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Manitoba Justice

Law Enforcement Review Agency
The History of LERA

Local political control of municipal police departments was vested in police commissions comprised of all or some members of each municipal council. These commissions dealt with public complaints. The Manitoba Police Commission (MPC), established under the Provincial Police Act oversaw the operation of municipal police forces and generally provided consultation. From time to time, the MPC would hear complaints, usually of a more serious nature, that had not been dealt with satisfactorily at the local level.

The initial citizen's complaint would be made to the local police department, investigated by the same department, and dealt with by the police chief and at times the local police commission. The MPC would become involved after an appeal of a disciplinary sanction imposed on the officer by the Chief or if complainant felt that his/her complaint had not been properly dealt with.

In 1979 the Manitoba Police Commission recommended a change in citizen complaint procedure following the Commission's investigation of an incident involving the alleged beating of a rape suspect by Winnipeg police officers in 1976 (the Frampton case).

The Attorney General's Department issued proposals for new legislation in March 1981. Bill 2 of the 32nd Legislature The Law Enforcement Review Act (TLERA) was introduced into the house in November 1982 and passed in August 1983. It was subjected to vigorous debate after careful public scrutiny and many amendments in Law Amendments Committee. In December 1984 the legislation was proclaimed.

The new legislation requires that all complaints by citizens about the actions of an on duty police officer be referred to the Commissioner whose job it is to determine whether the complaint is warranted and whether the matter complained about represents what the legislation refers to as a disciplinary default.

The board and Commissioner were appointed, regulations passed, procedures developed and other details attend to resulting in LERA as an agency beginning operations on February 1, 1985.

The staff consisted of the Commissioner and an administrative secretary who doubled as Registrar. Law Enforcement Services (LES) provided intermittent part-time staff investigative services. In 1990 the Registrar's position was eliminated and secretarial assistance was also provided by LES.

In 1988 the Attorney General instructed Research, Planning & Evaluation Branch to evaluate LERA and consider merging of LERA and MPC into one agency dealing with police matters (complaints). The instruction was made in the context of the expenditure review process and with a view of consolidating the functions in order to make use of available resources. Apart from resource and merger matters, the review identified issues and made recommendations concerning the governing legislation and certain operational matters.

In 1992 amendments to TLERA were proclaimed and resulted in the Law Enforcement Review Board (LERB) and the MPC being dissolved. Hearings are now referred to a Provincial Judge to enhance service to the public by providing an independent, objective trier of fact who is schooled in and knowledgeable of the law. The standard of proof is now clear and convincing evidence rather than beyond a reasonable doubt.

Other amendments included the onus of proof, time limits placed on appeals of the Commissioner's decision, and the Commissioner being given more authority to resolve complaints and other items.

In 1997 KPMG Investigation and Security Inc. were retained to review LERA with a goal of better understanding what constitutes an acceptable and manageable workload. Their report was received in January 1998 and recommendations implemented with the exception of an improved case management system. This is presently under development by Information Systems (Justice) with a tentative operational date of September 2003.

A new Commissioner was appointed in March 1998. Notable improvements include the reporting structure, which has enhanced the public's perception of LERA as an independent agency. The Commissioner reports operationally to the Minister of Justice by way of annual report (legislative requirement) and administratively to the ADM Criminal Justice 'et sequence'.

The 2000 budget approved an increase of three-person years. A Registrar and two investigators complete administrative functions, (including an independent budget) at offices located at 420 - 155 Carlton St.


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