Special Investigations Unit

Background

The FSIN Justice Secretariat’s Special Investigations Unit was established in response the Federation’s call for a public inquiry into the justice system in February 2000. The call for a public inquiry came in response to: the death of Earla Brass in the Federally Sentenced Women’s unit at the Saskatchewan Penitentiary, the finding of two First Nations men who had frozen to death outside of Saskatoon, and the report by Darrell Night that two officers had driven him to the countryside and left him in the freezing cold. 
As a result of intense media coverage of these events, calls began to flood into the Federation.  Many callers phoned to extend their support to the Federation for the call for a public inquiry.
 
On March 1, 2000 the Federation established a Toll-Free Help Line to receive calls regarding abuse by police officers and other personnel within institutions of justice in Saskatchewan.  On April 9, 2000, the Federation hired two private investigators to follow up on the complaints received via the Help Line. 

Click Here to Download the SIU Pamphlet

Objectives

The Special Investigations Unit (SIU) provides First Nation citizens who have been mistreated by law enforcement officers with a complaint friendly alternative to mainstream offices of public complaints:
 To ensure that all complaints are investigated thoroughly; and
 To provide complainants with such protection from retaliation or other discomfort as they may require.

Complaints are received by the Special Investigations Unit either directly or through departmental staff. 
 The Investigator reviews all material related to the complaint;
 Advises complainant of a best course of action; and pursues the direction given by the complainant;
 The Investigator makes inquiries necessary to substantiate the complaint.

The SIU continues to receive calls from Saskatchewan First Nation citizens who register complaints relating to law enforcement, human rights, social services and health institutions.  For the period March 2000 to May 2009 inclusive, there have been 2183 files opened.  

The SIU has undergone an internal reorganization to better serve the needs of First Nation citizens.  More effective governance and operational processes have been developed and the intake process has been streamlined to ensure that all concerns are quickly addressed.  The SIU is maintaining its commitment to respond to all calls within a 48 hour time period.

The first report to the Chiefs-in-Assembly was presented at the June 2009 Legislative Assembly.  The report includes the history of SIU, its evolution, funding sources, complaints statistics, its mandate and responsibilities. Future priorities of the SIU are: updating the SIU database for more effective and accurate reporting, and an educational strategy. 

Special Investigations Unit – Human Rights
Many of the calls received by the Special Investigations Unit’s Legal Navigator are from First Nation citizens who believe that their human rights have been violated.  Without becoming involved in issues that concern internal First Nation politics, labour unions and/or court orders dealing with any and all family matters, the objective of the Legal Navigator is to first, gather as much background information as possible from the First Nation citizen concerning his/her issue. 

Secondly, the Legal Navigator strives to provide First Nation citizens with as much education as necessary for them to make an informed decision with respect to how they are going to proceed.  In essence, education functions as a tool of empowerment that allows one to assert his/her own rights and responsibilities.

For example, in Saskatchewan, it is against the law to be discriminated against because of one’s religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race and/or receipt of public assistance.  These “prohibited grounds” for discrimination are contained within Section 2 (1)(m.01) of The Saskatchewan Human Rights Code and according to The Saskatchewan Human Rights Commission website, www.shrc.gov.sk.ca, these grounds apply to contracts, education, employment, housing, professional trades and associations, public services, publications, purchase of property, occupations and trade unions.  The Code, however, is silent with respect to criminal history.  This means that it is not against the law for potential employers in the public sector to ask questions that relate to one’s criminal history. This is not to be confused with The Canadian Human Rights Act where, in all areas of employment under federal jurisdiction, “pardoned conviction” is a prohibited ground for discrimination.

If a First Nation citizen believes that he/she has experienced an act of discrimination, he/she may contact an intake consultant with the Saskatchewan Human Rights Commission to make an official complaint within two (2) years of the occurrence of the incident.  Once the complaint has been determined to be valid on its face and official, it is then submitted to the Commission.  The other party will then be contacted so that their response can be obtained and at this point, the Commission will either: (a) attempt to mediate and settle the complaint; (b) investigate it; (c) send it to The Saskatchewan Human Rights Tribunal for a hearing and a decision; or (d) simply dismiss it.

The Legal Navigator with the Special Investigations Unit is available to assist the First Nation citizen as he/she proceeds through the abovementioned process to ensure that the complaint has been properly and thoroughly investigated by The Saskatchewan Human Rights Commission.  However, the determination to see it through must be displayed by that of the First Nation complainant, as ultimately, the experience belongs to them.

How to Lodge a Complaint
Individuals who wish to lodge a complaint may contact the Special Investigations Unit at 1-877-353-3746 or (306) 665-2240;

Complaint Process
After the complaint is made, the Special Investigations Unit will contact the complainant and schedule an interview. During the interview, the complainant is requested to provide as much information as possible.

Complainants are advised of the Special Investigations Unit main principle that “each complainant owns their experience and has a right to determine how information is forwarded. No steps will be taken without authorization of the complainant”

 Complainants are advised of the appropriate complaint agencies involved with a file;
o RCMP Public Complaints Commission;
o Saskatchewan Police Complaints Investigator;
o Saskatchewan Police Complaints Commission;
o Internal Investigations of the involved police force.

 Once the Process is understood, the complainant must decide how he/she wishes to proceed with the complaint:
o If the Special Investigations Unit is to proceed with his/her complaint then a statement is obtained from him/her and from any witnesses;
o Justice Workers may refer complainants to our office.

 The Special Investigations Unit can either:
o Assist the complainant in forwarding their complaint to the appropriate body; or
o The Special Investigations Unit can monitor the complaint to ensure it is investigated thoroughly;
o If the Special Investigations Unit is to monitor the complaint, then an Authorization for the “Release of Information” is signed by the complainant.

Frequently Asked Questions

What if a Complaint has not been filed?
 The Special Investigations Unit will forward a letter to the police service or Complaints Commission with the consent of the complainant; or
 The Special Investigations Unit will request that an investigation be conducted, thus authorizing all file information to be provided to the Special Investigations Unit. This process allows the Special Investigations Unit to track and ensure that the complaint is being investigated appropriately.

What if a Complaint was filed previously?
 The Special Investigator will make a direct inquiry regarding the status of the investigation.
 Upon review of the file materials, the Special Investigations Unit will ascertain whether the investigation was conducted thoroughly. If the Investigator is not confident that all possible avenues of investigation were explored by the investigating party, a letter or meeting may be requested.

It is not the Job of the Special Investigations Unit to assist the police service or complaints commission to do their job. However, it is the job of the Special Investigators to ensure that they do their job properly and thoroughly for the complainant.

Complaints Process: Things to Remember
The Complaints process is very rarely cut and dry. Each complaint is unique and is viewed as an individual experience of each person. The steps outlined here will occur, however, in what order is ultimately determined by those involved in the process.

The complaint process does not operate independently of the complainant. Rather, the complaint process is dependent upon the consent of the complainant.

FOR FURTHER INFORMATION PLEASE CONTACT:

Federation of Saskatchewan Indian Nations
Justice Secretariat
Special Investigations Unit (SIU)

Direct: (306) 665-2240
Main: (306) 665-1215
Toll-Free: 1-877-353-3746
Fax: (306) 665-0134