A decades-long community volunteer is calling it quits over what he says are unacceptable terms in his contract.
Damian Dunne, who’s been a Block Watch captain in North Vancouver for nearly 30 years, has handed in his resignation. His reason is some of the language in the police information check, which all Block Watch members are required to complete.
In particular, Dunne takes issue with the liability release portion that related to how his personal information is handled.
The form reads: “I agree not to bring any legal actions, claims or demands, for losses or damages … against the City or District of North Vancouver, their associated Police Board and any employees thereof, and to release them each from any and all liability and any actions, claims or demands, even if arising from their negligence or even gross negligence.”
That means if they’re checking his information and somehow screw up and tarnish Dunne’s good name, they’re not liable for damages even in cases of gross negligence.
“I just think that’s wrong,” he said.
As someone willing to volunteer his time and energy to make our neighbourhoods safer, Dunne calls the liability requirement “despicable.”
“There shouldn’t be a release of liability there at all,” he said. “You’re volunteering and they’re doing a criminal record check, which is fine.
“I’m in favour of that, but to release them from all liability, including negligence, and gross negligence, is just over the top as far as I’m concerned.” he said.
Dunne brought his concerns forward at an annual Block Watch meeting in November, where members of North Vancouver RCMP’s community policing services were present.
Dunne said he’s hopeful that with some pressure, there could be changes made to the information check.
RCMP bound by duty of care to safeguard private information
The police information check is used by all law enforcement agencies in B.C., said Const. Mansoor Sahak, spokesperson for North Van RCMP. But the legal implications differ depending on the municipality.
Municipalities with their own police departments, such as Vancouver, Port Moody and West Vancouver, are the employees of their respective local governments, and are governed by a police board, he said.
But municipalities that contract police services to the RCMP, such as North Vancouver, Richmond and Burnaby, are federal employees and not governed by a police board.
“Therefore, the indemnification clause is moot in respect to members of the RCMP, and a police board, which is non-existent,” Sahak said.
“The RCMP is bound by a duty of care in safeguarding private information, and will always bear responsibility for negligence and gross negligence,” he said.
However, the North Vancouver RCMP detachment does have municipal police support service staff, including front counter clerks and records managers. The liability release applies to those employees, Sahak said.
He said the detachment empathizes with and appreciates the concerns brought forward by Dunne.
“As a result of his concerns, we conducted a thorough review of the PIC process we currently use, including consulting with RCMP representatives who were part of the working group, and confirmed we are following the correct procedures,” Sahak said.
“The working group meets regularly and reviews processes to ensure best practices and alignment with BC Policing Standards and applicable legislation such as the Privacy Act,” he said.
For his part, Dunne said he would consider rejoining if the contract language were to change.
“I think it’s a great program,” he said. “I just scratch my head when the lawyers get involved, covering their butts 17 ways from Sunday.”
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