Independent Observer Report 2023

Official title: Independent Observer Report on the National Joint Board of Investigation Correctional Service Canada - Parole Board of Canada into the Release and Supervision of an Offender on Statutory Release who was Unlawfully at Large since May 24, 2022 and was involved in a series of tragic incidents in several locations in the province of Saskatchewan that occurred on September 4, 2022, and were reported to Correctional Service Canada on September 5, 2022

Executive Summary

Background

The Commissioner, Correctional Service Canada (CSC), by virtue of Section 20 of the Corrections and Conditional Release Act (CCRA), and the Chairperson of the Parole Board of Canada (PBC), by virtue of subsection 152 (4) of the CCRA, convened a National Joint Board of Investigation (BOI), On October 12th, 2022. Edward Lennard Busch was appointed as the Independent Observer to oversee key points in the BOIs activities in the matter of Myles Brandon SANDERSON who was involved in mass stabbings and murders, which occurred during the early morning hours of September 4th, 2022, in the James Smith Cree Nation and the village of Weldon, both located in the province of Saskatchewan. Mr. Busch was instructed to adhere to the parameters set out in the Independent Observer Mandate set out in "Appendix A" of this report.

The National Joint Board of Investigation

The BOI was comprised of six individuals that included two Co-Chairpersons and Community Members, both supported by a National Investigator, Incident Investigations Branch, National Headquarters, CSC. An A/Regional Manager, Community Mental Health Services, Ontario Region, CSC, and an A/Director, Special Projects, Deputy Chairperson's Office, National Office, PBC, and a Regional Manager Conditional Release Programs, Pacific Region, PBC. It was the I/O’s opinion that the formation of the BOI was well constituted in including persons with all areas of expertise that would be required in ensuring a thorough and comprehensive investigation.

Mandate Timeframe

As set out in the Mandate (Appendix A) the I/O would observe, make relevant suggestions and oversee the activities of the BOI through all aspects of their work including interviews, debriefings, meetings and the formation of their report. The interview stage was set to be completed in June 2023. Preparation of the report and debriefings were to follow culminating in a final report being submitted in September 2023.

Key Findings

• As set out in the Mandate the I/O did not play an active role in the BOI itself, conduct interviews, or analyze evidence he was afforded full access to the evidence and applicable resource material at every step of the investigation.
• The I/O found that a fulsome and thorough investigation was conducted by the BOI. Itwas conducted in a professional and sensitive manner and adhered to the terms of reference and directions set out in the Convening Order, the Values and Ethics Code for the Public Service and followed the standard trauma informed approach to interviewing guidelines.
• The I/O found that the observations, conclusions and recommendations produced by the BOI were supported by the evidence gleaned in the investigation including documenation and the recollection and perceptions of those interviewed.
• The I/O found that the employees of both the CSC and PBC being interviewed were generally very forthright and cooperative with the BOI during the interviews and debriefings. It was evident that some employees had and continued to (REDACTED) stemming from the events of September 4^th, 2022.
• That some members of the BOI experienced a (REDACTED) due to the content and subject of their investigation.
• The I/O is of the opinion based on follow-up meetings with the BOI that some significant pressure was brought to bear on the BOI by some management personnel to make changes to the final report during the September 19^th, 2023 National Debriefing. This however, did not ultimately result in any substantive change to the BOI’s final report.