Seven Oaks Magazine.

In October 2000, Jeff Berg was killed by injuries sustained from a Vancouver Police Department officer. His sister, Julie, has been waging a campaign to bring those responsible for her brother’s death to justice. She took time to respond to our questions by e-mail, following the conclusion of a public hearing into the case.

1) Could you start by explaining the outcome of the recent public hearing into the death of your brother, Jeff Berg?

The complaint of use of excessive force was dismissed and one major contributing factor is that the complainant does not have equal standing in the current process. If that were the case, cross-examination would have been impacted, ensuring a fair representation of the facts, inclusive of the complainant's perspective and concerns. Also, the Agreed Statement of Facts would not have been admitted, because from the complainant's position it contained hearsay which was inadmissible in a court of law, and contained errors and omissions relevant to the case to show use of excessive force. In this case, we appeared before the Supreme Court of BC to have it ruled inadmissible, but were dismissed because the Supreme Court is trying to give the lower courts more authority (public hearing is a quasi-judicial venue). Interestingly, the officer's prior history of abuse of authority was not presented during this hearing.

The most important step is to empower the people, because they can direct change. That may take the form of uniting various organizations together that are like-minded. That does not mean anti-police, just pro-democracy and pro-civil liberties. A single person putting forward a complaint is operating solely on their own, not knowing the next step. Having an organization that stems from some form of special investigative unit that operates independently from the police department would assist complainants in exercising their rights under the law and entitle them to fair process.

3) What have you learned about police brutality, and accountability, over the past few years – particularly with respect to the VPD? In other words, how has your perception of the police changed?

My experience is that since no external body is policing the police, some members of the VPD may be of the mistaken opinion that they can administer their own form of street justice as they see fit. The "thin blue line" may be viewed as an unspoken mantra that new officers can choose to buy in to. Accountability is a big word, but it holds weight in a court of law. Unless a complainant has an opportunity to air their complaint without bias, I suggest there are too many obstacles in the legislative act that prohibit a fair accounting of a grievous action. I still believe there are many stellar officers who perform their duties with integrity, but like in any profession, there are members that simply cannot or will not abide by natural laws of justice. My view of policing and accountability has been shattered, but I maintain we can fix what is broken to put both the public and police at ease. Our children's future is at stake; we need to be direct and fix what is so obviously broken.

4) Do you think that police misconduct is endemic to our society, and if so, what are some of the root causes?

One has to measure and appreciate the serious role given to law enforcers; they perform an important role in society, without a doubt. But they are human and experience personal reactions as they are subjected to elements of society the average person will never deal with. What they are exposed to on a daily basis can be frightening, but I believe the court system is largely to blame. These front-line law enforcers are no doubt frustrated dealing with the revolving-door of our court system. Nevertheless, each police officer is sworn to uphold the law, and that means they are still accountable for actions that may have underlying personal frustration as a base.

5) Given the outcome of the public hearing that has just concluded, what steps need to be taken to reform the complaints process with this police department?

The most important step is to have an independent investigative unit to research every complaint as to its merits. The public cannot accept the draconian ideal that police can effectively police themselves. It is a win-win situation for the police and the public to have a completely separate, independent unit (as the S.I.U. in Ontario) so the public has respect for the process. In turn, officers receive respect from the citizens and everyone is accountable and acts accordingly. The OPCC, though deemed independent, is still reliant on rules from the BC Legislature, so legislative changes will need to occur to give more autonomy to whoever holds this office, OPCC or an independent oversight committee. Currently, the OPCC is still fully accountable to the Legislature, and recommendations can easily be vetoed by the Solicitor General (Rich Coleman). To summarize, an independent body would be beneficial to everyone.

6) The statement released earlier this week by Constable Graham strikes me as particularly mean-spirited. Do you think this reflects a backlash against the campaign you’ve waged for the last few years?

I find it irresponsible and offensive that the Chief of Police of one of the largest cities in Canada finds it necessary to publicly attack a deceased person, myself, my lawyer and other public and private organizations. In my opinion, this personal attack is simply the result of years of public frustration with various activities within the Vancouver Police Department. Since I personally have been more vocal than the rest, perhaps the frustrations that Chief Graham has experienced over the years are magnified by a vocal intelligent woman who is asking serious questions about the current policing system...questions that are common sense, and which people deserve intelligent answers to.

7) What steps are you asking supporters of the Justice for Jeff campaign, and opponents of police brutality generally, to take now?

Firstly, do not be afraid to make a complaint to the OPCC (www.opcc.bc.ca). Come forward with any activity you deem unlawful. It is important that it be documented. Secondly, please let me know who you are, through my website www.justiceforjeff.com.

If you are able to make any financial contribution at all, small or large, every penny goes toward disbursements such as registration of court documents and costs of transcripts. Donations can be made through "Jeff Berg Defence Fund" at Bank of Nova Scotia, 1004 West Broadway, Vancouver, BC V6H 1E6 Account 20370-33413. Cheques can also be mailed to "Jeff Berg Defence Fund", c/o A. Cameron Ward & Co., Barristers and Solicitors, #1205 - 207 West Hastings Street, Vancouver, BC V6B 1H7 (www.cameronward.com). The end result is accountability, which is something we all want to see.