ARCHIVED - Appendices - Kingsclear Investigation Report

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Appendix A: List of Acronyms and Abbreviations

2i/c
Second-in-Command
A&
Administration and Personnel
A/Comm.
Assistant Commissioner
A/OIC
Assistant Officer-in-Charge
AG
Attorney General
AOL
Away on Leave
Asst.
Assistant
CA
Crown Attorney
CBC
Canadian Broadcasting Corporation
CCS
Commercial Crime Section
CH or C/H
Concluded Here
Chief Supt.
Chief Superintendent
CIB
Criminal Investigation Branch
CIIS
Complaints and Internal Investigations Services
CISNB
Criminal Intelligence Service New Brunswick
CO
Commanding Officer
Comm.
Commissioner
CPC
Commission for Public Complaints Against the RCMP
CPIC
Canadian Police Information Centre
Cpl.
Corporal
CR
Continuation Report
CROPS
Criminal Operations
Cst.
Constable
D/Comm.
Deputy Commissioner
DC
Detachment Commander
Dept.
Department
Det.
Detective
DIO
Divisional Intelligence Officer
Div.
Division
DOJ
Department of Justice
EA
Executive Assistant
ERT
Emergency Response Team
FPF
Fredericton Police Force
FSS
Financial Services and Supply
GIS
General Investigation Section
HQ
Headquarters
i/c
In charge
Insp.
Inspector
IPSO
Institutional Preventive Security Officer
KGB
Sworn Audio/Video Recorded Statement
MP
Minister of Parliament
MCU
Major Crime Unit
NBTS
New Brunswick Training School
NCIS
National Criminal Intelligence Service
NCIU
National Criminal Intelligence Unit
NCO
Non-commissioned Officer
NFAR
No further action required
OC
Officer Commanding
OIC
Officer-in-Charge
OSS
Operational Support Services
PD
Police Department
PIRS
Police Department
QC
Queen's Counsel
RCMP
Royal Canadian Mounted Police
S/Sgt.
Staff Sergeant
Sgt.
Sergeant
SubDiv
Subdivision
SUI
Still under investigation
Supt.
Superintendent
ViCLAS
Violent Crime Linkage Analysis System
YTC
Youth Training Centre

Appendix B: Chronology of RCMP Investigations

Date Events

20 November 1989

New Brunswick Training School (NBTS) Superintendent Todd Sullivan contacts the RCMP regarding possible sexual abuse by part-time Corrections Officer Gerald Belanger.

25 November 1989

Constable Joseph Lessard begins investigating the allegations.

30 January 1990

Constable Lessard submits Prosecutor's Information Sheets to the Crown counsel proposing three minor sexual assault charges with respect to three boys. He includes a note detailing an incident where Mr. Belanger ordered some boys to drop their pants as punishment for leaning against the wall during a clothing change.

7 February 1990

Attorney General James Lockyer asks the RCMP, in writing, to investigate the 1985 investigation of Karl Toft by the Fredericton Police Force (FPF). Mr. Lockyer's request comes as a result of a meeting between former NBTS youth counsellor David Forbes and news host Richard Robinson of the CBC. In his letter to the RCMP, Mr. Lockyer included Mr. Robinson's notes of his discussion with Mr. Forbes. These identified the names of four alleged victims who had confided in Mr. Forbes-three who had provided statements in 1985 and one, Evan Sanders, who had disclosed abuse to Mr. Forbes in 1981.

13 February 1990

Chief Superintendent Herman Beaulac advises Attorney General Lockyer that the matter has been referred to the appropriate RCMP section for investigation.

21 February 1990

Constable Tom Spink of the General Investigation Section is assigned the investigation.

14 March 1990

Constable Spink meets with and obtains a statement from Corporal Lillian Ulsh of the FPF.

April 1990

Constable Spink speaks with former NBTS superintendents Ian Culligan, who at the time is a provincial official, and Tom Richards. He later obtains statements from the two men.

10 May 1990

Crown counsel William Corby sends a response letter to Constable David Ward, who had replaced Constable Lessard while he was away. The letter indicates that the evidence in each of the three proposed cases does not warrant prosecution against Mr. Belanger. There is no mention of the pants-dropping incident.

13 May 1990

Constable Lessard and his superior, Staff Sergeant Ron O'Brien, indicate in a letter to the NBTS Superintendent that, based on the Crown's assessment, the case against Mr. Belanger is concluded without charges.

June-July 1990

Constable Spink speaks with the original three complainants who provided statements about Mr. Toft to Mr. Forbes in 1985. While they confirmed their original statements, only two would provide statements to Constable Spink.

16 July 1990

Constable Spink meets with and obtains a statement from Mr. Toft.

17 July 1990

Constable Spink meets and consults with Crown counsel Hilary Drain.

20 July 1990

Constable Spink concludes his investigation given the reluctance of the victims to testify.

28 September 1990

Hugh Robicheau, Director of Policing Services for the Province of New Brunswick, asks the RCMP why it has not contacted Evan Sanders, the fourth boy mentioned in Mr. Robinson's notes.

1 October 1990

Mr. Robicheau provides the RCMP with a new name, Mike Roy, which came up during his internal investigation as someone who may have information on several assaults.

10 October 1990

Corporal Spink (now promoted) writes that he did not contact the fourth boy mentioned in Mr. Robinson's notes because the other three would not come forward. He also indicates that the name mentioned by Mr. Robicheau was not uncovered during his investigation. Corporal Spink notes that if new names continue to come up "a decision will have to be made as to possibly reopening this investigation."

15 October 1990

Inspector Al Hutchinson reopens the NBTS investigation and Sergeant Gary McNeill, Officer-in-Charge (OIC) of the Fredericton General Investigation Section (GIS), assumes the role of lead investigator.

1991

Marcel Beaupre, who was a superintendent at the NBTS (its third) between 15 April 1964 and 14 May 1965, pleads guilty to sexually assaulting three young aboriginal boys between 1965 and 1971 in the Yukon.

25 January 1991

Mr. Robicheau forwards a letter to the RCMP from Tony Cameron, a former NBTS staff member, which lists the names of seven new possible victims of Mr. Toft.

11 March 1991

Mr. Robicheau sends the RCMP three additional names of possible Toft victims.

29 May 1991

Corporal Ray Brennan, working out of Saint John, is requested by Staff Sergeant Fred Fearon to assist in the growing NBTS investigation and takes over the bulk of the investigation work.

26 June 1991

FPF Constable Randy Reilly, a former NBTS employee, speaks to Marc Wouters, a former NBTS resident, who discloses that Mr. Toft sexually assaulted him. This leads to the opening of an FPF investigation into the NBTS.

16 July 1991

Constable Ed Paquet meets with FPF investigators and exchanges information while Corporal Brennan is on annual leave.

30 July 1991

Corporal Brennan meets with FPF investigators and obtains a list of 47 possible Toft victims, which was compiled by Constable Reilly based on his previous employment at the NBTS.

August 1991

Corporal Brennan learns that the Young Offenders Act is creating problems with accessing NBTS records from the Provincial Archives of New Brunswick, which is required to complete the RCMP's random sampling of former residents. The Act requires the consent of the subject of a file (or record) before it can be released.

20 August 1991

Corporal Brennan learns that FPF Detective Tim Kelly has been directed by his superiors to run the investigation separately from the RCMP's (i.e., there will be no joint-forces operation). They agree to exchange information pertinent to each other's jurisdiction.

September 1991

Corporal Brennan begins to receive complaints of abuse committed by Weldon (Bud) Raymond and Hector Duguay, other former NBTS employees.

5 September 1991

Crown counsel Corby calls Sergeant McNeill and informs him that he will be proceeding on 10 September with 27 charges against Mr. Toft based on the FPF's investigation. Sergeant McNeill advises him that the RCMP is not ready to lay charges. Later this same day, Sergeant McNeill learns from his superiors that the 27 FPF charges cover nine victims and 14 of the charges were in RCMP jurisdiction.

9 September 1991

An RCMP meeting results in decisions to

  • complete a random sample of names for the tenure of Mr. Toft's employment at the NBTS (between 1965 and 1985) to determine how widespread his offences were;
  • interview the 30 of the 60 names identified but not contacted by the FPF and any others that come forward as a result of the press release about Mr. Toft's arrest; and
  • based on this information, have Sergeant McNeill compile a list of potential victims that Corporal Brennan and Constable Ken Legge will locate and interview.

9-10 September 1991

The FPF arrests and charges Mr. Toft with 27 sexual abuse charges.

13 September 1991

Sergeant McNeill meets with Superintendent Sullivan of the NBTS to get a list of admissions for 1965 to1985; he is advised that only current records are kept at the NBTS. Old records are sent to the Correctional Services Central Records Registry for seven years and then to the Provincial Archives for indefinite retention.

18 November 1991

Sergeant McNeill is transferred to the McAdam Detachment in Oromocto, New Brunswick. Sergeant Lockhart is moved into the Non-commissioned Officer (NCO)-in-charge (i/c) of GIS position.

18 December 1991

Superintendent Giuliano Zaccardelli and Inspector Rod Smith meet with Deputy Attorney General Paul LeBreton and Director of Public Prosecutions Robert Murray to discuss the difficulties the RCMP is having in obtaining the NBTS records from the Provincial Archives. They decide that Crown counsel Mary Beth Beaton will prepare a youth court application asking that the judge waive the subject consent requirement.

23 January 1992

The application for access to the records, prepared by Corporal Brennan, Ms. Beaton and others, is heard by Youth Court Judge G. William N. Cockburn. Justice Cockburn reserves his decision to conduct further study on the matter.

31 January 1992

Superintendent Ford Matchim requests Sergeant Doug Lockhart to investigate the rumours about Staff Sergeant Clifford McCann's involvement with youth at the NBTS, which surfaced during Corporal Brennan's investigation in the fall of 1991.

13 February 1992

Judge Cockburn approves the application for the RCMP to access the NBTS records held by the Provincial Archives. The application covers the period of Mr. Toft's tenure at the NBTS, 1965-1985.

18-21 February 1992

The RCMP completes the random sampling of the NBTS records held at the Provincial Archives. More sampling done on 25 and 27 March results in the names of a total of approximately 600 former NBTS residents being obtained from the Provincial Archives.

21 February 1992

Corporal Brennan gives Crown counsel Corby a court brief regarding possible RCMP charges against Mr. Toft, which is based largely on his and Constable Legge's success in locating, contacting and obtaining statements from those who disclosed abuse by Mr. Toft.

10-11 March 1992

Mr. Toft's preliminary hearing for the 27 FPF charges takes place. Provincial Court Judge Judy Clendenning commits Mr. Toft to stand trial by judge and jury on 25 of the 27 charges. On the second day of the hearing (11 March), Corporal Brennan lays 12 additional RCMP charges against Mr. Toft involving 10 victims.

12 March 1992

Sergeant Lockhart meets with Staff Sergeant McCann and advises him of the rumours; Staff Sergeant McCann denies them.

13 March 1992

Crown counsel Corby determines that the 12 RCMP charges will go directly to trial along with the FPF charges.

2 October 1992

Mr. Toft pleads guilty to 34 charges (laid by the FPF and the RCMP) involving 18 victims before Superior Court Judge David Russell.

28 October 1992

Mr. Robicheau comes across the concluded RCMP investigation into Mr. Belanger and asks the RCMP to revisit the case in light of the current investigation into the NBTS.

November 1992

The RCMP decides to go to the Provincial Archives to obtain a random sample of 100 youths during the tenure of Mr. Raymond, Mr. Duguay "or any other adult attached or connected as an employee or visitor at YTC [Youth Training Centre]."

2 November 1992

Steve Finlay, who had contacted the RCMP the previous month, is interviewed and provides a statement about Mr. Beaupre. He says that, in the 1960s, Mr. Beaupre's cottage was near his cottage, and that during this time he befriended a boy from the NBTS whom Mr. Beaupre had brought to the cottage. The boy told Mr. Finlay that he would go skinny-dipping and sleep in the same bed with Mr. Beaupre.

4 November 1992

After conducting a review of the Belanger case at the request of Mr. Robicheau, the RCMP forwards the investigation to Mr. Murray for "further assessment."

23 November 1992

Mr. Murray responds that the opinion of the Crown's office regarding the Belanger investigation has not changed; it remains convinced that there is "no reasonable likelihood of conviction."

3 December 1992

Sergeant Lockhart notes that he will complete any necessary follow-up from his current investigation into the NBTS regarding Mr. Belanger. He writes that there was adequate substance to charge Mr. Belanger and that an appeal of the Crown's decision should have been sought earlier; however, according to Criminal Code, Section 786(2) (formerly Section 721(2)), proceedings cannot be instituted more than six months after the date when the matter first arose.

4 December 1992

Mr. Toft is sentenced to 13 years in prison by Justice Russell.

7 December 1992

Constable James McAnany speaks to Mr. Roy twice. Initially, Mr. Roy vaguely discloses abuse by Staff Sergeant McCann and considers becoming involved. He provides the names of two possible victims of Staff Sergeant McCann. In a later telephone conversation, however, he indicates he is not willing to get involved. Constable Legge arrives in Toronto a few days later to take Mr. Roy's statement but Mr. Roy refuses.

14 January 1993

Reporter Phillip Lee of the Telegraph Journal visits Inspector Mike Connolly to talk about Mr. Lee's interview with an anonymous former NBTS resident. Mr. Lee states that according to his source, Mr. Beaupre took the former resident to a camp sometime between 1964 and 1966 and tried to get into bed with him, but the former resident asked Mr. Beaupre to get out. The former resident's mother advised Mr. Lee that, at the time, she called the RCMP in Minto, New Brunswick, about the incident but nothing was done. Mr. Lee ran the story a short while later.

17 February 1993

Constable McAnany speaks with Malcolm Salenger, the former Director of Corrections, by telephone. Mr. Salenger states that he was unaware of Mr. Beaupre's homosexual activities and that a lot of people who are dead are going to be hurt. Mr. Salenger says he had no suspicions of Mr. Beaupre abusing the NBTS residents.

March to June 1993

The RCMP attempts to locate the boy Mr. Finlay referred to in November 1992.

2 March 1993

Constable McAnany interviews Mr. Salenger who is adamant that he never heard or saw anything that led him to believe that Mr. Beaupre was sexually abusing youth. Mr. Salenger states that he recruited Mr. Beaupre from Probation Services to work at the NBTS and that Mr. Beaupre disagreed with his decisions regarding the funding of programs at the NBTS, and therefore, left the school and New Brunswick.

18 April 1993

Staff Sergeant McCann retires from the RCMP.

May 1993

Sergeant Lockhart speaks with several members at Riverview Detachment where Mr. McCann was NCO for several years about rumours, missing photos and an incident in a dressing room-washroom at a hockey arena. Constable Lise Roussel attempts to secure a statement from Mr. Roy in Toronto but is unsuccessful.

June-November 1993

Constable McAnany attempts to contact Mr. Belanger. Mr. Belanger is the possible suspect in allegations of sexual abuse filed by a former resident who could not recall the abuser's name.

21 June 1993

At a GIS staff meeting, an RCMP file on Mr. Beaupre is concluded, given that there are no allegations against Mr. Beaupre.

13-14 September 1993

Mr. Duguay goes on trial before Judge Russell on five charges regarding four victims. He is found guilty on four charges.

14 October 1993

Mr. Duguay is sentenced to a five-month concurrent sentence in a provincial jail.

22 October 1993

After some discussion with the Crown's office, Constable McAnany lays 15 additional charges, involving 13 victims, against Mr. Toft before Provincial Court Judge Patricia L. Cumming.

29 October 1993

Attorney General Edmond Blanchard instructs Crown counsel to withdraw its application to delay the Commission of Inquiry (known as the Miller Inquiry) and instead enters a stay of proceedings on the new RCMP charges against Mr. Toft, mainly because they were similar in nature to those for which he has already been convicted and sentenced.

16 November 1993

The investigation into Mr. Belanger is closed after Constable McAnany speaks to Mr. Belanger's lawyer who indicates that the leads against his client are "full of holes."

29 November 1993

The Miller Inquiry (named after the Commissioner of the Inquiry, the Honourable Richard L. Miller) commences hearings into the NBTS.

23 December 1993

Sergeant Lockhart writes a concluding report regarding Mr. McCann, noting that there are "no reasonable and probable grounds to support a criminal charge of any kind."

20-21 and 24 October 1994

Mr. Raymond goes on trial in Saint John before Judge John Turnbull on two charges; he is found not guilty for both.

14-17 November 1994

Mr. Raymond goes on trial in Fredericton before Judge Russell on five charges; he is acquitted on two counts and found not guilty on two other counts; the jury was hung regarding the last count.

2 March 1995

Attorney General Blanchard writes Chief Superintendent Roy Berlinquette for comments on two matters that surfaced during the Miller Inquiry: the finding that the Toft investigation was not a priority for the RCMP; and whether the RCMP investigated the complaint of a former resident regarding physical abuse.

15 March 1995

Chief Superintendent Berlinquette responds to Attorney General Blanchard's first comment that the Toft investigation was not a priority for the RCMP:

This statement when read in context is referring to the summer of 1991, prior to the disclosure made to Constable Reilly and the publicity following the arrest of Toft.

Chief Superintendent Berlinquette says the complaint of physical abuse was investigated and that the tip would remain concluded.

27 March 1995

Superintendent Pierre Lange sends a letter to Mr. Murray asking whether the stay of proceedings on the 15 charges against Karl Toft will be lifted now that the Inquiry is complete.

26 April 1995

Mr. Murray responds to Superintendent Lange that the Crown will not be reinstituting the 15 charges.

1995-1997

Based on Mr. Murray's opinion, the RCMP decides not to investigate any further complaints regarding the NBTS. Complainants that come forward are to be provided the reasons why.

11 September 1997

Former NBTS resident Gregory Shore, who later became a complainant to the Commission for Public Complaints Against the RCMP (CPC), contacts the police regarding abuse at the NBTS by Mr. Toft and Mr. Raymond for the first time. His statement is given to the Metropolitan Toronto Police Division and forwarded to Constable Rick Evans in New Brunswick.

19 January 1998

Brad Lewis contacts "J" Division and reports, for the first time, that he was a victim of sexual abuse by Mr. McCann. Mr. Lewis is interviewed the next day by Staff Sergeant Jacques Ouellette and Sergeant Dave Dunphy. Mr. Lewis later became a complainant to the CPC.

February 1998

Constable Pat Cole makes contact with David Wright (another future CPC complainant) because Mr. Lewis had named him during their interview on 20 January 1998 as another possible victim of Mr. McCann. Mr. Wright had relayed a story of minor sexual abuse by Mr. McCann in an interview with Constable McAnany on 30 March 1993.

29 October 1998

Staff Sergeant Ouellette and Constable Cole interview Mr. McCann at his home in the presence of his wife. He again denies any sexual abuse of former NBTS residents, specifically Mr. Lewis and Mr. Wright.

5 March 1999

Glen Abbott, the Director of Public Prosecutions, sends a letter to Superintendent Michel Seguin, the OIC of Criminal Operations (CROPS), indicating that Mr. Shore's complaint involves allegations of abuse by staff members at the NBTS other than Mr. Toft. In December 1997, Inspector Seguin had initially advised Mr. Shore that his complaints would not be investigated because of the Attorney General's decision not to proceed with charges against Mr. Toft. Based on Mr. Abbott's letter, however, Inspector Seguin advises investigators to contact Mr. Shore about his complaints regarding persons other than Mr. Toft.

18 June 1999

Mr. Abbott clarifies again issues with respect to Mr. Shore's complaint in a letter to the RCMP, this time to Superintendent Lange. Mr. Abbott indicates that the Crown will review Mr. Shore's allegation that Mr. Toft ordered other boys to cut his penis because the allegation differs from those for which Mr. Toft had been convicted.

1999-2000

Corporal Paulette Delaney-Smith and Constable Phil Houle continue the investigation into allegations by Mr. Shore, Joseph Rollins and others.

February 2000

Due in large part to Mr. Lewis' persistence, the NBTS investigation, including an investigation into Staff Sergeant McCann, is reopened.

22 February 2000

Staff Sergeant Ouellette meets with Mr. Corby and advises him that they are reopening the investigation into the NBTS; however, there are many delays in getting the project running due to a lack of human and financial resources.

October 2000

Staff Sergeant Dunphy returns to the Major Crime Unit; his first job is to prepare a proposal for funding and resources for a task-force investigation into the NBTS.

26 October 2000

The Telegraph Journal releases an article entitled "RCMP Task Force to Deal with Kingsclear Allegations." Staff Sergeant Ouellette is quoted as saying that officers had been reviewing new allegations for the past year but that "this fall we're looking at putting together something that's going to make this thing move a little bit faster."

31 January 2001

Staff Sergeant Dunphy meets with Crown counsel Kevin Connell to discuss the business rules regarding the upcoming investigation into the NBTS, including that Mr. Toft would not be prosecuted for offences similar to those for which he has already been convicted and sentenced, and that, given that Mr. Raymond was found not guilty at trial, the "bar has been raised" in terms of what grounds would satisfy proceeding with charges against him.

8 February 2001

Staff Sergeant Dunphy writes a memorandum outlining a scaled-down version of the NBTS investigation plan for which he requests resources. The plan includes the investigation of 145 files that require follow-up-99 involve persons that were never contacted. While there is no formal note indicating the plan was accepted, this appears to be the plan that investigators followed.

1 May 2001

The task force meets for the first time. Participants include Staff Sergeant Dunphy, Corporal Clive Vallis and constables Kathy Long, Al Rogers and Pierre Gervais. Corporal Delaney-Smith is still on board as part of the team but does not attend the task-force meeting. In mid August 2001, Constable Denise Potvin joins the team.

30 October 2001

Staff Sergeant Dunphy writes to Mr. Lewis to advise him that his file has been concluded. He provides as reasons the fact that the abuse he reported by Mr. McCann was minor and that the six-month limitation period for a summary conviction had passed (Section 786(2), formerly Section 721(2) of the Criminal Code).

8 February 2002

Mr. Connell writes to Staff Sergeant Dunphy to advise that he has reviewed the material relating to Mr. Rollins and Mr. Shore and that he does not recommend charges in either case. (The task force dropped Mr. Rollins' complaints of sexual assault against Mr. Toft because they did not differ from earlier charges in accordance with the Attorney General's decision about new charges.)

14 March 2002

Corporal Vallis and Constable Rogers report on the lack of co-operation from former and current Riverview Detachment members in an Investigation Report; the Report went to the Complaints and Internal Investigations Services (CIIS), but no action was taken against the one officer who was still active.

22 May 2002

Mr. Connell confirms his 8 February 2002 decision that there is "no reasonable expectation of a successful prosecution against either Karl Richard Toft or Weldon Michael Raymond, concerning Mr. Shore's allegations."

29-30 May 2002

Staff Sergeant Dunphy sends letters to Messrs. Shore and Rollins indicating that their files will be concluded without charges.

26 August 2002

Mr. Connell offers his opinion that there is "no reasonable prospect of a conviction" against Mr. Raymond regarding complaints of sexual abuse by victims Roger Philippe and John Little.

September 2002

A search warrant, instigated by the RCMP, is drafted for the McCann house. However, the CPC is unsure if the draft was sent to the Crown's office and while no formal response to it could be found in the relevant material, a copy was found with an unknown author's comments in the margins questioning what evidence the RCMP had to justify a search. The house was never searched.

2 September 2002

Staff Sergeant Dunphy writes to Mr. Philippe and Mr. Little to let them know that, following consultation with the Crown's office, their files had been concluded.

11 September 2002

Mr. McCann is arrested at a local golf course and taken to the Oromocto Detachment where he is questioned for several hours by Mike St. Onge, a polygraphist, and Staff Sergeant Dunphy. Mr. McCann does not admit any guilt and is released later that night.

29 November 2002

Given Mrs. McCann's comments to Corporal Delaney-Smith, Constable Long sends a note to Mr. Connell asking if they have grounds to request Mr. McCann's medical file. Mr. Connell responds on 30 January 2003 that it was "too much of a fishing trip."

July-October 2003

Mr. Connell sends letters to Staff Sergeant Dunphy detailing the results of his review on the six McCann victims. He determined that in each case "an acquittal is more likely than a conviction."

13 November 2003

Staff Sergeant Dunphy sends letters to the McCann complainants indicating that, based on consultation with the Crown's office, no charges will be laid due to a lack of "reasonable grounds" and that, therefore, their files were concluded.


Appendix C: Individuals Involved in RCMP Investigations

The following table lists the RCMP members who were involved in the investigations of the New Brunswick Training School (NBTS) and Staff Sergeant Clifford McCann, as well as some of the individuals that the Commission for Public Complaints Against the RCMP (CPC) interviewed. The table includes the names of some of the complainants and bystanders who were not implicated in the investigation.

* Where the interview length does not provide the number of minutes or seconds, "xx" is substituted.

Individual/ Interviewee Date
(mm/dd/yyyy)
Length
(hhmmss)*
Title and Role During RCMP Investigation

Abbott, Glen

01/25/2007
01:38:24

Director of Public Prosecutions in Fredericton, NB, since May 1997. Served as a Crown counsel from 1975, working in Specialized Prosecutions from 1991 until being promoted in 1997.

Andrews, Craig

06/13/2006
00:21:23

Corporal in "J" Division. Posted to Riverview Detachment as a constable beginning in September 1992 to 1998.

Anonymous Witness

04/21/2006
02:16:xx

Did not have a role in the investigation.

Arnett, Dan
(Refused to be interviewed)

Retired Corporal. Promoted and posted to Riverview Detachment as a corporal from January 1987 to August 1992.

Arseneau, Charlie

06/14/2006
00:25:08

Civilian member in "J" Division. Posted to Riverview Detachment from December 1989 until 1992 as a constable. In 1992, he returned to being a civilian member and continues as such to this date.

Badeau, Lionel
(Not interviewed)

 

NBTS employee from the opening of the school in December 1962 to October 1990. Held several positions at the NBTS, including Superintendent on occasion, but most often acted as Deputy Superintendent.

Beaton, Mary Beth
(Interviewee did not want the interview recorded)

01/22/2007
02:05:xx

Retired Crown counsel. Served as provincial Crown counsel in Fredericton from1980 to 1987. Promoted to Assistant Director of Public Prosecutions in 1987 and remained in this role until retiring in 2002.

Beaulac, Herman

04/10/2006
04/03/2007
01:07:38
00:34:xx

Retired Deputy Commissioner. Officer Commanding (OC) of Bathurst Subdivision between 1985 and 1989. Promoted to Chief Superintendent in 1989 and was Commanding Officer (CO) of "J" Division until 1993.

Belliveau, Gerry

03/04/2007
01:13:30

Staff Sergeant in "J" Division. Posted as a corporal at Major Crime Unit (MCU) South in September 1995. Promoted to Sergeant in May 2002, and to Staff Sergeant in February 2005. Had little involvement with the NBTS investigation between March 1999 and September 2002.

Berlinquette, Roy

04/25/2006
01:00:04

Retired Deputy Commissioner. CO of "J" Division from May 1993 to May 1997.

Bernard, Linda

05/08/2006
00:43:18

Civilian clerk at Riverview Detachment in the 1980s when McCann was transferred there.

Brennan, Ray

05/10/2006
05/11/2006
05:16:xx

Retired Sergeant. From May 1991 to March 1992 he was a corporal working on the NBTS investigation out of Saint John, NB.

Brown, Jason

09/19/2005
02:30:xx

CPC complainant and NBTS resident.

Burrows, Bill

03/15/2006
08/01/2006
00:38:20
00:12:58

Retired Staff Sergeant. Posted to Riverview Detachment between June 1992 and October 1994.

Cameron, Roger

07/17/2006
01:26:08

Sergeant in "A" Division. Joined "J" Division in March 1975 and was posted to Riverview as a constable from May 1989 to February 1991.

Cameron, Tony
(Not interviewed)

NBTS employee from November 1980 to January 1986. Provided names of possible victims of Karl Toft to Hugh Robicheau in January of 1991. Robicheau forwarded these names to the RCMP.

Cannon, Clive

02/14/2006
00:45:21

Retired Sergeant. "J" Division member from 1978 to 1998. As a corporal in January 1993, he advised Constable Ken Legge that he had taken a statement from Mike Roy in 1984 regarding a number of outstanding minor crimes. He subsequently received a call from Staff Sergeant McCann, wondering if Mr. Roy had mentioned him.

Carlisle, Gordon (Mac)
(Not interviewed/Unable to contact)

Retired Chief. Chief of the Fredericton Police Force (FPF) during the FPF's NBTS investigation in 1985, when Corporal Lillian Ulsh completed a report based on contact from David Forbes, and in 1991, when the FPF investigated Mr. Toft for approximately two months, and then laid charges against him in September 1991.

Charbonneau, Phillip

09/22/2005
01:30:xx

CPC complainant. An NBTS resident from 21 April 1982 to 8 April 1983.

Chartrand, Phil

10/05/2006
01:23:32

Retired Superintendent. Worked in Administration and Personnel (A&) from October 1988 to July 1992.

Clark, Sharon

06/12/2006
00:39:07

Administrative Assistant to the Officer-in-Charge (OIC) Criminal Operations (CROPS) of "J" Division from 1977 to the present.

Cochrane, Larry

05/09/2006
00:32:03

Retired Staff Sergeant. In 1981, transferred to the Criminal Intelligence Service New Brunswick (CISNB) for five years under Staff Sergeant McCann. Finished his career in Staffing and Personnel, retiring in May 1998.

Cole, Pat

12/05/2006
02:29:40

Constable in "J" Division. With the General Investigation Section (GIS) of the MCU from January 1993 to April 2002. Involved in the NBTS investigation from approximately January to December 1993, a little in May and June 1994 and between February 1998 and April 2002. Was involved in Staff Sergeant McCann's arrest in September 2002.

Connell, Kevin

04/18/2007
01:05:xx

NB Crown counsel in Fredericton since 1986.

Connolly, Mike

01/12/2007
03:53:25

Retired Inspector. Largely involved in the NBTS investigation as the Assistant OIC CROPS from approximately October 1992 to October 1994.

Corby, William

01/24/2007
02:04:41

NB Crown counsel in Fredericton since 1988.

Cordeau, Michel

03/23/2006
00:22:04

Retired Constable. A member in the Fredericton Detachment between 1992 and 2000. Mentioned in relation to the NBTS investigation in the relevant material the CPC received from the RCMP. He verified that he was not involved in the investigation.

Cormier, Paul J.

06/13/2006
00:24:29

Staff Sergeant. Posted to Fredericton National Crime Intelligence Service (NCIS) from 1983 to 1984 as a constable. Staff Sergeant McCann was one of his direct supervisors.

Cowan, Patricia

08/31/2006
01:04:38

Retired Constable. Posted to Riverview Detachment from 1987 to 1993.

Cranshaw, Randall James

11/08/2005
00:56:03

CPC complainant and former NBTS resident.

Cranton, Frank

05/04/2006
00:33:23

Retired Superintendent. An A& officer in "J" Division from June 1992 until his retirement in July 1998.

Critchlow, Tom

06/12/2006
00:36:03

Corporal. NBTS employee from 1984 to 1989. Joined the RCMP in 1989 as a constable in "J" Division and continues to serve there.

Culligan, Ian
(Not interviewed)


Acting NBTS Superintendent between June 1974 and May 1975 and Superintendent between June 1975 and May 1977. Was the Executive Director of Correctional Services for NB from 1982 to 1995.

Daignault, Luc

08/31/2006
00:42:xx

Constable in "O" Division. Constable of the Cornwall Detachment since 1996. Took a statement from CPC complainant Daniel Trottier in May 2000.

Delaney-Smith, Paulette
(Refused to be interviewed on the advice of her lawyer, due to her involvement in another legal matter against the RCMP)

Corporal in "J" Division. With the MCU South since October 1999. Involved in the NBTS investigation from approximately January 2000 to May 2004.

Donelle, Sandra

08/02/2006
00:17:12

Civilian member in Codiac. Dispatcher at Riverview Detachment before and after Staff Sergeant McCann's arrival.

Dorais, Yves

03/02/2006
00:42:06

Retired Constable. Posted at Riverview Detachment between 1988 and 1992.

Doucette, Cy
(Interviewee did not want either interview recorded)

03/16/2006
08/01/2006
02:23:xx
00:33:xx

Retired Sergeant. Posted as a constable at "J" Division Headquarters (HQ) from 1975 to 1984 and then to the Riverview Detachment as a sergeant until July 1991.

Drain, Hilary
(Interviewee did not want interview recorded)

01/22/2007
00:55:xx

Crown counsel. Served as provincial Crown counsel in Fredericton from 1988 to present.

Dugas, Alain

08/28/2006
00:50:42

Corporal. Took complaints from CPC complainant Daniel Trottier in May 1999 and May 2000 while stationed at Cornwall Detachment.

Duguay, Hector
(Deceased)

Convicted. A former NBTS employee between 1964 and 1970.

Dunphy, Dave

10/27/2006
05:30:xx

Retired Staff Sergeant. Held various positions within "J" Division, including the lead of the 2000 investigation team as the Non-commissioned Officer (NCO) Inspector-in-Charge (i/c) of the MCU. Had some involvement with the NBTS investigation in 1995 and 1998, but the bulk of his involvement was between October 2000 and June 2004.

Durling, Burton

02/16/2006
00:14:39

Retired Staff Sergeant. An RCMP member from 1960 to 1995. Spent the majority of his career in NB. Questioned regarding an incident at his retirement party that involved Mr. McCann.

Eaton, Mac
(Deceased, May 2005)

Retired Staff Sergeant. With MCU South as a sergeant. Involved in the NBTS investigation from approximately March 2000 to March 2002.

Evans, Rick

11/06/2006
02:23:05

Superintendent in "A" Division. Held various positions within "J" Division where he was involved in the NBTS investigation as a constable, and later a corporal. From approximately November 1992 to October 1997, he was a reader and reviewer in preparation for the Miller Inquiry.

Fearon, Fred

03/31/2006
00:38:51

Retired Staff Sergeant. CROPS Reader in "J" Division from approximately 1988 to 1995.

Feeney, Tim

06/26/2006
00:11:51

Sergeant. Was a casual employee at the NBTS from August 1986 to February 1987, after which he joined the RCMP as a constable in "J" Division.

Fitch, Shawn

12/08/2005
01:30:xx

Investigator. Assisted in locating and interviewing persons of interest during the Miller Inquiry.

Fleming, Maurice

03/14/2006
00:29:07

Retired Sergeant. Posted to Riverview Detachment as a sergeant from July 1991 to April 1997.

Forbes, David
(Unable to locate for interview)

NBTS employee from October 1984 to October 1985. Witnessed inappropriate conduct by Mr. Toft with a resident in October 1985 and pushed for action over the next several years, eventually leading to the Spink investigation in February 1990.

Gervais, Pierre

12/04/2006
02:38:44

Corporal in "J" Division. Was on the 2000 investigation team from approximately May 2001 to April 2002.

Gray (Johnson), Linda

06/13/2006
00:21:01

Corporal in "J" Division. Posted to Riverview Detachment between 1986 and 1989.

Griffiths, Brian

10/26/2006
01:59:28

Retired Staff Sergeant. Held various positions in "J" Division during his career with RCMP from April 1968 to July 2004. Largely involved in the NBTS investigation as a CROPS Reader from approximately April 1991 to March 2003.

Hamilton, Troy

06/14/2006
09/07/2007
00:39:32
00:30:xx

Constable. Met Staff Sergeant McCann in 1988 or 1989 through minor hockey and they became friends. Became an RCMP member in 2001.

Hill, Pat

07/24/2006
01:06:24

Corporal. Posted to Riverview Detachment as a constable from March 1989 to June 1992.

Houle, Phil

01/30/2007
01:54:20

Constable. Moved to the GIS in May of 1994 and worked with the NBTS file from approximately June 1994 to September 1994 and again from July 1999 to August 2000.

Hovey, Dawson

07/11/2006
00:39:31

Retired Assistant Commissioner. Was the OIC of Financial Services and Supply from July 1988 to July 1993. Had minimal involvement with the NBTS investigation in 1993.

Howatt, Jocelyn

02/14/2006
01:04:19

NBTS employee for nine months in 1984 to 1985.

Hutchinson, Al

04/20/2006
01:19:46

Retired Assistant Commissioner. Was moved to CROPS in 1989 as the Assistant CROPS Officer until spring of 1992 (also acted in place of the OIC CROPS during this time). Was responsible for reopening the NBTS investigation in October 1990.

Jardine (Wylie), Becky

08/08/2006
00:37:45

Constable. Posted to Riverview Detachment from 1989 to 1991.

Johnston, Mason

03/14/2006
08/03/2006
00:40:29
00:18:16

Retired Staff Sergeant. Posted for his entire RCMP career, from 1965 to 1993, at "J" Division and worked with Staff Sergeant McCann, particularly at Riverview Detachment.

Kelly, Tim

12/09/2005
02:00:49

FPF Staff Sergeant. Worked as an FPF detective who investigated abuse at the NBTS between June and September 1991.

Kerr, Ken

05/09/2006
01:01:16

Retired Inspector. Was the Staffing and Personnel officer who signed off on some of Staff Sergeant McCann's personnel files.

Keyes, William
(Not interviewed)

NBTS Superintendent. Was at the NBTS from August 1971 to June 1974. Tried to have Mr. Toft removed from the NBTS based on his suspicions. Fired Weldon (Bud) Raymond from the NBTS in 1973 for lying about a medical matter and abandoning his post.

Kozij, Tony

03/21/2006
00:29:24

Retired Superintendent. Constable at Fredericton Detachment from August 1960 to January 1966. Questioned about whether he recalled returning a boy to the NBTS as per the statement of one CPC complainant. He did not recall the incident.

Lajoie, Bernie

05/30/2006
00:29:23

Staff Sergeant. Posted to Riverview Detachment as a corporal between 1992 and 1994.

Landry, Frank

05/24/2006
00:30:22

Sergeant. Transferred to RCMP HQ in Fredericton in 1989 as a staff representative (an elected position) where he remained until March 1991. Stayed at HQ for an additional six months until transferring to Riverview Detachment as a corporal in October 1991 and remaining there until August 1992.

Lange, Pierre

02/01/2007
01:21:43

Retired Deputy Commissioner. OIC CROPS as an inspector, and later Superintendent. Involved in the NBTS investigation from approximately August 1993 to May 1995.

Lebel, Gerry

08/05/2006
01:03:54

Retired Constable. Posted to Riverview Detachment from May 1990 to January 1993.

LeBlanc, Ron

03/05/2007
00:34:15

Crown counsel. Served as a provincial Crown counsel in Moncton from 1982 to 2002. Asked by the RCMP in August 1993 to review a brief pertaining to allegations of abuse against a former NBTS Superintendent. Mr. LeBlanc recommended that no charges be laid in his September 1993 written decision.

Legge, Ken

09/18/2006
02:17:xx

Staff Sergeant. Held various ranks in "J" Division since joining the RCMP in 1977. Involved in the 1990s investigation team as a constable with GIS/MCU from approximately September 1991 to January 1993, and again as a corporal from March 1999 to June 1999.

Lemay, Robert
(Interviewee did not want interview recorded)

07/20/2006
01:20:xx

Sergeant. Posted to Riverview Detachment from August 1988 to April 1991.

Lewis, Brad

09/20/2005
01:30:xx

CPC complainant and NBTS resident in 1983.

Lockhart, Doug

11/24/2006
11/25/2006
07:49:22 (Total)

Sergeant. Lead role in the NBTS and McCann investigations, first as the temporary and then as the permanent NCO i/c GIS. His involvement spanned approximately February 1990 to May 1994.

Lockyer, James

02/28/2007
01:14:31

Attorney General and Minister of Justice for NB from October 1987 to September 1991 and as Attorney General for NB from 1998 to 1999.

Long, Kathy

11/29/2005
12/14/2006
06:32:xx
02:30:xx

Retired Constable. Constable on the 2000 investigation team from May 2001 to April 2003.

Lordon (Wingate), Kathy

08/03/2006
00:20:49

Crown counsel. Served as a provincial Crown counsel in Moncton from 1987 to approximately 1994. Assigned to the attempted murder case.

Matchim, Ford

09/09/2006
01:45:xx

Retired Assistant Commissioner. OIC of Fredericton Subdivision between June 1989 and November 1992. Involved in the NBTS investigation from approximately February 1990 to October 1992.

McAnany, James

01/09/2007
01/10/2007
08:58:47 (Total)

Sergeant. On the 1990s investigation team as a constable from approximately November 1991 to June 1997.

McAvity, Jim

04/18/2007
00:12:xx

Crown counsel. Served as a provincial Crown counsel in Fredericton since 1976.

McCann, Clifford
(Refused to be interviewed based on the advice of his lawyer)

Retired Staff Sergeant and a suspect.

McNeil, Rolly
(Interviewee did not want interview recorded)

08/04/2006
01:08:xx

Retired Inspector. Posted to the Riverview Detachment between August 1986 and October 1989.

McNeill, Gary

04/02/2006
02:48:08

Retired Sergeant. The NCO i/c GIS from July 1990 to November 1991. Involved in the reopening of the NBTS investigation in October 1990 and the ensuing investigation until his transfer to McAdam Detachment in 1991.

McPhee, Ken

05/29/2006
00:22:46

Constable. Posted at "J" Division from 1976 to 2003. He never worked directly with Staff Sergeant McCann but had a confrontation with him at the mess hall in approximately 1995.

Merrill, Boyd

09/08/2006
01:00:25

Corporal. An NBTS employee from 1982 to 1987. Became an RCMP member in 1988. Has never worked in "J" Division.

Michaud, Marielle

03/16/2006
00:25:xx

Retired Constable. Posted to Riverview Detachment from 1990 to 1992.

Miller, John Richard

06/28/2006
00:29:11

Retired Staff Sergeant. Posted to Fredericton Detachment from 1977 to 1979. Reported to Staff Sergeant McCann for approximately 18 months.

Miller, Peter

11/07/2006
01:34:35

Retired Assistant Commissioner. Worked in Staffing and Personnel as Inspector (i/c). Involved in Staff Sergeant McCann's transfer out of Riverview Detachment from August 1989 to November 1992. Involved in the NBTS investigation as the Acting CO of Fredericton Subdivision from approximately October 1992 to February 1993 and then sporadically until May 1995.

Morris, Keith

06/14/2006
00:25:52

Staff Sergeant. Transferred to RCMP HQ in Fredericton as a CROPS Reader in 1985 where he met Staff Sergeant McCann.

Murphy, Solange

05/09/2006
00:57:54

Employee. A civilian clerk during the 1990s investigation team at "J" Division.

Murray, Robert (Bob)
(Audio problems during interview)

10/24/2006
02:00:03

Crown counsel. Served the Director of Public Prosecutions from 1981 to 1996 and worked in Special Projects from June 1996 to March 1997. Returned to serving as a Crown counsel from 1997 to his retirement in Mach 2002.

Nugent, Dan

09/06/2006
00:24:50

Superintendent. OIC Operational Support Services (OSS) since April 2003. Played a minor role in the latter stages of the NBTS investigation from approximately April 2003 to April 2004.

O'Brien, Ron

02/15/2006
09/06/2006
01:18:05
00:29:xx

Retired Staff Sergeant. At "J" Division from 1979 to 1994. Worked under Staff Sergeant McCann for approximately 18 months.

Orem, Chuck
(Interview was not recorded due to a technical problem)

08/10/2006
02:xx:xx

Retired Inspector. Member of the 1990s investigation team from approximately June 1992 to January 1996.

Ouellette, Jacques

12/06/2006
01:47:07

Retired Staff Sergeant. Held various positions in "J" Division. Involved in the NBTS investigation from approximately May 1997 to October 2001.

Pallister, Peter
(Interviewee could not be interviewed due to illness)

Retired Staff Sergeant. Mr. McCann`s supervisor while he was in "O" Division prior to 1977.

Paquet, Ed

10/25/2006
02:17:xx

Retired Corporal. With GIS from November 1986 to March 1993. Involved in the NBTS investigation from Saint John, NB, from approximately December 1990 to February 1993.

Parent, Yves

07/13/2006
00:19:07

Sergeant. Posted to Riverview Detachment as a constable from July 1990 to August 1993.

Parker Brown, Elaine

06/12/2006
00:31:36

Employee. Records Clerk in "J" Division from 1989 to the present.

Parnell, Roger

01/31/2007
01:11:18

Retired Staff Sergeant. Held various positions in "J" Division from 1970 until retiring in late 1992. Minimal involvement in the NBTS investigation from approximately October 1990 to November 1992 when he acted as OC of Fredericton Subdivision.

Payne, Jim

03/02/2007
01:13:17

Chief Superintendent. OIC CROPS from 2000 to present. Involved in the NBTS investigation from approximately December 2000 to January 2003.

Potvin, Denise

11/15/2006
03:07:05

Retired Constable. Member of the 1990s investigation team from approximately November 1992 to January 1993. Member of the 2000 investigation team from approximately August 2001 to July 2002.

Potvin, Rick

11/13/2006
03:05:57

Sergeant. Member of the 1990s investigation team as a constable from approximately November 1992 to May 1993.

Quigley, Tim

03/31/2006
00:43:57

Retired Assistant Commissioner. Held various positions in "J" Division from 1974 to 1988 and knew of Staff Sergeant McCann. Was the CO of "J" Division from 1999 until his retirement in 2004.

Raymond, Weldon (Bud)

11/06/2005
01:xx:xx

NBTS employee from 1963 to 1973 and a suspect. Passed away four days after the interview.

Reilly, Randy
(Refused to be interviewed)

FPF Corporal. Investigated abuse at the NBTS as an FPF Constable from June 1991 to September of 1991.

Richards, Tom
(Not interviewed)

NBTS Superintendent from April 1974 to June 1974 and from April 1979 to July 1987.

Rivard, Al

04/11/2006
01:08:17

Retired Chief Superintendent. OC of Moncton Subdivision from May 1988 to March 1994. Staff Sergeant McCann's supervisor when he was at Riverview Detachment.

Robertson, Tom

02/16/2006
00:43:24

Retired Staff Sergeant. RCMP member from 1959 to 1995. Knew Staff Sergeant McCann and had some dealings with him.

Robicheau, Hugh

12/18/2006
01:50:39

Retired Superintendent. RCMP officer who spent his entire career in "J" Division from 1957 to 1989. Retired as the OIC CROPS and was Staff Sergeant McCann's supervisor for a long period. Following his retirement, he went to the Department of Justice of NB as the Executive Director of Policing Services for the province where he was involved in the NBTS investigation from approximately September 1990 to April 1993.

Robinson, Richard
(Not interviewed)

New Brunswick CBC on-air radio news personality. David Forbes made contact with him, which led to the Spink investigation by the RCMP in February 1990.

Rochon, Bob

06/28/2006
08/03/2006
01:20:48
00:26:10

Retired Superintendent. Posted to Riverview Detachment from September 1989 to June 1990.

Rogers, Al

12/15/2006
03:30:xx

Corporal. Constable on the 2000 investigation team from approximately May 2001 to May 2004.

Roussel, Lise

11/09/2006
02:59:19

Sergeant. Constable on the 1990s investigation team from February 1992 to June 1992 and a corporal when involved in the investigation from April 1993 to March 1994.

Roy, Leo

03/29/2006
00:21:21

Retired Corporal. RCMP member from 1972 to 2000 who spent the majority of his career in NB.

Rushton, Roy

03/29/2006
00:09:10

Retired Staff Sergeant. RCMP member who spent his career in eastern Canada from 1957 to 1988. Questioned about his recollection of returning a boy to the NBTS as per the statement of a former resident. He did not recall the incident.

Ryan, Shaun

03/28/2006
00:38:23

Retired Corporal. Constable on the 1990s investigation team from November 1992 to May 1993.

Ryan, Terry

05/26/2006
01:11:30

Retired Deputy Commissioner. Posted to "J" Division as an inspector from 1985 to 1989. Responsible for auditing detachments throughout the province. From 1988 to 1989, he was also the Acting CROPS Officer. In 1989 he was transferred to another division until 1997 when he returned to "J" Division as the Deputy Commissioner of the Atlantic Region until his retirement in 2003.

Seguin, Michel

09/27/2006
05:30:xx

Assistant Commissioner. OIC CROPS of "J" Division. Involved in the NBTS investigation from approximately June 1997 to December 2000.

Shore, Gregory

03/28/2007
02:15:xx

CPC complainant and former NBTS resident.

Smith, Bill

03/08/2007
01:55:55

Chief Superintendent. Inspector and OIC OSS. Involved in the NBTS investigation from approximately February 2000 to August 2002.

Smith, Rod

01/29/2007
01:12:18

Assistant Commissioner. Acted as the OIC CROPS in July of 1991. Involved in the NBTS investigation from approximately November 1991 to August 1993.

Snow, Gordon

02/15/2006
00:26:40

Retired Staff Sergeant. Posted to "J" Division and involved in the NBTS investigation from approximately June 1990 to June 1992 in various positions.

Spink, Tom

02/28/2006
03/02/2007
01:06:57
01:xx:xx

Retired Staff Sergeant. Completed the first RCMP investigation into the NBTS from February 1990 to July 1990 while a constable.

St. Laurent, Arlene

08/04/2006
00:12:31

Retired civilian member. Dispatcher in "J" Division HQ from April 1979 to September 2002.

St. Onge, Mike

02/27/2007
00:53:50

Sergeant. Polygraphist at MCU North who interrogated Mr. McCann when he was arrested on 11 September 2002.

Sullivan, Todd
(Not interviewed)

NBTS Superintendent from March 1988 to the closure of the school in 1998.

Theriault, Emile

09/05/2006
00:24:02

Constable. Posted to Riverview Detachment from January 1991 to October 1993.

Thibault, Luc

06/27/2006
00:42:xx

Constable. Posted to Riverview Detachment from February 1990 to July 1995.

Toft, Karl

09/21/2005
08/08/2006
01:xx:xx
01:xx:xx

Convicted. NBTS employee from January 1966 to October 1985.

Tremblay, Claude

06/15/2006
00:59:36

Corporal. Constable posted to Riverview Detachment from December 1989 to June 1995.

Trewin, Bill

09/05/2006
00:42:08

Retired Sergeant. A corporal shift supervisor during the attempted murder matter.

Trottier, Daniel

09/06/2005
01:30:xx

CPC complainant and former NBTS resident.

Turnbull, Rick

06/27/2006
00:21:47

Corporal. Posted as a constable to Riverview Detachment from 1990 to 1995.

Ulsh (Ripley), Lillian
(Not interviewed)

FPF Corporal. FPF police officer from 1989 to 1992. David Forbes took his initial complaint to her in 1985.

Vallis, Clive

01/08/2007
02:12:57

Corporal. Corporal on the 2000 investigation team from approximately May 2001 to April 2002.

Vassalo, Ray

03/29/2007
00:15:xx

Retired Sergeant. Worked with Corporal/Sergeant McCann while he was a constable in "O" Division.

Ward, John

04/12/2007

Staff Sergeant. Media Relations Officer in British Columbia.

Wawryk, Wayne

04/11/2006
00:39:06

Retired Assistant Commissioner. Superintendent and the OIC of the Fredericton Subdivision from February 1993 to January 1994.

Welcher, John

06/13/2006
00:26:42

Sergeant. Posted as a constable to Riverview Detachment from approximately 1989 to 1993.

White, Gloria

09/07/2006
00:26:49

Employee. Administrative assistant to the CO of "J" Division from 1985 to 2004.

Wigmore Mulder, Karen

08/04/2006
00:25:24

Employee. Records clerk in "J" Division from 1989 to 2002.

Wilmot, Noella

05/08/2006
01:06:43

Employee. Administrative Assistant with "J" Division from 1966 to present. Worked for Al Rivard at Riverview Detachment in the 1990s and was there when Staff Sergeant McCann transferred in, in September of 1987, and when he left in June of 1992.

Wilson, Mary

09/06/2006
00:28:40

Employee. Administrative support worker in GIS/MCU from 1986 to 2000.

Winchester, Kelly

04/18/2007
00:08:xx

Crown counsel. Served as a provincial Crown counsel in Fredericton from 1988 to present.

Wright, David

09/20/2005
02:xx:xx

CPC complainant and NBTS resident from 14 December 1982 to 13 June 1983.

Zaccardelli, Giuliano

01/15/2007
03:27:52

Former Commissioner. Superintendent and OIC CROPS in "J" Division. Involved in the NBTS investigation from approximately February 1990 to January 1994. RCMP Commissioner from September 2000 to December 2006.


Appendix D: Process and Methodology of the Kingsclear Investigation

This section describes how the Commission for Public Complaints Against the RCMP (CPC) structured the Kingsclear investigation, conducted interviews and staffed the public interest investigation teams. It also describes the methods used to acquire and review original investigation documents and the process used to manage the large volume of documentation.

Structure of the Investigation

The Kingsclear investigation was organized into two investigative tracks:

  1. The New Brunswick Training School (NBTS) staff and residents' investigation-which examines the conduct of the RCMP in relation to its criminal investigations into allegations of abuse by custodial staff and residents at the NBTS.
  2. The McCann investigation-which examines the conduct of the RCMP in relation to its criminal investigations of Staff Sergeant Clifford McCann.

The two investigation tracks were further organized into a series of phases. In certain phases, the CPC overlapped the investigations to increase efficiency and eliminate unnecessary duplication.

NBTS Staff and Residents' Investigation

The investigation of staff and residents at the NBTS consisted of the following four phases:

  1. Reviewing and summarizing the large amount of material pertinent to the investigation.
  2. Analyzing the results of the document review.
  3. Conducting a gap analysis, ensuring that all pertinent documents had been received and reviewed, and interviewing involved civilians and RCMP members.
  4. Preparing and completing the final investigation report.

McCann Investigation

The CPC organized the McCann investigation into the following five investigative phases:

  1. Interviewing the complainants and pertinent civilian witnesses.
  2. Interviewing RCMP officers who had retired or left the force.
  3. Interviewing current members of the RCMP who were involved in or associated with the investigation.
  4. Interviewing current members of the RCMP (and members who had retired subsequent to the initiation of this investigation) who were involved in the investigation in either an investigative or supervisory capacity, as well as key government witnesses who had been involved in the investigations under review.
  5. Preparing and completing the final investigation report.

Receipt of Investigation Material

RCMP Material

In June 2004, CPC staff travelled to the RCMP "J" Division Headquarters in Fredericton, New Brunswick, to obtain relevant material. The RCMP gave the CPC custody of 17 boxes of material containing original files and documentation. To ensure that all documents were accounted for both before and after the CPC's review, on-site CPC and RCMP staff took note of any files that appeared to be missing prior to the boxes being sealed for transport.

The documents included the investigative work of the RCMP teams, such as Tip files and numbers assigned to subjects during their investigations, and individual investigative files forwarded to the Crown as part of an information package for consideration of criminal charges. Upon their arrival at the CPC in Ottawa, the 17 boxes were secured in the vault of the Records Office. The CPC staff member who had witnessed their packaging in Fredericton verified that all seals were still intact.

The 18th box, which contained the investigative files regarding Staff Sergeant McCann, arrived separately from RCMP Headquarters in Ottawa, Ontario. CPC staff photocopied the contents of this box and, as requested, sent it to the RCMP "J" Division. While the documents were in the custody of the CPC, only authorized Records Office staff and members of the CPC's Kingsclear investigation team were allowed access. The team worked solely from photocopied documents.

Photocopies of relevant and other investigative material were kept secured in locked cabinets in a separate area of the CPC to guard against any possible breach of security by unauthorized personnel. As soon as the CPC obtained the required funding for the investigation, a separate workspace with a secure entrance was established for its expanding team. The new office space housed a secure file room for all investigative material, along with document scanning equipment. Access to the office was limited to members of the CPC team, as well as other authorized CPC staff members.

Miller Inquiry Material

In June 2004, the CPC obtained relevant documentation from the Miller Inquiry with the cooperation of the Provincial Archives of New Brunswick. This documentation was housed in secure cabinets in the CPC, along with the other Kingsclear investigation material. The documentation included public records, such as transcripts of hearings and exhibits, as well as documents not available to the public, such as the Inquiry's investigation files and interviews.

Attorney General Material

On 9 and 10 August 2005, the CPC team obtained copies of relevant material in the custody of the Public Prosecutions Branch of the Office of the Attorney General for New Brunswick. Before sending this material, the Public Prosecutions Branch photocopied briefs and packages of material that had been forwarded to them by the RCMP for prosecution consideration. With their co-operation, the CPC team checked the photocopied material against the original 10 binders of material relating to the McCann investigation that had been provided to the Public Prosecution Branch by the RCMP, and obtained copies of any relevant documents missed during the photocopying process. The CPC team removed three boxes of documents from the Public Prosecutions Branch. These documents were housed in secure cabinets at the CPC, along with other Kingsclear investigation material.

Review of Relevant Material

NBTS Staff and Residents

The addition of new team members enabled the CPC to begin reviewing and electronically summarizing the material related to the RCMP's investigations from the 1990s to 2003, while additional relevant material was requested from the RCMP as the documentation review progressed. Since the majority of the RCMP files reviewed were Tip files, the summaries of each file included whether

  • the subject had been located and the extent of attempts to do so;
  • the subject had been spoken to by telephone or interviewed in person; and
  • a statement had been taken and what, if any, action had been taken regarding the information provided during the interview.

Each summary required extensive cross-referencing and follow-up, since the majority of the subjects interviewed by the RCMP provided names and leads regarding other potential victims or persons of interest. Investigators highlighted any anomalies or queries raised through the document review on the summaries and in the document management system to enable these issues to be systematically addressed or resolved by the time the investigation was complete.

Investigators also compiled lists of the names of relevant witnesses, potential victims, potential suspects, and RCMP members involved in the investigations.

Staff Sergeant McCann

The CPC started reviewing the material relevant to the RCMP's investigations of Staff Sergeant McCann by electronically summarizing the content and investigative significance of each document. Anomalies or questions raised by the document or any source under review were highlighted for further investigation.

CPC investigators compiled electronic lists of the names of persons identified in the material as potential victims, abusers, or witnesses, then cross-referenced the lists to assess the adequacy of the RCMP's investigations into the leads provided to them. Chronological lists were compiled for all interviews and statements taken by the RCMP during their investigations. A list was compiled of the names of witnesses that RCMP investigative documents had indicated would be contacted during their investigation, as well as the names of possible witnesses who warranted being interviewed and whether they had been interviewed. Electronic lists were compiled of the names of all RCMP officers who either authored or were mentioned in the documents under review. This process was used to summarize and cross-reference the documents contained in all material relating to the RCMP's investigations of Staff Sergeant McCann during the 1990s.

When CPC investigators began reviewing the documents, they requested additional material from the RCMP as necessary, for example, to obtain additional officers' notes if not complete or not included with the original material received. The RCMP complied with the requests.

Miller Inquiry Documentation

CPC investigators reviewed and electronically summarized pertinent transcripts and documentation obtained from the Miller Inquiry in the same manner as the relevant RCMP material. They also continued to access and review additional documents from the Provincial Archives as the investigation progressed. As part of their efforts to assess the adequacy of RCMP investigations into the leads provided to them, CPC investigators paid particular attention to potential victims and suspects whose names had been forwarded to the RCMP by investigators in the Miller Inquiry.

Provincial Attorney General

Decisions about prosecutorial matters made by the Attorney General are outside the mandate of the CPC; however, determining the adequacy and thoroughness of RCMP reports to the Crown is within the scope of the CPC investigative mandate. Therefore, investigators believed it was important to as certain whether the Attorney General`s office had received all necessary documentation prior to making their determinations. This was achieved by comparing RCMP documents, which were originally forwarded to the Attorney General for prosecutorial review, with the original RCMP documents provided to the CPC. Using the CPC's document management system, investigators scanned fields of material in both sets of documents, noting such anomalies as whether the Attorney General had received documents from the RCMP that had not been subsequently provided to the CPC or vice versa.

Interviews

In September 2005, investigators began interviewing witnesses and members of the RCMP. All interviews were conducted by a team of two or, when necessary, three CPC investigators and were tape-recorded upon consent of the interviewee. The CPC adopted the practice of sending out information packages to most persons in advance of the interviews. This proved to be beneficial to both the person being interviewed and the CPC, for the most part, since the interviews would not have been as efficient or productive.

During the material review, investigators developed comprehensive plans listing the names and current status of all RCMP officers who have been involved in the investigation or may have witnessed alleged incidents relevant to the investigation. CPC investigators compiled the names of involved civilians, provincial employees, and other witnesses for interview consideration. The CPC provided a letter of notification in advance of interviews to all witnesses, including RCMP members who had been involved in investigations that had become subject to CPC review.

With the exception of a retired RCMP member and a serving RCMP member, who, on the advice of her lawyer, declined an interview due to a possible conflict with a pending civil action against the RCMP, every individual with whom the CPC requested a meeting agreed to be interviewed. Interviews ranged in length from 30 minutes to two days, depending on the volume of material and the time period under review. Some individuals were interviewed more than once to clarify particular issues or to explore new information received following their initial interview. An attempt was also made to interview retired Staff Sergeant McCann but his lawyer would not allow an interview to take place due to the civil action pending against him.

Document Management

The CPC implemented an electronic document management facility with full-text search and retrieval capability to provide a means of assimilating and analyzing the large volume of relevant material from the RCMP and other sources. The design incorporated all relevant data from the documents in the form of categories and subject fields.

The precision of the document management system's data fields provided investigators with fast, accurate, comprehensive and flexible access to the digitized information. An analysis support system was designed and implemented to record interview schedules and the results of investigative research and interviews. Coordination of the two systems enabled investigators and analysts to easily search for precise, chronological extracts of any and all relevant material and to conduct associated research in a flexible manner, including cross-referencing using Boolean search operators. With such a large volume of material to be reviewed, the system was crucial in the analysis of the evidence obtained during the investigation. The tools developed are easily adaptable to future investigations and reviews.

Since the initial focus of the CPC's investigative work was on Staff Sergeant McCann, the first material to be scanned was the RCMP's box of documents pertaining solely to him. It was thought that this material would benefit CPC investigators most since it would likely generate the majority of interviews to be conducted. All documents related to the McCann investigations were then culled from the other 17 boxes obtained from the RCMP and scanned into the CPC's document management system. Documents from the Attorney General related to the McCann investigations were then scanned. This was followed by a scan of the remaining RCMP and other relevant material.

Staffing

CPC staff members were initially seconded to the Kingsclear investigation while additional funding was sought from Treasury Board to enable more personnel to be hired. The initial secondments included a senior reviewer analyst with significant analytical experience and a complaints analyst with extensive experience in policing, both of whom were veteran CPC staff members.

In April 2005, an investigator with 34 years of police experience and 16 years of investigative experience with the CPC was brought in to assist with the review of relevant material. As well, a systems architect was hired to design, develop and implement a document management facility for the investigation.

In June 2005, a criminal defence lawyer, who was also a retired inspector with 32 years of experience with the Ottawa Police Service, was engaged on contract to replace the seconded complaints analyst and to lead the McCann investigative track. Also in June, a contract programmer was hired to scan the RCMP's relevant material into the newly implemented document library.

In September 2005, a director with extensive experience in project management and a background in security and intelligence was engaged to direct and facilitate the Kingsclear investigation. Prior to this, the investigation operated out of Legal Services and was supervised by the CPC's General Counsel.

In October 2005, a retired senior Crown counsel with 37 years of experience as a prosecutor of major crimes, such as sexual assaults and crimes of violence, became the lead of the NBTS investigative track. Shortly thereafter, the CPC engaged three additional investigators on contract, two with some 30 years' experience as police officers in areas such as forensic polygraphy, major crimes and professional standards. The third investigator was formerly the lead investigator for the Miller Inquiry and, as a result, was able to provide valuable knowledge regarding the archived Miller Inquiry material, as well as in-depth knowledge of the NBTS investigations. As the investigation progressed, some of the roles and responsibilities were re-assigned as required. A number of research and administrative staff were brought in to support the project during the course of the investigation. A full operational team consisting of 15 members was in place by November 2005.

Appendix E: Sexual Offences in Canada 1965-1995

The following table demonstrates the developments and changes to statutes regarding sexual offences in Canada from the years 1965 to 1995.

Criminal Code Sections Provisions Applicable Years

S. 147 Buggery or bestiality

Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years.

1965-1970

S. 155 Buggery or bestiality

Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years.

1971-1988

S. 160 Bestiality

  • (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
  • (2) Every person who compels another to commit bestiality is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
  • (3) Notwithstanding subsection (1), every person who commits bestiality in the presence of a person who is under the age of fourteen years or who incites a person under the age of fourteen years to commit bestiality is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

1989

S. 148 Indecent assault on male

Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.

1965-1970

S. 156 Indecent assault on male

Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.

1971-1972

S. 156 Indecent assault on male

Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years.

1973-1982

S. 149 Acts of gross indecency

Every one who commits an act of gross indecency with another person is guilty of an indictable offence and is liable to imprisonment for five years.

1965-1970

S. 157 Acts of gross indecency

Every one who commits an act of gross indecency with another person is guilty of an indictable offence and is liable to imprisonment for five years.

1971-1988

S. 151 Sexual interference

Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

1989-1995

S. 152 Invitation to sexual touching

Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of fourteen years, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

1989-1995

S. 153 Sexual exploitation

  • (1) Every person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency and who
    • (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person, or
    • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
  • (2) In this section, "young person" means a person fourteen years of age or more but under the age of eighteen years.

1989-1995

S. 158 Indecent acts

Every one who wilfully does an indecent act

  • (a) in a public place in the presence of one or more persons, or
  • (b) in any place, with intent thereby to insult or offend any person,
    is guilty of an offence punishable on summary conviction.

1965-1970

S. 169 Indecent acts

Every one who wilfully does an indecent act

  • (a) in a public place in the presence of one or more persons, or
  • (b) in any place, with intent thereby to insult or offend any person,
    is guilty of an offence punishable on summary conviction.

1971-1988

S. 173 Indecent acts

  • (1) Every one who wilfully does an indecent act
    • (a) in a public place in the presence of one or more persons, or
    • (b) in any place, with intent thereby to insult or offend any person,
      is guilty of an offence punishable on summary conviction.

1989-1995

S. 159 Anal intercourse

  • (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
  • (2) Subsection (1) does not apply to any act engaged in, in private, between
    • (a) husband and wife, or
    • (b) any two persons, each of whom is eighteen years of age or more, both of whom consent to the act.
  • (3) For the purposes of subsection (2),
    • (a) an act shall be deemed not to have been engaged in private if it is engaged in a public place or if more than two person take part or are present; and
    • (b) a person shall be deemed not to consent to an act
      1. if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations as to the nature and quality of the act, or
      2. if the court is satisfied beyond a reasonable doubt that that person could not have consented to the act by reason of mental disability.

1989-1995

>

S. 173(2) Exposure

Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offence punishable on summary conviction.

1990-1995

S. 231 Punishment for common assault

  • (1) Every one who commits a common assault is guilty of
    • (a) an indictable offence and is liable to imprisonment for two years, or
    • (b) an offence punishable on summary conviction.
  • (2) Every one who unlawfully causes bodily harm to any person or commits an assault that causes bodily harm to any person is guilty of an indictable offence and is liable to imprisonment for two years.

1965-1970

S. 245 Punishment for common assault

  • (1) Every one who commits a common assault is guilty of
    • (a) an indictable offence and is liable to imprisonment for two years, or
    • (b) an offence punishable on summary conviction.
  • (2) Every one who unlawfully causes bodily harm to any person or commits an assault that causes bodily harm to any person is guilty of an indictable offence and is liable to imprisonment for two years.

1971

S. 245 Common assaults

  • (1) Every one who commits a common assault is guilty of an offence punishable on summary conviction.
  • (2) Every one who unlawfully causes bodily harm to any person or commits an assault that causes bodily harm to any person is guilty of an indictable offence and is liable to imprisonment for five years.

1972-1975

S. 245 Common assaults

  • (1) Every one who commits a common assault is guilty of an offence punishable on summary conviction.
  • (2) Every one who unlawfully causes bodily harm to any person or commits an assault that causes bodily harm to any person
    • (a) is guilty of an indictable offence and is liable to imprisonment for five years; or
    • (b) is guilty of an offence punishable on summary conviction.

1976-1982

S. 246.1 Sexual assault

  • (1) Every one who commits a sexual assault is guilty of
    • (a) an indictable offence and is liable to imprisonment for ten years, or
    • (b) an offence punishable on summary conviction.
  • (2) Where an accused is charged with an offence under subsection (1) or section 246.2 or 246.3 in respect of a person under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused is less than three years older than the complainant.

1983-1988

S. 271 Sexual assault

  • (1) Every one who commits a sexual assault is guilty of
    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
    • (b) an offence punishable on summary conviction.

1989-1995

S. 246.2 Sexual assault with a weapon, threats to a third party or causing bodily harm

Every one who, in committing a sexual assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof,
  • (b) threatens to cause bodily harm to a person other than the complainant,
  • (c) causes bodily harm to the complainant, or
  • (d) is a party to the offence with any other person

is guilty of an indictable offence and is liable to imprisonment for fourteen years.

1983-1987

S. 272 Sexual assault with a weapon, threats to a third party or causing bodily harm

(1) Every one who, in committing a sexual assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof,
  • (b) threatens to cause bodily harm to a person other than the complainant,
  • (c) causes bodily harm to the complainant, or
  • (d) is a party to the offence with any other person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

1988-1995


Appendix F: "J" Division Organization Charts

Figure F-1: 1990 "J" Division organization chart

Organizational chart of J Division in 1990
Text Version

The Commissioner of the RCMP is the main authority of the RCMP. The Commanding Officer of J Division reports directly to the Commissioner. A Division Staff Relations Representative and an In/Charge Planning report to the Commanding Officer. Also reporting to the Commissioner, but at a lower level are an Officer in Charge of Financial Services and Supply, an Officer in Charge of Administration and Personnel, an Officer in Charge of Criminal Operations and Division audit. In addition, an Officer in Charge of Informatics and the Officer Commanding of the following Divisions report to the Commanding Officer: Bathurst Sub/Division, Fredericton Sub/Division and Moncton Sub/Division.

Figure F-2: 2000-2001 "J" Division organization chart

Organizational chart of J Division in 2000/2001
Text Version

The Commissioner of the RCMP is the main authority of the RCMP. The Commanding Officer of J Division reports directly to the Deputy Commissioner of the Atlantic Region, who then reports to the Commissioner. In addition to an Executive Assistant and a Receptionist, a Division Staff Relations Representative report to the Commanding Officer.

The Officer in Charge of Criminal Operations, the In/Charge of District Policing, Commander of District #1 (Charlotte & the Isles), Commander of District #2 (Oromocto), Commander of District #3 (Kennebecasis), Commander of District #4 (South East), Commander of District #5 (Kent), Commander of District #6 (Miramichi), Commander of District #7 (Carleton-York), Commander of District #8 (Acadian Peninsula), Commander of District #9 (Restigouche-Chaleur), Commander of District #10 (Madawaska-Victoria), Commander of District #11 (Caledonia) and Commander of the Codiac Region report to the Commanding Officer.

Figure F-3: Current "J" Division

Current organizational chart of J Division

Text Version

The Commanding Officer of J Division reports directly to the Deputy Commissioner of the Atlantic Region, who then reports to the Commissioner. Reporting directly to the Commanding Officer is Codiac (Moncton, Dieppe, Riverview), Criminal Operations and District Policing.

The Criminal Operations Division includes three sub-divisions: Federal Policing, Operational Support and Financial Crime. Federal Policing includes: Border Integrity, Criminal Analysis, Criminal Intelligence, Customs & Excise, Drug Awareness, Drug Enforcement, Explosive Disposal, Federal Enforcement, National Security and Protective Services. Operational Support includes: Aboriginal Policing, Communications, Crime Prevention, ERT Co-ordinator, Forensic Identification, Internet Child Exploitation, Major Crime Unit, Police Dog Services, Polygraph Services, Telecoms, and ViCLAS. Financial Crime includes Commercial Crime and Proceeds of Crime.

District Policing includes Districts 1 through 11 as well as Traffic Services.

Appendix G: Miller Inquiry

The Commission for Public Complaints Against the RCMP (CPC) was not given a mandate to review the Commission of Inquiry into the New Brunswick Training School (NBTS) during the Kingsclear investigation. However, since investigators involved in the RCMP investigations under CPC review testified at the Inquiry, the CPC found it necessary to review the Inquiry's findings as they relate to the RCMP.

Introduction

On 10 December 1992, the Government of New Brunswick appointed the Honourable Richard L. Miller as Commissioner of the Commission of Inquiry into the NBTS, which came to be known as the Miller Inquiry, to investigate how police and government officials handled allegations of sexual misconduct, including sexual abuse at the school. Justice Miller was not authorized to express any conclusions of law regarding civil or criminal responsibility. However, he was given responsibility for inquiring into, reporting and making recommendations in relation to the following issues:

  • (a) Whether persons held in custody in the NBTS are adequately protected against improper sexual and other related abusive conduct;
  • (b) Whether there is an adequate system in place to ensure that in the event of such improper conduct, complaints may be made, received and acted upon in a timely and effective manner;
  • (c) In relation to recent public concerns about allegations of sexual abuse against inmates and former inmates of the NBTS, to determine whether there are reasonable grounds to believe any department of the Government of New Brunswick or any of its officers or employees failed to take appropriate action to respond to allegations or circumstances that led or ought to have led to a concern that instances of sexual abuse might occur or have occurred; and
  • (d) Whether there are and during relevant periods there were in place appropriate mechanisms to ensure proper communications and follow-up between responsible departmental authorities and police agencies with respect to such allegations and complaints of sexual or other abuse.

The Miller Inquiry was set up at the same time that the RCMP Fredericton General Investigation Section (GIS) was actively investigating allegations of sexual abuse made by former residents of the NBTS against Karl Toft, retired RCMP Staff Sergeant Clifford McCann, and several current and former employees of the NBTS. The RCMP investigation was ongoing despite the fact that, on 29 October 1993, the New Brunswick Attorney General had stayed the 15 additional criminal charges that the RCMP laid against Mr. Toft on 21 October 1993.

Concerns about the role of the RCMP in the provincially mandated inquiry led the federal Department of Justice to engage the services of David M. Norman, Queen's Counsel (Q.C.), to act as counsel on behalf of the RCMP. After some discussion with Mr. Norman and Bill Goss, Commission counsel, Justice Miller granted standing to the RCMP. As a condition, the RCMP was required to fully co-operate in disclosing any files in their possession. The RCMP assigned Constable Rick Evans to attend the hearing and to report on any testimony that made reference to the federal police force.

Testimony of RCMP Investigators

Inspector Mike Connolly, Corporal Tom Spink, and Corporal Ray Brennan-all of whom were serving members of the RCMP-were called to testify before Justice Miller. A Commission investigator travelled to Edmonton on 30 May 1994 to interview Inspector Tony Kozij, who was in a posting in western Canada; a portion of his interview was read into the record by Mr. Goss.

Constable Evans created a binder of documents that provided a chronology of the RCMP's involvement in the NBTS investigation. Many of these documents were filed as exhibits with the Inquiry. Inspector Connolly's testimony made it clear that the RCMP's investigation began with a letter from Attorney General James Lockyer to Chief Superintendent Herman Beaulac on 7 February 1990. Prior to this, the RCMP did not have a file open on Mr. Toft or the NBTS. However, they had investigated individual complaints received from residents and staff of the NBTS.

Corporal Spink was called to testify on 30 August 1994. His testimony centred on the actions of Chief Gordon (Mac) Carlisle and Inspector Lillian (Ulsh) Ripley, both of the Fredericton Police Force (FPF) and both scheduled to testify after Corporal Spink.

Inspector Connolly was called to testify at the Inquiry on 13 September 1994, and was taken through the RCMP investigative process by Mr. Goss. In his testimony, which was lengthy and comprehensive, Inspector Connolly referred to a request, dated 10 September 1991, that was given to Ford Matchim, the Officer-in-Charge (OIC) of the Fredericton Subdivision, from Superintendent Zaccardelli, OIC of Criminal Operations (CROPS). Superintendent Zaccardelli asked that Sergeant Gary McNeill, the Non-commissioned OIC of Fredericton GIS, and Corporal Brennan give the investigation top priority and use all available assistance from the FPF. Sergeant McNeil was not called to testify.

Corporal Brennan was called to testify on 13 September 1994. Like Inspector Spink, Corporal Brennan was taken step-by-step through his involvement in the investigation into the NBTS and Mr. Toft. He was cross-examined by counsel for the Commission and the FPF, as well as Justice Miller. Justice Miller's questions related to other ongoing investigations, a determination of who was in charge of the investigation into the NBTS and Mr. Toft, and Corporal Brennan's assignment prior to the NBTS and Toft case.

Miller Inquiry Findings

In his final report, Justice Miller did not subject Inspector Connolly's testimony to any negative comments. He commented on the RCMP in general terms rather than on any specific person. This was in contrast to his comments in relation to the FPF and Chief Carlisle and Inspector Ulsh.

Specific statements by Justice Miller of significance to the CPC Kingsclear investigation are as follows:

  • The RCMP was not aware of the allegations that David Forbes made to the FPF in October 1985. Had now-Inspector Ulsh advised Mr. Forbes about the jurisdictional issue, "she would have noted the [appropriate notation] in her file. As a consequence, the appropriate police department was not involved in any investigation of the matter until the Attorney General referred the Richard Robinson interview notes to Chief Superintendent Beaulac on February 7, 1990 requesting an investigation and report."
  • In May 1991, Corporal Brennan was the only officer assigned to pursue the investigation.
  • The RCMP began to aggressively investigate allegations of sexual assault at the NBTS once it became known that the FPF had already started their own investigation. Justice Miller wrote,

Professional competition then entered the picture. The R.C.M.P. had been investigating for more than a year with no appreciable results. On the other hand, the Fredericton police had an advantage in having a member who was a former employee of the Training School. In a period of approximately six weeks, Reilly and Detective Kelly had gathered sufficient evidence to consider arrest and prosecution.

Appendix H: Glossary

The following key words and terms are used throughout the report.

Abuse
Physical or mental maltreatment. (Black's Law Dictionary, 7th ed.)
Acquittal
A judgement, by a judge or jury, that a defendant is not guilty of a charge.
Affidavit
A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths. (Black's Law Dictionary, 7th ed.)
Assault
The Criminal Code, Section 265, stipulates that
  1. A person commits an assault when
    • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
    • (b) he attempts or threatens, by act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or
    • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
  2. This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Charge
A formal accusation of an offence as a preliminary step to a prosecution-also termed criminal charge. (Black's Law Dictionary, 7th ed.)
Complaint
  1. An allegation, or allegations, made orally or in writing by a member of the public, concerning misconduct of a public officer or of a contravention or violation of a statute.
  2. A grievance made to the CPC from any member of the public who has concerns about the conduct of any member of the RCMP in the performance of his or her duties.
  3. A formal charge accusing a person of an offence. (Black's Law Dictionary, 7th ed.)
Complainant
  1. A person who lodges or files a formal complaint.
  2. Any member of the public who launches a complaint with the CPC against a member of the RCMP, whether or not he or she is affected by the conduct of the member.
Continuation Report
A form (1624) used by RCMP members to record actions taken during an investigation
Count
A charge in an "information" or indictment. (Criminal Code)
Court brief
A report prepared by investigators and given to Crown counsel. It details the evidence gathered and the results of the investigation. After reviewing the brief, Crown counsel then recommends whether charges should be laid against the suspect.
Also referred to as an investigation brief.
Cover-up
In the context of the investigations into allegations of sexual abuse against former Staff Sergeant Clifford McCann and NBTS staff and residents, the term cover-up is "an intentional or reckless disregard of evidence that has the effect, or potential effect, of interfering with or undermining internal or external accountability mechanisms."
Evidence that solely or simply establishes negligence, carelessness, laziness, incompetence or lack of interest on the part of the RCMP investigators is not proof of a cover-up.
Crown counsel
A person entitled to practice law in the jurisdiction and who is authorized to represent the Crown before the courts in relation to the prosecution of offences. Upon completion of an investigation, Crown counsel might also provide investigators with an objective assessment of the merits of their case and the likelihood of a conviction.
Diligence
Careful and persistent work or effort.
Disclosure
The act or process of making known something that was previously unknown. (Black's Law Dictionary, 7th ed.)
Indictable offence
Indictable offences are criminal offences of a more serious nature and have no time limit for which a prosecution may be commenced.
Indictment
An accusation in writing of a serious crime (i.e., an indictable offence), setting out the charges against the accused; each count therein must be comprised of only one transaction or offence. (The Dictionary of Canadian Law, 3rd ed.)
Information
A legal document that identifies an accused person and describes the offence the accused allegedly committed. The laying of an Information before a justice is the means to commence a criminal proceeding. Anyone who, on reasonable grounds, believes that a person has committed an indictable offence may lay an Information in writing under oath before a justice (Criminal Code, Section 504).
Oath of Office
Every member of the RCMP, before beginning the duties of his or her office, takes the oath of allegiance, the oath of office and the oath of secrecy.
Pre-charge screening
A provincially mandated policy, used in New Brunswick and two other provinces in Canada, whereby the police have to present the court brief to Crown counsel who will review the brief and recommend what charges should be laid, if any.
Preliminary hearing
The hearing, held in accordance with procedures set out in Part XVIII of the Criminal Code, in which a justice determines whether there is sufficient evidence to commit an accused for trial.
Public interest investigation
Under the authority of the RCMP Act (Subsection 45.43(1)), an investigation initiated by the Chairman of the Commission for Public Complaints Against the RCMP (CPC) into the conduct of any member of the RCMP on behalf of the public interest. This investigation may be the result of a complaint or complaints concerning any member or other person appointed or employed under the authority of this Act, whether or not the complaint has been investigated, reported on or otherwise dealt with by the RCMP.
Sexual abuse
An illegal sex act, especially one performed against a minor by an adult. (Black's Law Dictionary, 7th ed.)
Sexual assault
Sexual assault is an assault, within any one of the definitions of that concept in Section 265(1) of the Criminal Code, which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated.
Statement
A written or oral communication detailing events that transpired and that may or may not be signed by the complainant or witness and given to the authorities.
Stay of proceedings
A process whereby the Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction.
In the case of an indictable offence, the proceedings can be recommenced within one year of the stay. For summary conviction matters, the Crown must act before the expiration of the limitation period. Where notice of recommencement is given within these time limits, the proceedings will be continued on the original indictment or information.
After the one-year period has elapsed, the Crown, if it wishes to proceed on an indictable matter, will have to start afresh. (Criminal Code, Section 579 (1))
Summary conviction offence
Section 786 (2) of the Criminal Code states that no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
The majority of the charges that were alleged during the RCMP's investigations were of a summary nature; because the six-month time period had elapsed, they were barred from prosecution.
Tip file
An RCMP file that contains evidence, case updates and any information related to the subject of the file in relation to the case being investigated. Tip files are created for alleged victims, suspects and witnesses who are referred to during an investigation. Each tip file is cross-referenced with a unique Tip number assigned to each subject that is identified during the investigation.
Transit Slip
A document used for internal RCMP communication, which usually includes attachments with it.
Transmittal and
Diary Date Request
A form used by RCMP members to assign and track investigation due dates and updates. It is also used to request extensions regarding such by investigators.
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