The Saint John police chief wants a chance to weigh in on a request by nine officers to have a court review the dismissal of their conduct complaints against him.Chief Robert Bruce is seeking intervener status in the legal action the officers filed in response to decisions by the New Brunswick Police Commission and the Saint John Board of Police Commissioners.Bruce, who has been chief of the Saint John Police Force since July 2021, is not currently a party in the proceeding before the Court of King’s Bench, but he wants to have a say.Nine officers are seeking a judicial review of the dismissal of their “workplace harassment” complaints by the two oversight bodies, according to the provincial association that advocates on behalf of municipal officers.No information about the nature of the complaints has been released, and court documents that contain details about the allegations, including affidavits from the officers, are under the temporary sealing order.But the complainants — Sgt. Andrew Belyea, Staff Sgt. Andrew MacBean, Const. Christopher Messer, Const. Donald Shannon, Const. Duane Squires, Const. Emily Hobbs, Const. Mary Gellaty, Insp. Samantha McInnis and Sgt. Stacy Humphrey — are seeking a judicial review of decisions by the provincial commission, other court documents show.Complaints ‘not made in good faith’ The independent oversight body dismissed seven of the complaints filed under the New Brunswick Police Act “because they were ‘frivolous, vexatious or not made in good faith,’” according to a letter to the court from Jamie Eddy, a lawyer representing the Saint John Board of Police Commissioners. His letter does not mention the other two complaints.Under the act, the Saint John board “maintains and operates” the force, Eddy said in the Sept. 17 letter, while the provincial commission manages the public complaints process related to the conduct of municipal and regional police officers in the province, according to its website.”Those [seven] decisions were by the New Brunswick Police Commission to either summarily dismiss a complaint without further investigation or to uphold the summary dismissal of a complaint without further investigation,” Eddy wrote.Documents could ‘undermine public confidence’The Saint John board is seeking a publication ban and sealing order on the court documents, arguing there is a substantial risk they “may undermine the public confidence in law enforcement.”The board and provincial commission are also seeking to have the matter dismissed, arguing that the complainants don’t have the legal standing to seek a judicial review..The lawyers representing the complainants did not respond to requests for comment, and the officers reached directly declined to comment.The officers filed a notice of application for judicial review with the Court of King’s Bench in Saint John on Sept. 16. (Roger Cosman/CBC)The Saint John Board of Police Commissioners, which consists of two council representatives, four citizens appointed by council, one appointed by the province, and the chief as an ex-officio member, did not respond to a request for comment.New Brunswick Police Commission chair Marc Léger said the commission could not comment on matters before the courts.Bruce declined an interview.2023 government report flagged complaints This is not the first time there have been complaints about management at the Saint John force, a March 2023 management review report from the Department of Public Safety shows.It’s unclear if the complaints raised in the March 2023 management review report from the Department of Public Safety are related to the complaints now before the court.The nine officers who have filed complaints include men and women of various ranks, both unionized and non-unionized. (Saint John Police Force)The Saint John force was reviewed as part of a new process that was to see all regional and municipal police forces reviewed by Dec. 31, 2023, according to a redacted copy of the 29-page report, obtained by CBC News.Public Safety conducted surveys of officers and employees between Jan. 1 and Dec. 31, 2022, and also interviewed some officers.The report cited employee complaints about “disrespectful or harassing” behaviour by management and a “poisonous, hostile, harmful and unsafe workplace.”Employees ‘fearful’”It was also mentioned by many that incidents are not being handled appropriately and that complaints against management are only investigated by themselves and are quick to be dismissed,” the report said.In the survey, conducted anonymously, employees also described a morale and staffing crisis, with some fearful of “doing something that may lead to being disciplined, charged, or fired.”The work environment is “pushing a number of officers to consider leaving the force,” the report says.It’s unclear what came of the complaints or if any changes were implemented.Public Safety made no recommendations. Instead, the chief was to submit an action plan within 30 days.The plan has not been made public, said Jadesola Emmanuel, a spokesperson for Public Safety, because “it was intended to serve as a working document.”Councillor seeks answersSaint John Coun. Gerry Lowe wants to get to the bottom of what’s going on in the force, with the conduct complaints against the chief and more than two dozen officers off on leave or modified duty.“It’s the public that’s asking me,” Lowe said. “The people I represent are saying, ‘Gerry, what’s the complaints? Why are these people all off?’”Coun. Gerry Lowe said he’d like to know what the officer complaints are about, why so many officers are off, and when they’re coming back. (CBC)He previously proposed dissolving the police board and the force becoming a city department, which, he said, would give council more say over policing.Complaints and leaves unrelated, spokesperson saysForce spokesperson Staff Sgt. Shawna Fowler wouldn’t comment on the court matter but suggested the nine harassment complaints are unrelated to the fact 21 per cent of officers were not on full duty as of August — up from 18 per cent in each of the previous two years.Roughly 25 officers, out of a force of 146, are on leave for various reasons, including work-related physical and mental health injury.Six additional officers are in the process of returning to their regular duties after being off for non-work-related reasons, such as surgery.Staff Sgt. Shawna Fowler said the force does its best to cover the leave positions with voluntary overtime, ‘but there are times that we are low on shift.’ (Submitted by Shawna Fowler)Policing is a demanding job, both physically and mentally, Fowler said. “And we do have an aging police department.”Advocacy group calls for investigation The advocacy organization for municipal officers in New Brunswick has formally requested Public Safety Minister Robert Gauvin conduct a full investigation into the workplace environment of the force.The New Brunswick Police Association is “deeply concerned about the prevalence of workplace harassment within the Saint John Police Force and the impact this has on front-line officers and their families,” Bob Davidson, a labour analyst with the group, said shortly after the nine officers asked for the judicial review.Bob Davidson, labour analyst with the New Brunswick Police Association, said the broader issue of the Saint John Police Force’s workplace environment requires ‘urgent attention.’ (Roger Cosman/CBC)The association wants the minister to investigate “whether the New Brunswick Police Commission is complicit and is fulfilling its legislative function as an oversight body.”In addition, it has asked WorkSafeNB to investigate whether the Saint John Board of Police Commissioners is complying with the Occupational Health and Safety Act and “whether they have met their statutory duty to ensure that [the] force’s workplace code of conduct has been implemented and followed.”In an emailed statement, Public Safety Minister Robert Gauvin said the province takes workplace harassment complaints seriously, and he will be meeting with the police association.”As there are ongoing investigations and matters before the courts, we will not be commenting further at this time.”Michael Boudreau, a criminology professor at St. Thomas University in Fredericton, said officers coming forward with complaints against the chief is ‘a very serious matter,’ and the fact that there are nine complainants is particularly ‘troubling.’ (Submitted by Michael Boudreau)Michael Boudreau, a St. Thomas University professor of criminology, said the complaints and leaves suggest there are “some serious internal problems” within the Saint John force.“Some hard questions have to be asked” — and quickly, Boudreau said, because if frontline officers don’t have confidence in the chief, it makes it difficult for the overall force to function.Wrote a book on leadershipBruce served 33 years with the Ontario Provincial Police, retiring as a superintendent in 2015. He was involved in hostage negotiations, search and rescue and other departments.Before becoming chief, Bruce was giving speeches on leadership. He also wrote a book, Leading Beyond Your Presence: Becoming The Leader You Want to be Led By.When he was appointed, Bruce committed to staying on for three to five years.
Saint John police chief reacts to 9 officers seeking judicial review after complaints about him dismissed
