Where does SIRT-NL get its authority?

SIRT-NL was established under the Serious Incident Response Team Act.

When does SIRT-NL become involved?

SIRT-NL becomes involved when it receives information that a serious incident may have taken place as a result of actions of a police officer in Newfoundland and Labrador.

Who notifies SIRT-NL of a serious incident?

Pursuant to s. 11 of the Serious Incident Response Team Act, chief police officers must notify SIRT-NL as soon as practicable when a serious incident may have taken place. SIRT-NL can also receive notifications from the Minister of Justice and Public Safety or a member of the public.

Is there a time limit in relation to when incidents can be reported to SIRT-NL?

No, there is no time limit. Incidents can be reported at any time after they have occurred. However, the later an incident is reported, the more difficult it may be to collect evidence in relation to the complaint.

What does SIRT-NL investigate?

SIRT-NL investigates all incidents involving death, serious injury, sexual offence, domestic violence or any matter of significant public interest arising from the actions of a police officer in NL.

I think I witnessed a serious incident. What do I do?

If you would like to report a serious incident, you can contact SIRT-NL at (709) 738-SIRT (7478) or toll free at 1-833-738-SIRT (7478).

I have suffered a serious injury as a result of an interaction with police. How do I make a complaint?

If you have suffered a serious injury in an interaction with a member of a Newfoundland and Labrador police agency, please contact SIRT-NL at (709) 738-SIRT (7478) or toll free at 1-833-738-SIRT (7478).

What are “serious injuries”?

Serious injuries are those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature. An incident shall initially be presumed to involve serious injury when the complainant is either admitted for a stay in hospital or suffers severe trauma with the injury including, but not limited to:

• A fracture or combination of fracture and severe trauma to a limb, rib or vertebrae or to the skull including the probability of a head injury;
• Burns, or abrasions to a major portion of the body;
• Loss of any portion of the body;
• Loss of mobility (paralysis) of any portion of the body;
• Loss of vision or hearing;
• Injury to any internal organ;
• Serious cuts to the body;
• Loss of consciousness brought about by a state of extreme mental distress, prolonged agitation and/or combative behaviour which collectively may be classified as symptoms of a state of excited delirium.

Serious Injury shall be presumed in instances where a prolonged delay may be likely before the nature and seriousness of injury can be assessed.

Serious injury will be presumed in ALL instances where a gunshot wound of any degree of severity is sustained by a person as a result of a firearm fired by a police officer.

Situations where the victim receives brief out-patient/walk-in care or is treated and released from hospital DO NOT qualify as serious injury unless the injury treated otherwise meets the above criteria.

What geographic area does SIRT-NL cover?

SIRT-NL has jurisdiction to investigate serious incidents throughout Newfoundland and Labrador.

Does SIRT-NL investigate off-duty police officers?

Yes, SIRT-NL’s mandate includes investigating serious incidents resulting from a police officer’s actions while on or off duty.

Must police officers co-operate with a SIRT-NL investigation?

Yes. Pursuant to the Serious Incident Response Team Regulations, police officers must co-operate with a SIRT-NL investigation. Also, SIRT-NL has established agreements with both police agencies with respect to investigative procedures.

When will SIRT-NL release information on a particular incident?

Upon its initial involvement, SIRT-NL will release a statement indicating it has commenced an investigation. SIRT-NL may provide updates as to the status of an investigation as long as doing so would not compromise the investigation. SIRT-NL will release a statement when an investigation is concluded. If charges are not laid, SIRT-NL will release the Director’s Report which will provide an investigative summary and reason for the decision. If a charge is laid, SIRT-NL will release the name of the arrested officer, the nature of the charge(s) laid and court appearance information. SIRT-NL will not release further information until the prosecution has concluded.

How long does a SIRT-NL investigation take?

Every investigation is different. While SIRT-NL strives to conclude its investigations in a timely and efficient manner, there is no time stipulated timeline. Timelines may vary depending on the complexity of the investigation as well as the circumstances such as evidence analysis, external reports, etc. The thoroughness of the investigation must take precedence over the length of time it takes to complete the investigation.

What happens at the end of a SIRT-NL investigation?

After all evidence is collected and analyzed, an investigative report is presented to the Director. The Director then decides whether there are reasonable grounds to lay a criminal charge. Where no charges are laid, the Director’s Report is released to the public. If charges are laid, the file is transferred to the prosecutions office. The officer’s name, the nature of the charges, and the information regarding the court appearance is released. SIRT-NL may release a supplementary report at the conclusion of the prosecution.

Who can see the Director’s report?

All Director’s Reports are made available to the public and can be viewed on this website.

Why does SIRT-NL sometimes not release its final report at the end of an investigation?

SIRT-NL will not release a report if charges are laid and prosecution of the arrested officer is ongoing. Doing so may compromise the prosecution and would be inappropriate while the case is before the court.

Will SIRT-NL release the name of a subject officer?

SIRT-NL will release a subject officer’s name if a charge is laid. If no charges are laid, the officer’s name is not released.

Will SIRT-NL release the name of an affected person?

Due to privacy interests, SIRT-NL will not release the name of the affected person. This is in keeping with the joint statement from Canadian Oversight Agencies in Canada on release of names.

Who is a subject officer?

A “Subject Officer” is a police officer who is the subject of a complaint or investigation or whose actions may have resulted in a serious incident.

Who is a witness officer?

A “Witness officer” means a police officer who is a witness to or, in the opinion of the person in charge of the investigation, has material information relating to the events of a serious incident.