THUNDER BAY - A judge has granted a motion to appoint an outside party to decide whether a Police Services Act hearing will be held for three officers involved in the 2015 Stacy Debungee investigation.
According to court documents obtained by Tbnewswatch.com, a notice of motion was filed on May 9, 2018, requesting an order to appoint retired Justice Lee Ferrier to “exercise the powers and duties ordinarily imposed on the Thunder Bay Police Services Board.”
The grounds for the motion include allowing for a procedurally fair process to make the decision and avoid the failure of justice, and to appoint a disinterested person to perform the duty under Section 16 of the Police Services Act.
A report released by the Office of the Independent Police Review Director substantiated allegations of misconduct by the Thunder Bay Police Service in its investigation into the 2015 death of Stacy Debungee.
The report stated there was sufficient evidence to substantiate the allegation of neglect of duty on the part of acting Insp. Susan Kaucharik and discreditable conduct on the part of Det. Shawn Harrison and Det. Const. Shawn Whipple, who were involved in the Debungee investigation.
Under the Police Services Act, if the conduct of an officer is investigated by the police service itself or the OIPRD, a hearing can be held to review the conduct, leading to disciplinary action.
The investigation by the OIPRD into the three officers took longer than six months, and under the Police Services Act, the police board must consider an application from the chief of police whether or not to extend the period for serving notice for the hearing.
In early April, the Police Service Board cancelled a scheduled hearing to look into the conduct of the officers after then-police chief, J.P. Levesque applied to extend the notice of hearing. The only reason given for the cancellation was that it was a procedural matter.
According to Thunder Bay Police Service Board secretary, John Hannam, because of the board’s position with respect to it being under investigation by the Ontario Civilian Police Commission, and the length of time of the OIRPD investigation, the board “found it could not make a decision on the matter.”
“Ferrier’s job will be what the board’s job was,” Hannam said. “Essentially, he will make the decision as to whether there will be a hearing. If there is, a hearing officer will be appointed and carry on with the process as defined in the Police Services Act. If he decides not to extend notice of hearing, then there will be no hearing.”
On Wednesday, a judge granted the motion put forward by the board to appoint Ferrier. The motion was agreed to by all parties involved.
Hannam said situations like this do not happen very often, but are not unheard, adding that a judge has been brought in between two or three times in the last four years.
The board ordinarily makes a decision like this on the same day, but Hannam said Ferrier may take more time to review the information and research similar cases.
