Sask. justice minister says Regina police should name murder victims

Saskatchewan's justice minister is concerned with the Regina Police Service's quiet decision not to name every homicide victim.

From now on, Regina police plan to only disclose the names of homicide victims in certain circumstances pertaining to public safety or public interest. 

Otherwise, spokesperson Elizabeth Popowich said earlier this week, if charges are laid, a victim's name will be released through court documents.

In cases where no charges are laid — and naming isn't seen as needed for investigative purposes — the victim's identity will not be provided. 

Minister says information should be released

"I have concerns," Justice Minister Don Morgan said of the practice on Wednesday. 

"My preference is that the information be released," he said. 

Regina police introduced the change without a formal announcement, saying only that media were invited to a session to discuss freedom of information legislation on June 20, where disclosure around homicide victims' names was going to be addressed. 

Freedom of information legislation allows members of the public access to records held by governments, and their respective agencies, while also ensuring privacy is maintained. 

Police point to freedom of information law

Until this year, that law did not apply to police services in Saskatchewan. That changed at the recommendation of the Office of the Saskatchewan Information and Privacy Commissioner, according to Morgan. 

When asked about the change, Popowich said the dead have privacy rights as do their families . 

She also cited freedom of information (FOI) legislation. Because murder victims' names are publicized through court records, the law "doesn't speak to something that's already public record," she said.

Asked if the intent of the law was to give police the ability to withhold information that had previously been public, Morgan said no. 

"I hope that they're not seeing that the piece of legislation is something they should try and, say, trigger a change in their policy. The policy before was that the names were released and as a general rule, I think that should be the policy that should be followed."

When asked about this Tuesday, Regina police chief Evan Bray said he was unaware of any change. Popowich then spoke to reporters about the change.

On Wednesday, she said an interview would not be provided on the matter. 

In an email to CBC News on Wednesday, Popowich wrote: "[Freedom of information legislation] provides an avenue of appeal to the Office of the Saskatchewan Information and Privacy Commissioner [OIPC] if you do not agree with our interpretation of the legislation. So I will defer to the OIPC and, of course, we would certainly comply with any guidance provided."

"I think the discussion will be very helpful for all of us," Popowich wrote.

Professor blasts 'Kafkaesque' logic 

Meanwhile, University of Alberta law professor Steven Penney is sounding the alarm over the practice of withholding victims' names in homicide cases.

He said he believes it does not serve a public purpose, but in fact operates on "Kafkaesque" and "nonsensical" logic.

"It's a kind of power grab by an administrative agency that shouldn't be making these decisions and it's making decisions on behalf of society as a whole," Penney said. 

Releasing details about a murder victim, which includes their name, serves the public interest as a way of informing people about what is taking place in their community, he said. 

"If the police are not taking responsibility for releasing that information in an official capacity then there's the potential for misinformation, for rumour, for innuendo, for hearsay to potentially go viral on social media and sort of paint an inaccurate picture of who might have been killed," Penney said. 

Policies on naming differ across Canada

Elsewhere in Saskatchewan, police services have different approaches to the matter. 

A Saskatoon Police Service spokesperson says it chooses to release a homicide victim's name on a case-by-case basis and will decline to do so if a family requests that. 

In Prince Albert, police say the general practice is to not name deceased persons except when their identities are public through either the media or court proceedings — or it is deemed helpful to investigations. 

Outside of Saskatchewan, Alberta police chiefs united behind a policy that says the names of homicide victims can be withheld, which is a practice followed by the Edmonton Police Service.  

Further east, a spokesperson for the Winnipeg Police Service said it names homicide victims because doing so could garner public attention, which could assist in investigations. 

A spokesperson for the Vancouver Police Department said it always release the names of murder victims.

 "We never want to live in a society where someone can be murdered in secret. Releasing the names can assist in maintaining public safety and their level of fear," the spokesperson said.

"Homicide victims are not able to speak for themselves and we hope by sharing details of the offence, we will generate tips that could lead to the identity of those responsible for the death."