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HALIFAX, N.S. - The watchdog agency for the RCMP says rising public concern has prompted it to take the rare step of launching its own probe into the fatal shooting of a Nova Scotia man in his home by a police officer.
Ian McPhail, acting chairman of the RCMP complaints commission, announced Tuesday he has decided to proceed with an inquiry into the conduct of the RCMP in the Dec. 2, 2008, shooting death of John Simon.
McPhail said the probe - known as a "public interest investigation" under the RCMP Act - is of his own initiative rather than as a result of outside complaints.
"There are sufficient concerns related to this case which merit a public interest investigation," McPhail said in an email.
"To that end, one of our own investigators is being dispatched to look into all aspects of the case."
A Halifax police investigation cleared RCMP Const. Jeremy Frenette of any criminal wrongdoing, but there has been no disciplinary review of his actions.
The Mounties said they didn't launch a disciplinary review within one year - the time-limit imposed by the federal law that governs the police force - because they were waiting for the Halifax police investigation to finish.
"While internal discipline is within the discretion of the RCMP, the apparent lack of internal discipline in this case has raised much public concern," the commission said in a statement.
Its investigation will examine all aspects of Simon's shooting death, including the RCMP's response on that day as well as its training, policies and procedures. It will also probe the conduct of the RCMP members involved in the Halifax police investigation to determine whether it was carried out impartially and in a timely manner.
Const. Meredith Darrah, a spokeswoman for Nova Scotia RCMP, said in an email that the force is "firmly committed to accountability and recognize that our accountability is enhanced by independent oversight and review."
She said the RCMP would co-operate with the complaints commission during its investigation
Kevin Brosseau, senior director of operations at the commission, said probes such as these are unusual and require a significant amount of public concern.
"It's relatively rare we would initiate those kinds of investigations," he said.
In their investigation, the Halifax police concluded that Frenette shot Simon when the allegedly drunk and suicidal man pointed a rifle at him. "I felt he was gonna shoot me," Frenette is quoted as saying in the Halifax police report.
But that report also said Frenette contravened RCMP policy, noting that he entered Simon's home despite his supervisor's instruction not to.
Portions of the report, such as an explanation of Frenette's rationale for entering Simon's residence, are blacked out.
Brosseau said the commission generally doesn't recommend individual disciplinary penalties - such as suspensions or demotions - for police.
Rather, he said the commission usually issues a report that looks at broader problems in the police force that led to the incident.
He said the recommendations in the final report are made to the commissioner of the RCMP, and that in 75 to 85 per cent of cases they are accepted.
Brian Arbuthnot, operations manager of the Wagmatcook First Nation where Simon was shot, said the band welcomes the review. But he said he continues to believe that a full public inquiry, involving both Ottawa and the province, is needed to restore trust in the RCMP.
"We're optimistic this is the first good step, but it shouldn't negate the need for a federal or provincial public review," he said.
He said the native community needs policing, but it remains unwilling to accept the RCMP.
"Until this matter is resolved there's going to be a huge gap in the relationship between the First Nation government and the RCMP."
