ministry of solicitor - british columbia · thank you for your letter ofmarch 6,2014, regarding...

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MINISTRY OF SOLICITOR GENERAL OF 1006277 Ms. Lisa Lapointe Chief Coroner Ministry of Justice Metrotower II 2035-4720 Kingsway Burnaby BC V5H 4N2 Dear Ms. Lapointe: Thank you for your letter of March 6,2014, regarding Recommendation # 2 made in the Coroner's Judgment of Inquiry into the death of Mr. Patrick Roy Wilder (Case File 2011-0448-0032). The Ministry of Health (the Ministry) has reviewed the recommendations and has the following response: Recommendation #2 (to the Minister of Health for the Province of Be): Consider the feasibility of establishing a network of mental health professionals available to assistfront line police officers during their investigations of and interactions with suicidal persons. Recommendation Accepted The importance of evidence-based protocols to guide the interface between mental health and substance use services with police services has been well-recognized by this Ministry and the Ministry of Justice. In response, the two Ministries, in partnership with health authorities and key stakeholders, have started on the development of a pro'vincial framework that will engage and guide police and health authorities in developing regional/local protocols for managing mental health and substance use crisis situations using integrated approaches. A final report including elements of successful protocols for use by the police and health authorities is expected by the end of 2014. The Interior Health Authority will work in partnership with local RCMP and municipal police departments to develop protocols/agreements in 2015. The Ministry, in partnership with the Ministry of Justice, supports the work of local protocol development between health authorities and police agencies through this provincial framework and stakeholder engagement process. The Ministry respects the recommendation proposed by the coroner and thanks you for the opportunity to respond. Terry Lake Minister Ministry of Health Office of the Minister Mailing Address: PO Box 9050 5tn Prov Govt Victoria Be V8W 9£2 Location: Parliament Buildings Victoria

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Page 1: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

MINISTRY OF SOLICITOR GENERALOF

1006277Ms. Lisa LapointeChief CoronerMinistry of JusticeMetrotower II2035-4720 KingswayBurnaby BC V5H 4N2

Dear Ms. Lapointe:

Thank you for your letter of March 6,2014, regarding Recommendation # 2 made inthe Coroner's Judgment of Inquiry into the death of Mr. Patrick Roy Wilder(Case File 2011-0448-0032). The Ministry of Health (the Ministry) has reviewed therecommendations and has the following response:

Recommendation #2 (to the Minister ofHealth for the Province ofBe):Consider the feasibility ofestablishing a network ofmental health professionals available toassist front line police officers during their investigations ofand interactions with suicidalpersons.

Recommendation AcceptedThe importance of evidence-based protocols to guide the interface between mental health andsubstance use services with police services has been well-recognized by this Ministry and theMinistry of Justice. In response, the two Ministries, in partnership with health authorities andkey stakeholders, have started on the development of a pro'vincial framework that will engageand guide police and health authorities in developing regional/local protocols for managingmental health and substance use crisis situations using integrated approaches. A final reportincluding elements of successful protocols for use by the police and health authorities isexpected by the end of 2014.

The Interior Health Authority will work in partnership with local RCMP and municipal policedepartments to develop protocols/agreements in 2015. The Ministry, in partnership with theMinistry of Justice, supports the work of local protocol development between health authoritiesand police agencies through this provincial framework and stakeholder engagement process.

The Ministry respects the recommendation proposed by the coroner and thanks you for theopportunity to respond.

Terry LakeMinister

Ministry ofHealth

Office of theMinister

Mailing Address:PO Box 9050 5tn Prov GovtVictoria Be V8W 9£2

Location:Parliament BuildingsVictoria

Page 2: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

Mail Stop #30614200 Green Timbers WaySurrey, BCV3T 6P3

March 4, 2014

Ms. Lisa Lapointe, Chief CoronerChief Coroner's OfficeMetrotower IISuite 800 - 4720 KingswayBurnaby, BCV5H4N2

RE: Patrick Roy WILDER (~: 1952-07-23)Coroner's Inquest into the Death ofBCCS Case File#: 2011-0448-0032

Dear Ms. Lapointe:

2011 :0448:0032

2011CP-0172

MINISTRY OF SOLICJTOR GENERALOFFICE OF THE CHIEF CORONER

As a result of this tragic incident, we undertook a review of related RCMP Policy and wish toprovide a response to the following Coroner's Jury recommendation directed to "TheCommanding Officer of the RCMP (E-Division) and the Chiefs of all Municipal PoliceDepartments in BC":

Recommendation 1

Review current practices and policies related to the current file management systems and

ensure appropriate retention periods for information relating to the confirmed suicide

attempts and other mental health incidences which police and medical intervention was

required.

Response:

During the Inquest, counsel for Mr. Wilder's family was concerned about the RCMP's non­retention of a previous 2003 file in which Mr. Wilder had attempted suicide in the cells of theCranbrook Detachment of the RCMP. The fact that this file had "purged" left open to

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Page 3: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

speculation the idea that the RCMP may have destroyed (or withheld) it for some reason. TheJury believed that the file might at least have been valuable to the members who were dealingwith Mr. Wilder when he committed suicide in 2011. In any case, on the stand at the Inquest,S/Sgt. Marko Shehovak could not say whether that 2003 PIRS file would have been retainedhad the detachment switched to PRIME earlier than 2007. The perceived possiblediscrepancy between PIRS and PRIME retention periods caused the Jury to wonder whetheror not PRIME retention periods for mental health apprehensions and/or suicides werereasonable and appropriate.

What S/Sgt. Shehovak did not or could not say was that the 2003 PIRS file simply purgedproperly according to its routine 60 month retention period (which is the same retentionperiod for Mental Health Act files on PIRS and PRIME). The chief difference between thetwo records management systems vis-a.-vis file retention periods is that PIRS purgedautomatically when files reached their retention date; PRIME, currently does not.

Protecting the privacy of its citizens is of critical importance for the government of a free anddemocratic society. An agency of the Government of Canada, based on the Privacy Act, mustonly gather personal information related to its operating programs, keep that information foronly a limited period of time based on its reasonable value to the agency, and then destroy it.The RCMP has established its retention periods in consultation with the National Archivistunder the Library and Archives of Canada Act and considers, in the totality of circumstances,balancing the protection of sensitive mental health information with police need to know, that60 months is a reasonable period for the retention of files in which the RCMP deal withindividuals under provincial mental health legislation.

Thank you for bringing these recommendations to my attention. The RCMP is committed tolearning from tragic incidents such as these and to developing policies and procedures that willhelp prevent their recurrence.

Respectfully,

N . Norm Lipinski, MBA, LLB, OOMCriminal Operations OfficerE Division Core Policing

Page 2 of 2

Page 4: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

April 3, 2014

Lisa LapointeOffice of the Chief CoronerMetrotower IISuite 800-4720 KingswayBurnaby, BC V5H 4N2

Dear Ms. Lapointe:

f\1INISTRY OF SOLICITOR GENERALOFFICE OF THE CHIEF CORONER

I write with respect to your letter dated March 6, 2014 in regards to the Coroner's Inquest into thedeath of Patrick Roy Wilder (BCCS File 2011-0448-0032). The Port Moody Police Department hasnow reviewed the one recommendation provided to us by the jury. For clarity, the recommendationrequests that we "review current practices and policies related to the current file managementsystems and ensure appropriate periods for information relating to the confirmed suicide attemptsand other mental health incidences which police and medical intervention was required."

During my review of our current record retention situation, I have learned that our agency has notpurged any files since our start with the PRIME system in 2002. All of the files that have beengenerated since that time are still available and accessible. The decision to purge files from oursystem is a decision that we would only make after careful consideration and at this time we haveno intention ofpurging our files at any time in the near future. In the unlikely event that we decidethat files should be purged, we will be cognizant of the recommendations of the jury and considerthe merits of extending the retention dates of files involving conditions noted above.

I hope that you will find this resolution in keeping with the spirit of the jury's recommendation. Ifyou have any questions or concerns, please do not hesitate to contact me.

Sincerely,

C. RattenburyChief Constable

Page 5: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick
Page 6: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick
Page 7: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

1006277

o

Ms. Lisa LapointeChief CoronerMinistry of JusticeMetrotower II800 - 4720 ·KingswayBUI"1!aby BC V5H 4N2

Dear Ms. Lapointe:

Thank you for your letter of March 6,2014, regarding your Recommendation concerning thedeath of Patrick Roy Wilder.

Please be assured that your letter is receiving prompt attention and that a more detailed responsewill be sent to you at the earliest opportunity.

Thank you,

Correspondence CoordinatorHealth Services Policy and Quality' Assurance Division

Ministry of Health Health Services Policy andQuality Assurance Division

6-2, 1515 Blanshard StreetVictoria BC V8W 3C8

Page 8: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

4455 Clarellce Taylor CrescelltDelta BC V4K 3E1

pholle 604.946.4411

April 15, 2014

Office of the Chief CoronerMetrotower IISuite 800 - 4720 KingswayBurnaby, BCV5H4N2

Attention: Lisa LaPointe, Chief Coroner

Dear Chief Coroner LaPointe:

Re: Coroner's Inquest into the death of:WILDER, Patrick RoyBCCS Case File #2011-0448-0032

Excellence in Policing

I write in reply to your letter dated March 6,2014, regarding the above referenced matter,and the Verdict of Inquest, containing the inquest jury's recommendations, attachedthereto.

The Delta Police Department has carefully considered the jury's recommendation that it,along with the RCMP E-Division and the Chief Constables of all Municipal PoliceDepartments in BC, review practices and policies related to current file managementsystems, and ensure appropriate retention periods for information relating to confirmedsuicide attempts and other mental health incidents that required police intervention.

A number of years ago the RCMP and Municipal Departments undertook a detailedreview of police records retention periods, in order to ensure appropriate and harmonizedrecords retention, ill particular in the, then recently provincially mandated, police PRIMErecords system. Specific to records of suicide attempts and other mental health incidents,the review confirmed and maintained the previous retention period of five years. PRIMEpolicy, and Delta Police Department policy, grants the discretion to extend that retentionperiod, based on an assessment of the particular circumstances and, in particular, rislcs tothe subject of the report, police officers or others.

As per the Verdict at Inquest, Presiding Coroner Marzinzilc commented that information,relating to prior suicide attempts by Mr. Wilder, was not available to police officersinteracting with Mr. Wilder at the time of his death, and that this was due to the

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Page 9: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

- 2 -

infonnation being purged from an old police computer records management system andnot transferred to the existing system. The Delta Police Department also retains an oldrecords system; the Police Infonnation Retrieval System (PIRS). Records in PIRS aredeleted at the conclusion of their incident-type specific retention period (as per theprovincially hannonized retention period schedule). The Delta Police Departmentimplemented the provincially mandated PRIME records management system in 2005.All records of suicide attempts and other mental health incidents recorded in PIRS have,therefore, reached the end of their retention period. Unless specifically extended andtransferred to the PRIME system, due to incident specific unique circumstances, suchrecords are no longer accessible in PIRS. Due to system limitations, records in thePRIME records management system have, to date, not been purged upon reachil1g theirincident-type specific retention periods; however, PRIME purge functionality is currentlyin development.

The Delta Police Department is aware of, and takes very seriously, the often delicatebalance that is required to be struck between retaining police infonnation aboutindividuals for only limited periods of time, and extending retention periods forinvestigative or individual/public safety reasons.

We thank you for the opportunity to respond to the jury's recommendation.

Yours truly,

Volker Helmuth,Manager,Infonnation Services Branch

C.c. Jim Cessford, Chief Constable

Page 10: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

Chief Constable

April 22, 2014

Lisa Lapointe, Chief CoronerOffice of the Chief CoronerMetro Tower II, Suite 8004720 KingswayBurnaby, B.C. V5H 4N2

Dear Ms. Lapointe:

Re: Coroners Inquest Into the Death of WILDER, Patrick RoyBCCS Case File No. 2011 ..0448..0032

Thank-you for your letter dated March 6th, 2014, wherein you enclose a copy ofthe Verdict at Inquest resulting from an inquest into the death of Patrick Wilder.

You advise that Jury recommendation #1 is directed to the New WestminsterPolice Department and is therefore brought to our attention for consideration.

Also, you request a response as to what action the New Westminster Policeplans to take, or has taken, with regard to these recommendations.

The jury recommendation #1 is that the New Westminster Police Department"review current practices and policies related to the current file managementsystems and ensure appropriate retention periods for information relating to theconfirmed suicide attempts and other mental health incidences which police andmedical intervention was required. "

The New Westminster Police Department has reviewed our current filemanagement systems with regard to retention periods for attempted suicides andmental health incidents. The retention periods are mandated by the CanadianCenter for Justice Statistics and the BC Crime Statistics Committee (BCCSC),and the New Westminster Police Department uses these mandated retentionperiods. The retention periods for federal codes are set by the Library &AchivesCanada in Ottawa and the other retention periods are set by the BCCSC.

T 604 5255411 I F 604529 2401 I 555 Columbia Street, New Westminster, BC V3L 1B2 I www.nwpolice.org

Page 11: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

Office of the Chief CoronerDecember 14,2010

We trust this deals with the jury's recommendations in the WILDER Inquest.

Yours truly,

2/2

Page 12: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

"Protecting with Pride"

May 1,2014

2838 Justice Way, Abbotsford, Be V2T 3P5 Phone (604) 859-5225 Fax (604) 864-4809

Bob RichChiefConstable

Lisa LapointeChief CoronerProvince of British ColumbiaOffice of the Chief Coronerlv\etrotower IISuite 800 - 4720 KingswayBurnaby, BC V5H 4N2

Dear Ms. Lapointe:

Re: Coroner's Inquest into the deaths of:

MITCHELL, Angus DavidBCCS Case File #2012-0376-0113

WILDER, Patrick RoyBCCS Case File # 2011-0448-0032

In response to your letters dated February 28, 2014 and March 6, 2014 on theabove referenced matters, respectively, this is to advise that theserecommendations have been forwarded to the British Columbia Association ofChiefs of Police ("BCACP") for consideration and response. After review of therecommendations directed to the Abbotsford Police Department, these arematters that are provincially governed and as such require a response from theBCACP.

Sincerely,

Bob RichChief Constable

Cc: D/C/Cst. Len Goerke, President, BCACP

Our Mission:To make Abbotsford the safest city in Be

Page 13: MINISTRY OF SOLICITOR - British Columbia · Thank you for your letter ofMarch 6,2014, regarding Recommendation # 2 made in the Coroner'sJudgment ofInquiry into the death ofMr. Patrick

606 Stanley StreetNelson Be V1L 1N4

Office: (250) 354-3919Fax: (250) 354-4179

BC Coroner's ServiceMetrotower IISuite 800 - 4720 KingswayBurnaby BCVSH 4N2

Re: Coroner's Inquest of Patrick WILDER - Recommendations

Dear Mrs. LaPointe,

MINISTRY OF SOLICITOR GENERALOFFICE OF THE CHIEF CORONER

In response to your letter dated March 6, 2014, the Nelson Police Department has reviewed therecommendations of the Inquest and will be taking the following actions:

Nelson Police Department will be reviewing our current practices and policies as itrelates to retention dates for files involving suicide attempts and other mental healthincidents. Changes to retention dates and our retention system will be undertaken ifdeemed appropriate.

Please let me know if you have any questions or concerns.

Sincerely,

Paul BurkartDeputy Chief Constable

CeCe6rating our!J-feritage9{r.Cson IS Centennial- 1897-1997