendments to the Independent Investigations Regulation (Manitoba Regulation 99/2015), under the authority of The Police Services Act. These changes aim to improve the oversight and accountability mechanisms governing police conduct and investigations. Key definitions and procedures have been updated or introduced to provide greater clarity and responsiveness in the investigative process led by the Independent Investigation Unit (IIU). The definition of “serious injury” has been expanded to include fractures of additional bones such as the orbital bone, clavicle, pelvis, hip, sternum, and scapula. Injuries requiring hospital admission or resulting from firearm discharge—excluding certain non-lethal munitions—are also included. The definition of “subject officer” now encompasses any officer suspected of causing death or serious injury, breaching statutory provisions, or engaging in other conduct under IIU investigation.
Section 1(2) of the regulation is revised to designate specific Criminal Code offences relevant to IIU investigations, such as careless use of a firearm, perjury, fabrication of evidence, and sexual assault. A new subsection, 1(3), outlines individuals—such as community safety officers and institutional safety officers—who must comply with reasonable IIU requests. The previous Section 2 is repealed, while Section 6 is comprehensively updated to formalize the role of designated notification officers (DNOs). Police chiefs are now required to designate at least two officers responsible for notifying the IIU when serious incidents occur, complaints are received, or evidence of illegal police conduct emerges. Chiefs may designate themselves and must submit the names of DNOs to the civilian director.
A new procedural framework outlines how notification must occur. In the event of a serious incident, a responding officer must alert a senior officer, who in turn must contact a DNO. If a DNO is present, they can directly notify the IIU. When a complaint is received or evidence of misconduct is discovered, officers must relay all information to a DNO, unless the DNO is implicated, in which case another DNO must be contacted. Notification to the IIU must be made immediately via a phone call using a number supplied by the civilian director, with all known information provided during the call.
Following this verbal notification, a formal written notification report must be submitted to the civilian director within 24 hours, using a standard form provided. The responsibility for this task lies with the DNO, and the regulation now reflects this shift in language, replacing references to “police chief” with “designated notification officer.” Section 8 of the original regulation is repealed.
Further amendments add a new obligation for police officers to complete “incident notes”—contemporaneous documentation of their involvement in incidents under IIU investigation—within 48 hours of completing their shift. These amendments collectively aim to strengthen the transparency, consistency, and accountability of the independent investigation process, ensuring timely and accurate information flow between police services and oversight bodies.
Manitoba (31/2025) April 10, 2025
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