It comes more than nine months after the province finalized an agreement for Nova Scotia to expand its Serious Incident Response Team, known as SIRT, to New Brunswick, with its own office and resources, to investigate serious incidents involving police officers — and more than two years after an agreement in principle.

The Nova Scotia-based response team has been the go-to agency, but it didn't always have the resources to take on New Brunswick investigations, forcing the province to look elsewhere for cases, including the two high-profile shooting deaths of Chantel Moore and Rodney Levi in June 2020.

The Fredericton office opened at Marysville Place in October and its lone investigator is a seconded RCMP officer, said Erin Nauss, interim director of SiRT, based in Halifax.

"We are taking on all matters still in New Brunswick on an ad hoc basis until we have that office fully staffed," she said.

"But in effect we are taking on all matters in New Brunswick. Our officers from Nova Scotia have been travelling to assist as needed when our one seconded officer is not able to handle all that work."

Filling positions is among 'highest priorities'

SIRT is in the process of hiring an assistant director and two full-time investigators for New Brunswick, said Nauss. The postings closed about two weeks ago. An administrative support position will also be posted soon.

"It's one of my highest priorities to have these positions filled in New Brunswick so that we can be fully operational," said Nauss, who stepped into the interim director role last month after the former director, Alonzo Wright, was appointed a provincial court judge.

                                                      Erin Nauss, interim director of Nova Scotia's Serious Incident Response Team, says getting the New Brunswick office fully operational is a priority. (Submitted by Erin Nauss)

"We've been managing to provide excellent service to date using the resources that we have, but I think that service will only be strengthened by having folks in those positions located in New Brunswick. And so we're going to continue to move forward as quickly and expeditiously as we can to have those positions filled."

Asked why the positions are only being filled now, Nauss said they were previously posted under her predecessor, but there "wasn't a huge response" for the bilingual jobs.

She suspects the fact SIRT is new to the province may have been a factor.

The Serious Incident Response Team is an independent civilian-led agency that investigates incidents that stem from RCMP or municipal police actions, including death, serious injury, sexual assault, domestic violence and "other matters of significant public interest."

At the conclusion of every investigation, the director reviews the report, decides whether the officer or officers involved should face criminal charges, and issues a public summary, which outlines the reasons.

10 open investigations

SIRT has been "managing" with the New Brunswick demand since the oversight agreement was reached earlier this year, said Nauss.

Between Jan. 1 and Nov. 23, it has received 20 referrals from the province, she said.

Of those, five investigations have been completed, while 10 remain open. Nauss could not immediately provide any details.

The other five cases did not meet the SiRT mandate, she said.

"For New Brunswick, I think they can continue to have confidence in the administration of justice and how these incidents are investigated."

Department of Justice and Public Safety spokesperson Sarah Bustard said the delay in the office opening has not impacted SIRT from "receiving or reviewing New Brunswick cases for investigation."

She did not address what, if any, effect it's had on the start or completion of investigations.

The department expects the office to "formally open" in the new year, said Bustard.

$560K a year allocated

New Brunswick has budgeted about $560,000 a year to cover SIRT services, according to Bustard. This includes hiring investigators and administrative staff, as well as operational costs.

"If the costs are higher or lower, the budget can be adjusted in future years, and any unused budget remains with the Department of Justice and Public Safety," she said in an emailed statement.

The investigator positions pay between $3,561 and $4,452 biweekly, while the salary range for the assistant director is $6,277 to $6,779 biweekly.

Asked whether New Brunswick will have any input on who is hired, Nauss said she may seek representation from the province on the interview panel. "I haven't made that determination yet."

"Ultimately, it's the governor-in-council of Nova Scotia who makes the appointment," she said, adding they will be Nova Scotia employees.

Nauss declined to reveal how many people applied for the latest job postings, but did say she's "quite hopeful" the positions will be filled.

Necessary qualifications and experience

An investigator applicant must have a bachelor's degree, at least five years' investigative experience at a senior level in law enforcement, and supervisory, team-building and communication skills, said Nauss.

Applicants also need knowledge of the Criminal Code and other relevant statutes, experience in preparing and presenting cases for court, and expertise in the rules related to the collection and preservation of evidence.

Other qualities include "good judgment, integrity, objectivity, tact, and strong ethical values," said Nauss.

Luc Côté, team commander of Nova Scotia's Serious Incident Response Team, has been handling any New Brunswick files that require a bilingual response. Other Nova Scotia officers have been assisting as needed until the Fredericton SIRT office is fully staffed, said Nauss. (Roger Cosman/CBC)

The assistant director, who will oversee and review investigations, must have a law degree, experience in criminal law, and have never been a police officer "to help ensure that impartiality, objectivity and independence," Nauss said. 

They also need to "understand and exercise the proper use of discretion," have excellent conflict resolution skills and be able to provide leadership to investigative staff, she said.

The administrative position will involve general office administration and assisting investigators with disclosure.

Nova Scotia's director position has not yet been posted. Nauss said she hasn't decided whether she'll seek the permanent post, focusing for now on the "job at hand."

Nauss was a lawyer with Nova Scotia's Department of Justice for 17 years and has been involved with SIRT since its inception.

RCMP have asked a police oversight agency to review officers' conduct after a person in mental distress was injured and taken into custody. 

In a news release, the RCMP said they've asked the Nova Scotia Serious Incident Response Team to review what happened on the morning of Feb. 8. 

The release said officers responded to a report of "an individual in mental distress," at a "healthcare facility in the Waterville area." The release does not specify the facility nor the gender and age of the person.

There are no clinics in the area, which is about 100 kilometres northwest of Fredericton, near the Maine border. The only hospital in the area is the Upper River Valley Hospital operated by Horizon Health Network. The network has not yet answered CBC's request for information.

The RCMP release said when officers arrived, the person "became aggressive with police and an altercation ensued."

The person then "attempted to flee from police and sustained self-inflicted injuries as a result," the release said. It said the person was treated for the injuries then taken into custody.

The release did not say what kind of injuries the person sustained, how serious they were, and why the person was taken into custody. 

"The RCMP is committed to accountability and transparency to the communities we serve," Cpl. Hans Ouellette is quoted as saying in the news release.

"Due to the seriousness of this incident, we have requested SIRT review our actions to ensure we did everything we could in our response."

RCMP did not immediately respond to CBC's request for additional information.

Five pending cases

This is the second case that's been referred to SIRT this year, and the fifth pending case since July 2022.

New Brunswick does not have its own independent oversight agency to review police actions. The provincial government recently reached an official agreement with Nova Scotia to expand its Serious Incident Response Team to New Brunswick, with its own investigators and resources.

SIRT usually investigates police conduct in incidents involving including death, serious injury, sexual assault, domestic violence and "other matters of significant public interest."

This five pending cases include one where a man died after being arrested. Another investigation started after a person in mental distress and an officer were injured during an altercation.

One involves an officer who was injured while restraining a man being arrested under the Intoxicated Person Detention Act, while investigators in another case are looking into what happened after a man was found dead as police were executing a search warrant. 

The New Brunswick government has reached an agreement with Nova Scotia to allow that province's Serious Incident Response Team to open an office that would investigate serious incidents involving the police in New Brunswick, according to a joint government news release. 

The deal solidifies an agreement in principle reached between the two provinces in September 2021. Since then, officials from New Brunswick and Nova Scotia have been working together to "ensure the appropriate legislative and policy frameworks are in place" to allow the team to operate in New Brunswick. 

The Department of Justice and Public Safety was asked for an interview and to provide further information about the costs involved in setting up the new office, but had not provided either by publication time. 

Until now, New Brunswick has had to rely on out-of-province agencies to come in and investigate when there's a serious incident involving police. 

The Nova Scotia-based response team has been the go-to agency, but it didn't always have the manpower to take on New Brunswick investigations, forcing the province to look elsewhere, including in two high-profile cases in 2020.

Chantel Moore and Rodney Levi were both shot by police within days of one another in June 2020.

New SIRT office for NB

The Serious Incident Reponse Team is an independent civilian-led agency that investigates incidents that stem from police actions, including death, serious injury, sexual assault, domestic violence and "other matters of significant public interest." 

Under the new agreement between the provinces, a bilingual office will open in New Brunswick and provide New Brunswick-based investigators. The office will include a new assistant director, three investigators and one administrative person. 

"Investigations under the agreement will begin once the new premises are leased, new positions are filled and the New Brunswick investigators are trained," according to the news release. 

Both provinces will "share the costs, resources and benefits of this collaboration," but the Nova Scotia response team director "remains responsible for the organization's operations in both provinces and has sole authority to decide whether a charge is laid."

Nova Scotia-based SIRT will open a bilingual office in New Brunswick with three investigators and an assistant director. (Submitted by SIRT)

Public Safety Minister Kris Austin said the New Brunswick office is "necessary to instill public confidence in policing. Residents want to know there are checks and balances to police powers, along with accountability."

He said the agreement "guarantees impartiality and fairness in any investigations involving a New Brunswick police officer."

Nova Scotia Attorney General and Justice Minister Brad Johns said expanding SIRT "promotes public safety and increases public confidence that investigations involving alleged police misconduct are done efficiently and professionally."

Several cases still pending

Last year, SIRT took on several New Brunswick cases, four of which are still pending. In one case, two RCMP officers were cleared after a shooting, another where an RCMP officer was cleared after he tried to help a teen in mental distress, and in the third, SIRT recommended charges against an officer.

The pending cases include one where a man died after being arrested. Another investigation started after a person in mental distress and an officer were injured during an altercation. A third involves an officer who was injured while restraining a man being arrested under the Intoxicated Person Detention Act.

And just last week, New Brunswick RCMP asked SIRT to look into what happened after a man was found dead as police were executing a search warrant. 

RCMP officers, including the emergency response team, went to a rural, seasonal camp in the woods in Rivière-Verte, about 17 kilometres southeast of Edmundston, on the evening of Feb. 3. They were there to execute a search warrant in relation to a firearms complaint, according to the RCMP.

Officers on the scene heard gunshots "fired from the camp towards the attending officers," stated a news release.

The officers then entered the residence and found a 37-year-old man dead inside.