An inquest is a public hearing into the circumstances of a death, typically held in relation to police-involved deaths and deaths in state custody (including deaths in correctional and psychiatric facilities).

Inquests in Manitoba are governed by the Fatality Inquiries Act, which sets out a process for reporting, inquiring into, and investigating deaths. Inquests are presided over by judges of the Provincial Court of Manitoba, who may make non-binding recommendations to prevent further deaths directed at provincial laws, policies, and agencies.

The Fatality Inquiries Act has been amended several times, but most significantly with the coming into force of Bill 16 on November 1, 2017. The bill was not without its critics, who argued that it not only failed to address concerns voiced by affected family members, communities, and advocates, but also that some of the changes might further compromise the efficacy and transparency of the province's inquest system.

Of the 42 inquest reports that have been released since the amended Fatality Inquiries Act came into force on November 1, 2017, a total of 18 did not produce any recommendations.

Presiding judges cited the following reasons for not making recommendations:

• no recommendations that could have changed the outcome in this case;

• no recommendations that could prevent future deaths in similar circumstances;

• they had no jurisdiction to make recommendations toward federal institutions; and

• the necessary changes have been or are in the process of being made.

Of the 125 publicly available inquest reports, the following police services and correctional institutions have been the subject of the highest number of inquests:

• Winnipeg Police Service (28 inquests into 35 deaths)

• RCMP (16 inquests into 16 deaths)

• Stony Mountain Institution (13 inquests into 18 deaths)

• Winnipeg Remand Centre (5 inquests into 5 deaths)

• Main Street Project (5 inquests into 5 deaths)

Our research has identified several meaningful areas for change. For example:

• The Fatality Inquiries Act should be amended to recognize the broad public interest function of inquests;

• The Government of Manitoba should increase funding to ensure that family members of the deceased have access to legal counsel; and

• The legislation should permit recommendations to be directed at federal institutions and even private entities.

But we also want to hear from you. If you have thoughts on how to improve Manitoba’s inquest system, please share them with us here.

The presiding judge must prepare a report within six months of the completion of an inquest. Reports from previous inquests can be found here.

Police oversight agencies operate independently from police forces and are crucial for promoting accountability and public confidence in policing. Most provinces in Canada have at least one such agency.

Manitoba currently has two oversight agencies: the Independent Investigation Unit (IIU) and the Law Enforcement Review Agency (LERA).

The IIU, which became operational in 2015 is governed by the Police Services Act, and investigates “where it appears the actions of a police officer may have caused the death or serious injury of a person or have contravened certain laws.” The IIU reviews the actions of involved officers and makes recommendations as to whether criminal charges should be laid.

LERA, established in 1985, investigates public complaints about police performance. It does not investigate criminal matters.

In 2021, the Southern Chiefs’ Organization conducted a survey on First Nation experiences of racism with police services in Manitoba. The survey found the following:

• More than 70% of respondents who indicated that they have personally interacted with police reported experiencing racism firsthand;

• More than 81% reported that a family member has experienced racism when dealing with police; and

• More than 66% reported that they have actively avoided seeking help from police in Manitoba due to the effects of racism.

Reforming the police oversight system in Manitoba is one way to build trust between police services and communities that is so clearly lacking.

We have identified several meaningful areas for change. For example:

• There should be a mechanism to advance and review systemic policing complaints (e.g., systemic racism), in addition to complaints against individual officers.

But we also want to hear from you. If you have thoughts on how to improve Manitoba’s police oversight system, please share them with us here.

Reports of the Independent Investigation Unit can be found here.

A 2020 review of Manitoba’s Police Services Act can be found here.

A 2021 review of the Independent Investigation Unit and other police oversight agencies in Canada can be found here.