Changes Proposed To Police Act

Long-awaited changes to the Police Act have been tabled in the New Brunswick legislature.

The changes include a proposed model related to suspending officers with and without pay.

Currently, officers can only be suspended without pay if convicted of a provincial or federal offence.

But the new legislation would cap paid suspensions at 180 days before suspension without pay would take effect.

Also proposed are changes to the overall time limits for processing and arbitrating complaints under the act.

“This legislation addresses a number of issues that have been in various stages of discussion and consultation for years,” Public Safety Minister Ted Flemming said in a news release.

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

The New Brunswick Police Association, which has called for changes to the act, declined to comment Wednesday as they were still reviewing the proposed changes.

Jeff Porter Investigation

The changes follow a high-profile case involving a now-retired inspector with the Kennebecasis Regional Police Force.

Jeff Porter was suspended with pay in June 2016 after a complaint was filed by a female civilian employee alleging “various incidents of inappropriate conduct.”

An investigative report presented to the New Brunswick Police Commission in June 2018 identified 16 specific allegations of misconduct by Porter.

The commission scheduled a settlement conference in September 2018, but after the parties failed to reach an agreement, an arbitration hearing was launched the following month.

In the meantime, Porter sought a judicial review of the case, arguing he was not served with a notice of settlement conference within the six-month time limit.

But a Court of Queen’s Bench judge declined the judicial review in February 2020, saying Porter “failed to establish any exceptional circumstances that would justify judicial intervention before the administrative process has been completed.”

Porter retired from the force as of Dec. 31, 2020 — the same day the commission held a “brief procedural call” related to the case. An arbitrator determined that because Porter was no longer a member of a police force, they no longer have jurisdiction to hear the complaint.

Under the Police Act, the commission no longer has authority over an officer once they leave the force.

Our newsroom was the first to report in November that the ongoing matter involving Porter has cost taxpayers in Quispamsis and Rothesay more than $1 million to date.