Annual Report
2008-2009
PDF Format 0.98Mb
The Honourable Peter Van Loan, P.C., M.P.
Minister of Public Safety
House of Commons
Ottawa, Ontario
K1A 0A6
Dear Mr. Van Loan,
Pursuant to section 45.34 of the Royal Canadian Mounted Police Act, I hereby submit the annual report of the Commission for Public Complaints Against the RCMP for the 2008-2009 fiscal year, for tabling in Parliament.
Yours very truly,
Paul E. Kennedy
Chair
May 2009
Table of Contents
Who We Are and What We Do
Chair's Message
CPC Reports and Findings
Notable Complaints
CPC and RCMP Working Collaboratively
- Independent Observer Program
Recommendations made to the RCMP
Operation of the Commission
- Service Standards
- Enquiries, Alternative Dispute Resolution and Formal Complaints
- Review of Public Complaints
- Interim Reports, Commissioner's Notices and Final Reports
Community Outreach
Organizational and Business Improvements
Challenges and Opportunities
Appendix 1: Financial Statement
Appendix 2: The Complaints Process
* The RCMP maintains two Conducted Energy Weapons in its inventory – the M26 and X26 TASER®
The Commission for Public Complaints Against the RCMP is an independent body
established in 1988 to receive and review complaints about the conduct of regular
and civilian RCMP members in the performance of their policing duties. Its mission is
to contribute to excellence in policing through civilian review.
The Commission ensures that complaints about the conduct of RCMP members are examined fairly and impartially. Its findings and recommendations help identify, correct
and prevent the recurrence of policing problems caused by the conduct of
specific RCMP members or by flaws in RCMP policies or practices.
VISION: Excellence in policing through accountability.
MISSION: To provide civilian review of RCMP members' conduct in performing their
policing duties so as to hold the RCMP accountable to the public.
MANDATE: As set out in Part VII of the Royal Canadian Mounted Police Act, the mandate
of the Commission is to:
- receive complaints from the public about the conduct of RCMP members;
- conduct reviews when complainants are not satisfied with the RCMP's handling of
their complaints;
- hold hearings and investigations; and
- report findings and make recommendations.
STRATEGIC OBJECTIVES
- improve access to and openness of the public complaints process;
- improve processes for lodging complaints and requesting reviews;
- undertake strategic policy analysis and produce research-based analysis to improve
the relevance of review recommendations and to identify continuing, emerging and
new complaint trends; and
- create and maintain a workplace of choice.
HOW TO GET IN TOUCH WITH US
You can find the Commission for Public Complaints Against the RCMP on the Internet at
www.cpc-cpp.gc.ca. All documents cited in this report may also be found there.
To contact us by e-mail:
Telephone from anywhere in Canada: 1 800 665-6878
TTY: 1 866 432-5837
Minister of Public Works and Government Services
Cat. No. PS75-2008
ISBN 978-0-662-05805-2
"By perseverance the snail reached the arc" 1
In October 2008, the Commission for Public Complaints Against the RCMP celebrated
its 20th Anniversary. Like all such milestones, our 20th was an opportunity to take stock of our past, present and plan for our future. Although I was not privy to the original discussions that gave rise to the creation of the Commission, the public record would seem to demonstrate a good deal of resistance to the creation of a civilian review body in respect of the RCMP.
The 1960s and 1970s for the RCMP was a difficult period culminating in calls for civilian
oversight for the Force. The MacDonald Commission established in 1977 examined
the security intelligence activities of the RCMP which led to the creation of the Canadian Security Intelligence Service and the civilianization of the national security intelligence function. In 1974, the Marin Commission was established to look at discipline, grievances and complaints from the public with regards to the RCMP. The recommendations of the Marin
Commission called for the establishment of
a People's Watchman, a person who could
focus the light of publicity on his concerns
as to injustices and needed change, and
who could "bring the lamp of scrutiny
to otherwise dark places, even over the
resistance of those who would draw the
blinds." These recommendations remained
dormant until 1986 when the government
of the day introduced legislation to provide
for a civilian review body to deal with
public complaints concerning the conduct
of RCMP members.
The legislation as introduced and as
ultimately enacted by Parliament fell well
short of the model recommended by Judge
Marin. The inadequacies of that legislative
mandate were highlighted by the first
Chair of the Commission who called for
some thirty-three legislative amendments.
The sheer number of recommended
changes, when one considers the modest
public expectations of transparency and
accountability that prevailed in 1988,
underscored the Act's limitations and
anticipated some of the essential elements
required to address the public's increasing
distrust of public institutions and the
eventual clarion call for increased police
accountability. The years following 1988
witnessed the normal tensions that existed
between an oversight body and the police.
Successes such as the excellent work of
Justice Hughes in the APEC Public Interest
Hearing were offset by adverse court
rulings that restricted the Commission's
access to relevant RCMP information due
to its privileged or confidential nature.
Inadequate funding and a gross disparity in
the financial resources of the Commission
(5 million dollars) and the RCMP (4 billion
dollars) limited the effectiveness of the
CPC and seriously undermined the ideal of
meaningful civilian oversight of the RCMP.
Significant efforts were undertaken in
2006 to more effectively deploy the
limited resources of the Commission and
to initiate innovative projects designed to
better demonstrate the value of effective
civilian oversight. A five-year backlog of
reviews was eliminated and a 120-day
service standard was put in place for cases
appealed to the Commission. These service
standards were refined and additional
standards were extended to all aspects
of the Commission's work from complaints
intake to the finalization of cases under
appeal.
The Commission increased its use of Chair-initiated
complaints to broaden the scope
of its reviews to include a consideration
of the adequacy of RCMP training and
policies in addition to individual member
conduct.
An Independent Observer pilot project
was launched in 2007 in cooperation with
the RCMP "E" Division in British Columbia
to address ongoing public concerns with
the integrity of RCMP investigations of
members who were involved in incidents
that resulted in serious injury or death.
In 2008, the government provided the
Commission with short term funding
that allowed it to undertake a wider
range of activities both within its current
mandate and pursuant to a cooperative
arrangement between the Commission
and the RCMP. The infusion of funds has
allowed the Commission to:
- respond to a Ministerial request for a
review of TASER® usage by the RCMP for the period of 2001 to 2007;
- undertake a review of all deaths
proximal to TASER® use by the RCMP since 2001;
- undertake a public interest investigation
of individual incidences of TASER® usage in the Canadian North;
- review some 28 RCMP conducted
investigations of its members who were
involved in shootings that resulted in
serious injury or death and other serious
allegations for the years 2002-2007;
- review police interaction with
individuals suffering from mental health disorders;
- exercise its custodianship of the public
complaints process by conducting
a review of all RCMP dispositions of
complaints that were not formally
appealed to the Commission for the
calendar year 2007 and to prepare
both a national report and divisional
report for each of the contracting
provinces and the three territories. These
reports will provide the Minister of Public
Safety and his provincial colleagues,
along with the Commissioner of the
RCMP and his senior Commanding
Officers, an overview of the adequacy of the RCMP's participation in the public complaints process;
- strengthen accessibility to the complaints process by members of the
Canadian public through an expansion of its multilingual services and
enhanced outreach to the Aboriginal
community through collaboration with
the National Association of Friendship
Centres; and
- expand the Independent Observer
Program to the Yukon "M" Division.
There is a public thirst for more information and stronger assurances that these important areas are being examined and reported upon publically. It is increasingly clear that this is not a matter of whether or not such work ought to be undertaken. Rather, it is a question of why the Commission was not properly funded to have undertaken it sooner.
The future, hopefully the near future, should see these activities become part of the core foundational activity of the Commission.
There remain other activities that ought to be undertaken which must await legislative amendments. A credible oversight body must be able to:
- access all relevant information as of
right, possess the power to summon
witnesses, take evidence under oath
and to subpoena documents, short
of calling a potentially very expensive
public interest hearing;
- examine specific activities and
programs of the RCMP at the Chair's
discretion;
- report on RCMP follow-up action on
Commission recommendations;
- monitor and report on RCMP activities
in respect of public complaints;
- work collaboratively, as appropriate,
with other oversight bodies at both the
federal and provincial level;
- provide to the appropriate provincial
and territorial ministers Commission
decisions and other reports dealing
with the performance of the RCMP in
their respective jurisdictions;
- provide on an annual basis, to the
Minister of Public Safety and the
appropriate provincial or territorial
Ministers, statistical information relative
to the conduct of RCMP members in
their jurisdiction; and
- provide to the Minister of Public Safety
special reports as required.
A credible and effective regime of civilian
oversight of the RCMP is an essential
mechanism whereby the public and
their police may jointly participate in a
respectful dialogue, the ultimate goal
of which is to restore and maintain the
public trust in the police individually and
as an institution. With the passage of
20 years, the time to replace modest steps
in the advancement of civilian oversight of
policing with purposeful strides is upon us.
As the American social commentator Will
Rogers once said,
A credible and effective regime of civilian
oversight of the RCMP is an essential
mechanism whereby the public and
their police may jointly participate in a
respectful dialogue, the ultimate goal
of which is to restore and maintain the
public trust in the police individually and
as an institution. With the passage of
20 years, the time to replace modest steps
in the advancement of civilian oversight of
policing with purposeful strides is upon us.
As the American social commentator Will
Rogers once said,
"Even though you're
on the right track,
you will get run over
if you just sit there."
CPC Report on TASER® Use by the RCMP
As an independent review body and
informed interlocutor, the CPC is uniquely
positioned to bring a much needed
perspective to the public policy debate on
the RCMP's use of the TASER®. To this end,
on November 20, 2007 the then Minister of
Public Safety, the Honourable Stockwell
Day, requested that the CPC review the
RCMP's protocols on the use of the TASER®
and their implementation, including
compliance with such protocols, and
provide an interim report by December 12,
2007.
On December 11, 2007, an Interim
Report was produced which made
10 recommendations for immediate
implementation that covered three broad
conclusions:
- The RCMP needs to coordinate and
strengthen its efforts related to data
collection and analysis of TASER® use;
- The RCMP needs to empirically justify
policy shifts with respect to TASER® use,
especially when that shift loosens the
restrictions of deployment; and
- The RCMP needs to clarify to its
members and to the public when it is
permissible to deploy the weapon.
The CPC then moved to focus on two
main areas for the production of the Final
Report: an in-depth statistical analysis
of the RCMP's TASER® database and a
comparative analysis of other police
forces' TASER® policies. On June 12, 2008,
the Final Report was produced, which
made 12 recommendations for immediate
implementation that covered three broad
conclusions:
- The RCMP needs to restrict its
members' use of the TASER® as a
means of instituting appropriate and
proportionate use of the weapon;
- The RCMP needs to clarify the nuances
within its Use of Force Model to its
members and to the public about
when it is permissible to deploy the
weapon; and
- The RCMP needs to nationally
coordinate and strengthen its efforts
related to reporting, data collection,
and analysis of TASER® use.
Our research, and the fact that the CPC
has the largest single database in Canada
on the RCMP's use of the TASER®, brings a
unique perspective to this issue. From this
work, the CPC found a lack of appropriate
TASER® training, examples of inappropriate
use, a lack of meaningful data collection,
and a lack of transparency and accountability
within the RCMP.
The position of the CPC is that the principle
of proportionality is central to the debate of
the RCMP's use of the TASER®. The amount
of force used should bear some reasonable
relationship to the nature and amount of
resistance the member is facing. Policy
decisions the police make that affect their
interaction with the public need to be
based on sound, factual data. In addition,
communicating these policy decisions is
essential to obtaining public support.
Since the production of the Final
Report, progress has been made by
the RCMP during this fiscal year. Several
recommendations from the CPC were
adopted and work continues on others to
determine the extent of possible adoption.
For example, use of force coordinators
have been established across Canada
and headquarters has a dedicated unit
looking at use of force issues generally.
Stricter reporting requirements have been
placed on TASER® users and headquarters
vigorously administers the central TASER®
database and reviews all user reports
submitted by members. Professional
Standards units and Training units have
access to the centralized database and
the RCMP routinely shares all unvetted
TASER® reports with the CPC. The RCMP
continues to prepare and publish quarterly
reports on TASER® use and all users are
required to re-certify annually. Finally, in
February 2009 the RCMP published a new
TASER® Policy that better defined in what
circumstances it is permissible to use the
weapon.
Public Interest Investigation into
Deaths Proximal to TASER® Use
While acknowledging the progress made in
this area, the use and effects of the TASER®
by the RCMP in Canada continues to be
an issue of concern to the Commission. In
light of these concerns, on January 15, 2009
the Chair initiated a complaint and public
interest investigation into the conduct
of those unidentified RCMP members
present at, or engaged in, incidents where
individuals in the custody of the RCMP died
following the use of a TASER® since 2001.
In this complaint, the Chair will be examining
systemic issues related to in-custody deaths
and the application of the TASER®, and
whether RCMP members complied with all
appropriate training, policies, procedures,
guidelines and statutory requirements
relating to the use of force. This investigation
will also determine whether existing RCMP
policies, procedures and guidelines are
adequate.
The Commission has appointed its own
independent lead civilian investigator,
rather than having the complaint investigated
by the RCMP.
CPC Review of RCMP TASER®
Use Statistics for 2008
Recommendation 12 in the CPC's Final
Report on the RCMP's use of the TASER®
called for the passage of all unvetted
TASER® usage forms to the CPC for a period
of three years. Form 3996 is the report
members must complete after they have
threatened use of or actually deployed
a TASER®. The report contains information
related to the situational factors that
precipitated a TASER® use, the member's
written articulation of why he or she chose
to deploy the weapon, identification of
various facts related to the subject of
concern, the weather, the performance
of the TASER®, and finally, identification of
actions taken post-TASER® deployment.
In order to determine how and why
members are using the TASER®, and in
what circumstances they are choosing to
deploy the weapon as opposed to using
other use of force techniques, the CPC
has independently examined the RCMP's
TASER® database. Following the data
analyses performed in the TASER® Final
Report, the CPC produced in March 2009
similar analyses for all TASER® reports found
in the RCMP's database for 2008. Some
interesting findings were discovered.
First, there has been a significant change
in the way in which RCMP members are
using the TASER®. Notably, the TASER® is now being utilized primarily as a deterrent:
almost 50% of the use in 2008 saw the weapon being de-holstered but not fired in
any way. In addition, use of the weapon in push-stun/probe modes decreased in
2008. As with past analysis, the factors most likely to be linked with TASER® deployment
were substance use by the subject, and the number of members present during the
incident.
The Commission was able to empirically
examine the narrative portions of the
TASER® reporting forms, the first analysis of its
kind in Canada, and found that members'
written articulation of events did not always
match with what was being reported in the
rest of the report. This was especially true
with respect to TASER® use being identified
as having "avoided lethal force."
As with previous years, the Commission still
has a concern with TASER® use on youth
and those with mental health issues. In
2008, there was a proportionate increase
in TASER® use against youth; however, use
against youth mirrored the findings of use
against adults in that the weapon was
more likely to be used as a deterrent.
Finally, incident types identified in the
usage forms as "mental health" or
"suicide," when combined, was the primary
"call-type" where the RCMP responded
and where the TASER® was used. "Cause
disturbance" and "domestic dispute"
incidents types figured prominently as well.
It is of concern that calls involving "mental
health" or "suicide" resulted in more TASER®
deployments than any other incident type;
especially when there was no evidence in
the narrative portion of the TASER® usage
reports that mental health calls were any
more risky than other incident types.
... almost 50% of the
use in 2008 saw the
weapon being deholstered
but not
fired in any way.
CPC Report on RCMP Investigations of RCMP Members
The past several years have seen
numerous media reports and public
discussions reflecting concerns about the
independence and thoroughness of RCMP
criminal investigations into the conduct of
another RCMP member. To examine the
issue in greater detail and provide factually based
findings to inform these debates,
the CPC launched a Chair-initiated
complaint and public interest investigation
on November 28, 2007 into the conduct
of unidentified RCMP members who were
engaged in criminal investigations into the
activities of other RCMP members between
April 1, 2002 and March 31, 2007. The
investigation covered three broad areas:
- Serious bodily injury;
- Serious sexual assault; and,
- Death (including police motor vehicle fatalities).
The CPC randomly identified a total of
28 cases from across Canada that were
deemed suitable for examination. All
28 cases were subject to an in-depth
file review, and eight specific cases
were further subject to in-depth field
investigations. Fourteen serious bodily
assault cases, eight serious sexual assault
cases and six death cases were examined.
Travelling across Canada for close to six
months, CPC investigators interviewed a
total of 31 RCMP members-six members
declined to be interviewed and all 13
civilians contacted declined or did not
show up for interviews.
The investigation was thorough as per the
criteria and terms of reference established
in the original complaint record made by
the CPC Chair. To review the full complaint,
please see the Commission's website www.cpc-cpp.gc.ca
In addition, the CPC solicited input
from the public on the issue of police
investigating police and received a total of
19 submissions. To further an examination of
various models in existence addressing the
issue of police investigating the police, CPC
researchers conducted interviews with
several Chairs of review/oversight bodies
within Canada and abroad, and similarly
mapped the characteristics and powers of
these bodies. This work formed the basis for
making recommendations about possible
new review models for the RCMP that are
found within the investigation report.
The CPC will provide the RCMP Commissioner
and Minister of Public Safety with
its Interim Report early in the new fiscal
year. The CPC looks forward to receiving
the Commissioner's Notice to the Interim
Report in a timely fashion, when the CPC will
issue its Final Report After Commissioner's
Notice (FACN) within the 30-day service
standard the CPC has established for itself.
CPC Review of the RCMP Public Complaints Record 2007
Over the past year and a half, the CPC
embarked on an in-depth examination of
the entire RCMP public complaints system.
Referred to as the Review of the Record
project, this research provides an empirical
foundation to assess how effectively
the RCMP public complaints system is
functioning overall, at the national, regional,
and divisional level. The Review of the
Record examines all complaint dispositions
stemming from public complaints against
the RCMP lodged with the CPC, or directly
with the RCMP, and is designed to:
- Confirm that the RCMP's statutory
mandate and responsibilities related to
public complaints provided for in
Part VII of the RCMP Act are being
met;
- Analyze complaints for the purpose of trend analysis;
- Identify complaint issues that might
form the subject of further examination
or action;
- Identify systemic issues within
the complaint process and the
wider context of Canadian law
enforcement; and
- Encourage collaboration with the
RCMP to identify opportunities for
change.
On January 29, 2009, the CPC released to the public its report for the calendar year 2007. The research included a total of 1,440 complaints at that time.
The Review of the Record project has:
- Identified opportunities to improve the quality of the
public complaint system and enhance service to the public.
- Reduced the
large number
of outstanding
complaint
dispositions with
the RCMP.
- Increased
cooperation
between the CPC
and the RCMP.
In addition, this project has the added benefit of identifying negative issues
before they require costly solutions (e.g. public hearings or commissions of
inquiry).
Overall, the public complaint system is working and service to Canadians is improving,
e.g. RCMP compliance in providing the Commission with completed complaint
dispositions is getting better. However, the Review of the Record project found the
following:
Areas that Require Immediate Attention:
- The RCMP is not properly informing complainants of their right to request
a review, from the Commission, of their complaint disposition, thereby denying
complainants full access to the complaint system.
- Contrary to RCMP policy, the RCMP is informally resolving allegations of serious
misconduct.
- Of all the complaint allegations investigated by the RCMP force wide,
very few were found to be supported by the RCMP.
- The RCMP is
occasionally
misclassifying a
complaint withdrawal
as an informal
resolution, and vice
versa.
- There is little
information about
the RCMP public
complaint process
from Nunavut, Yukon,
and the Northwest
Territories.
Pursuant to the above, the CPC made six
recommendations to the Minister of Public
Safety and the Commissioner to improve
the overall complaint system:
- The Commission and RCMP engage
in discussions of best practices and
improvements to the public complaints
process.
- The Professional Standards and
External Review Directorate at
RCMP Headquarters issue a directive
articulating the handling of certain
complaint dispositions and allegation
categories, e.g. when it is appropriate
to informally resolve improper use of
force allegations and when it is not,
how complaints alleging statutory
offences are to be processed under
Part VII of the RCMP Act, and when it is
appropriate not to investigate a public
complaint.
- The RCMP implement efficient means of
tracking public complaints nationally.
- The RCMP implement standardized
training for those involved in capturing
public complaints and writing dispositions.
- The RCMP commit to improving its
public complaint service standards.
- The RCMP ensure all complaint
dispositions are provided to the
Commission concurrent to being
provided to the subject member and
complainant.
The RCMP Act authorizes the Chair to
initiate a complaint to review the conduct
of an RCMP member or members. The
ability to self-initiate such a review allows
the CPC to broaden its scope of review
beyond what may have been articulated
by individual complainants, leading to the
identification of systemic issues that may
not otherwise be adequately explored.
The Chair reports his findings and any
recommendations for action stemming
from a Chair-initiated complaint to the
Commissioner of the RCMP and to the
Minister of Public Safety. This year, the CPC
continued to focus this authority on those
issues of particular concern to the public,
i.e. deaths in RCMP custody and the use of
the TASER®. By doing so, the CPC is creating
a comprehensive factual picture of police
activities and enabling the CPC to examine
RCMP practices on a detachment, division
and national basis.
This approach will also permit the CPC to
better inform the RCMP Commissioner, the
Minister and the Canadian public of the
true nature and scope of problems that
have tended to be viewed as isolated
events.
Kevin St. Arnaud
On March 15, 2006, the Commission Chair
initiated a complaint in relation to the
events surrounding the shooting death
of Kevin St. Arnaud in Vanderhoof, British
Columbia. Specifically, the complaint
alleged that members of the RCMP
improperly entered into a situation with
Mr. St. Arnaud that resulted in his death and
that a member of the RCMP improperly
discharged his firearm in the incident. The
coroner's inquest into Mr. St. Arnaud's death
took place in January 2007, and evidence
introduced there raised questions about
the adequacy of the original criminal
investigation. The Chair therefore amended
his complaint, adding an allegation that
members of the RCMP failed to conduct an
adequate investigation into the death of
Mr. St. Arnaud.
During the coroner's inquest, the member
involved in the shooting of Mr. St. Arnaud,
Constable Ryan Sheremetta, testified
about his experience in disarming persons
in the town of Vanderhoof. The veracity of
his testimony became the subject of much
scrutiny and led to an investigation by
the RCMP public complaints investigator
and the CPC analyst. Their intense
examination uncovered facts that led
to the suspension of the member and
a referral of the investigation to the
Crown for a possible charge of perjury. In
addition, the Metropolitan Toronto Police
Service was brought in to examine the
complete criminal investigation file. After
reviewing the file, the Crown decided not
to recommend criminal charges.
On October 29, 2008, the Chair provided
his Interim Report to the Commissioner
of the RCMP and the Minister and made
findings in two main areas. First, the Chair
concluded that Constable Sheremetta
shot Mr. St. Arnaud in self-defence after
reasonably perceiving that Mr. St. Arnaud
posed a threat of grievous bodily harm
or death and believing that he could not
otherwise preserve himself from grievous
bodily harm or death other than by using
deadly force. Second, the Chair found that
the members first arriving at the scene and
the North District Major Crime Unit, which
ultimately conducted the investigation,
made significant errors that detracted
from the adequacy and impartiality of the
investigation.
The Chair made recommendations urging
the RCMP to:
- increase the number of and improve
the appointment process for use of
force experts;
- ensure that the primary investigators
involved in police investigating police
conduct briefings and continually
update the forensic identification
officers;
- act forthwith to implement policy that
provides direction to on scene RCMP
members in major cases involving
investigation of police conduct, i.e.
situations where the police investigate
the police, including the need to
ensure real and perceived impartiality;
and
- modify Major Case Management
policy so as to clarify the distinction
between those managers and
supervisors providing operational
decision making and guidance, and
those providing administrative support.
On March 27, 2009, the Commission
received the RCMP Commissioner's
Notice which responded to the Chair's
recommendations. While disagreeing
with some of the CPC's findings the
Commissioner accepted all of the
recommendations and noted that the
relevant policies were currently being
developed or reviewed. The Commission
will monitor the RCMP's progress in the
development of these policies.
Cheryl Anne Bouey
On June 26, 2008, members of the Prince George RCMP Detachment arrested Ms. Cheryl Anne Bouey for being intoxicated in a public place and lodged her in cells. A guard subsequently found her unresponsive in her cell and attempts to revive her were unsuccessful.
On June 27, 2008, the Chair initiated a
complaint into the conduct of those RCMP
members or other persons appointed or
employed under the authority of the RCMP Act involved in the events of June 26, 2008,
from the time of Ms. Bouey's initial contact
with police, arrest and subsequent detention
and death. The complaint will also
examine whether there was compliance
with training, policies, procedures,
guidelines and statutory requirements
relating to persons in custody and whether
there was adequate supervision and
direction to the guard or guards who were
charged with the care and handling of
prisoners in the Prince George Detachment
at the time of Ms. Bouey's detention in
cells and death. The complaint will further
examine whether the relevant RCMP
national, divisional and detachment-level
policies are adequate to ensure the proper
care and safety of persons detained in
RCMP cells.
The investigation into this matter is ongoing.
Raymond Silverfox
On December 2, 2008, Whitehorse RCMP
members responded to a complaint from
a local shelter. The RCMP members arrived
at the shelter and arrested Raymond
Silverfox for causing a disturbance.
Mr. Silverfox was transported to the RCMP's
Whitehorse Detachment and held in
custody for several hours during which time
he went into medical distress. He was taken
to hospital where medical staff was unable
to revive him and he died thereafter.
The Chair-initiated complaint will examine
whether the RCMP members or other
persons appointed or employed under
the authority of the RCMP Act involved
in the events of December 2, 2008, from
the moment of initial contact and arrest,
through to the subsequent detention and
death of Raymond Silverfox, complied
with all appropriate training, policies,
procedures, guidelines and statutory
requirements relating to persons held
in RCMP custody and in particular to
providing access to medical treatment.
The complaint will also assess whether
the RCMP's national, divisional and
detachment-level policies, procedures
and guidelines relating to the provision of
medical treatment to persons detained
in RCMP custody, in particular relating
to those who are detained where the
consumption of alcohol is a factor, are
adequate to ensure the proper care and
safety thereof.
Mental Health-Related Issues and the Death of Christopher Klim
The RCMP's response to people with mental
heath-related issues remains a concern for
the Commission.
On January 18, 2008,
the Chair initiated a
complaint into the
conduct of Vernon,
British Columbia RCMP
members executing a
warrant issued pursuant
to British Columbia's
Mental Health Act on December 27,
2007. During the incident, the subject of
the warrant, Christopher Klim, allegedly
threatened the members with at least one
knife. The events escalated to the point
where members feared for their safety and
used deadly force. Mr. Klim died as a result
of his gunshot injuries.
The complaint will examine whether
members complied with all appropriate
training, policies, procedures, guidelines
and statutory requirements relating to
persons being apprehended under the
Mental Health Act. It will also examine
whether relevant RCMP policies, procedures
and guidelines are adequate.
The RCMP commenced its investigation in
May 2008 and a coroner's inquest was held
in November 2008. The RCMP's investigation
of the Chair's complaint is ongoing.
Death of Robert Dziekanski
On October 14, 2007, four RCMP members
from the Richmond, British Columbia
Detachment responded to a complaint
of a male acting erratically at Vancouver
International Airport. While attempting
to subdue and arrest the individual,
later identified as Robert Dziekanski, the
members deployed the TASER®. Shortly after
being taken into custody, Mr. Dziekanski
fell unconscious. Emergency services
personnel attended, but Mr. Dziekanski
died at the scene.
The incident sparked
considerable public concern
over the degree and
type of force required by
police officers to effect
an arrest and particular
concern over the use of
the TASER®. Members of
the public also continue to
voice concerns about the propriety of the
police investigating the police. The Chair
of the Commission therefore decided there
were reasonable grounds for investigating
both the conduct of the RCMP members
involved in this incident and the adequacy
of the ensuing investigation conducted by
the RCMP investigation team. The Chair
also is assessing RCMP policy, procedures,
directives and guidelines that affect
the deployment of the TASER® and the
handling of persons who are unable to
communicate in either of Canada's official
languages.
The CPC's review of this matter continues
and a report is expected to be released in
2009.
Frank Lasser
On May 9, 2008, the Chair initiated a
complaint into the conduct of Kamloops,
British Columbia RCMP members responding
to a call of an armed patient at the
Royal Inland Hospital in Kamloops. During
the incident, the patient, Frank Lasser,
allegedly threatened the RCMP members
with a knife. Members subdued 82-yearold
Mr. Lasser by use of a TASER®.
The complaint raised the issue of whether
members complied with all appropriate
policies, procedures, guidelines and
statutory requirements and whether existing
RCMP policies, procedures and guidelines
are adequate.
The Chair released his final report on
April 1, 2009 which determined that RCMP
members acted appropriately by using
the TASER® on Mr. Lasser as a last resort to
disarm him after all other attempts had
failed.
Throughout this incident, Mr. Lasser's
behaviour could reasonably be described
as posing a threat of grievous bodily harm
or death to hospital staff, police and even
himself. Under the circumstances, the Chair
concluded that use of the the TASER® was
justified.
Inuvik Minor
On March 13, 2007, an RCMP member
responded to a call from staff at the Arctic
Tern Young Offenders Facility in Inuvik,
Northwest Territories to assist them with an
unruly teenaged female. While attempting
to subdue the female, the member
deployed the TASER®. The incident was
initially investigated by the RCMP in the
Northwest Territories.
The incident sparked public concern over
both the use of the TASER® on a youth in a
detention facility as well as the propriety of
RCMP members investigating other RCMP
members.
As a result, on November 28, 2008, the Chair
initiated a complaint into the conduct of
all members involved in the incident as well
as those who conducted the subsequent
criminal investigation. The Chair will also
assess the adequacy of RCMP policies,
procedures and guidelines applicable to
these situations.
The Chair also determined that it was
in the public interest to investigate this
matter and therefore instituted a public
interest investigation pursuant to the RCMP Act. The independent civilian investigator
appointed to this case is a former senior
(non-RCMP) police officer.
The investigation into this incident is
continuing.
The Use of Search and Seizure as a Preventative Security Measure: Search for Alcohol at a Large Civic Event
In preparation for the Canada Day
celebrations of 2008, the West Shore RCMP
Detachment in British Columbia, working
with the Victoria Police Department (VPD),
other police agencies and B.C. Transit,
developed an operational plan to respond
to what had occurred on Canada Day in
recent years in the City of Victoria. The
objectives of the plan were to respond
in a proactive way to what had become
a civic event mired in excessive liquor
consumption and vandalism on the part of
some attendees.
Citizens entering the downtown core
of Victoria were subject to consensual
searches of bags and knapsacks for alcohol.
Although there were no incidents related
to the searches, two citizens subsequently
lodged complaints with the British Columbia
Civil Liberties Association. In July 2008, the
BCCLA approached the Office of the
Police Complaints Commissioner of British
Columbia, responsible for the Victoria
Police and the CPC, responsible for the
RCMP, with a formal complaint. As the
complaint stemmed from a joint operation,
the two oversight bodies worked together
to conduct a consistent and cost-effective
review. The CPC was given responsibility to
coordinate the investigation as a "public
body" pursuant to section 63.1 of the British Columbia Police Act.
The investigation conducted by the
Commission's investigator consisted of a
review of all relevant documents including
policing policies and the relevant planning
documents for the Canada Day events,
interviews of relevant individuals, as well
as a review of the execution of the policies
and operation plans relating to the search
and seizures. Furthermore, in light of the
legal implications regarding the searches
conducted by the police during the
Canada Day celebrations, a legal opinion
was obtained regarding the examination
of bags carried by pedestrians and bus
passengers.
In its Interim Report, the Commission found
that although the goal of the police in
this case was laudable, unfortunately, it
appears that in the main these searches,
such as in the case of the individual witness,
were not genuine consent searches
and accordingly were not authorized
under British Columbia's Liquor Control
and Licensing Act, Transit Act and Transit
Conduct and Safety Regulation, or general
common law police powers. If such
searches are to contribute to the security
necessary for this civic celebration to
continue in the future, they must be given
some legislative authority that is justifiable
under the Canadian Charter of Rights and
Freedoms. The Commission also found that
the RCMP members did not keep detailed
notes of their participation in the Canada
Day events.
In light of the findings,
the Commission recommended
that until such time as the required
legislative bases are put in place, the
RCMP's participation in preventative
and early interdiction liquor strategies
be limited to police presence, and
searches only be conducted when
the RCMP members have the requisite
grounds under the applicable
legal authority. Furthermore, the
Commission recommended that,
consistent with policy, RCMP members
take contemporaneous notes and
document their actions thoroughly.
On March 27, 2009, the Chair received
the Commissioner's response wherein he
agreed with the Commission's findings and
recommendations.
Independent Observer Program
Originally undertaken in 2007 as a pilot
project in "E" Division (British Columbia),
the Independent Observer Program (IOP) is
aimed at ensuring that RCMP investigations
into incidents where RCMP members'
actions have resulted in serious injury or
death are conducted without concern for
impartiality.
IOP Assessment of Impartiality and
Independence
A CPC Independent Observer, along with
a liaison member from the RCMP's Office
of Investigative Standards and Practices,
attends the locale of the incident and is
fully briefed throughout the investigation.
Access to the operational file of the
investigation is also provided so that the
Independent Observer is able to assess
impartiality. That assessment is done using
four primary criteria:
- line management: whether there are
any actual or perceived confl icts
of interest between the subject
members and those conducting the
investigation. In addition, whether the
management structure and reporting
relationships are appropriate;
- appropriate level of response: whether
the investigative team's response
to the incident is proportional to
the seriousness of the incident. This
includes training, experience, and
professional accreditation;
- timeliness of the response: whether
there were any delays in investigative
team's response to the incident; and
- conduct: whether the investigative
team members' conduct is consistent
with section 37 of the RCMP Act.
The Independent Observer confines the
assessment to these four considerations
and does not examine the investigation
with regard to issues such as adequacy or
direction. That said, the Observer is a helpful
set of eyes and ears for the Commission and
can lead to the Chair determining that it is
appropriate to examine the matter more
closely and initiate a complaint. Following
each IOP incident, summary and status
reports are posted on the CPC website.
The IOP was initiated on six occasions this
year. Of note is the fact that the IOP was
employed twice in "M" Division (Yukon).
| Location |
Date IOP engaged |
| Surrey,British Columbia |
June 18, 2008 |
| Surrey,British Columbia |
August 1, 2008 |
| Langley,British Columbia |
October 1, 2008 |
| Whitehorse,Yukon |
December 4, 2008 |
| 100 Mile House,British Columbia |
February 10, 2009 |
| Watson Lake,Yukon |
March 11, 2009 |
For a summary of the cases, please see the
Commission's website at www.cpc-cpp.gc.ca.
IOP Evaluation
Upon the expiration of the one-year
term of the pilot project, 22 stakeholders
were contacted and participated in an
evaluation of the pilot conducted by an
independent third party. The responses
provided included the finding that the
observations provided by Independent
Observers have been timely, competent,
and professional. Furthermore, a number of
recommendations to refine the pilot project
were made in the evaluation, including:
- formalizing the Pilot Project and
developing a written protocol;
- seeking approval to extend the IOP in
"E" Division on an on-going basis;
- the CPC ensuring a more proactive
approach is taken with respect to
media coverage around the IOP;
- the RCMP and CPC clarifying the roles
of the Independent Observer and
liaison member, as well as defining
terms such as "impartiality";
- tracking IOP program costs; and
- examining the feasibility of establishing
the IOP in other divisions.
The majority of these recommendations
have been implemented and incorporated
into a formal protocol signed on March 12,
2009.
While addressing cases involving the
conduct of individual RCMP members,
the Commission also examines systemic
problems that frequently are catalysts for
complaints about individual members'
conduct.
In recent years, the Chair has launched a
number of complaints aimed at creating
a comprehensive factual picture of police
activities and enabling the CPC to examine
RCMP practices on a detachment, division
and national basis.
This approach will allow the CPC to better
inform the RCMP Commissioner, the Minister
and the Canadian public of the true nature
and scope of problems that have tended
to be viewed as isolated events.
To foster greater public debate on these
important issues, the CPC publishes on its
website all reports containing its adverse
findings as well as its recommendations.
Kingsclear Youth Training Centre
Final Report
On October 10, 2007, the Chair released
the final report on his public interest
investigation into complaints received
relating to RCMP investigations of alleged
sexual abuse at the Kingsclear Youth
Training Centre in New Brunswick.
In February 2009, the RCMP Commissioner
provided an update regarding actions the
RCMP has subsequently taken in response
to the nine recommendations made by
the CPC in its Kingsclear Public Interest
Investigation Report.
Among the RCMP responses, the
Commissioner stated that he will remind
Commanding Officers of the requirement
to have appropriate practices and
processes in place to monitor large scale
and sensitive operations. The Commissioner
also recommended that "J" Division (New
Brunswick) revise the mandate of the Major
Crime Unit and that there be a dedicated
General Investigation Unit/Street Crime
Unit in each district. The Commissioner
further stated that a revised operational
policy for notebooks and a new Unit Level
Quality Assurance (ULQA) policy have
been drafted.
The RCMP has also instituted a practice
of calling on investigators from other
provinces, unfamiliar with member(s) under
investigation, to conduct investigations
where appropriate. Further, RCMP Divisions
can arrange for independent investigators
for sensitive investigations from other
Divisions of the RCMP, from integrated
units, or from other provincial or municipal
police agencies, depending on the
circumstances.
Additionally, the RCMP agreed that it needs
to be more proactive in its communications,
and that communications for ongoing
investigations must be carefully managed
in order to protect the integrity of such
investigations and any related civil or
criminal proceedings.
The CPC provides the RCMP with its
adverse findings and its recommendations
to address these findings. In instances
where the RCMP has agreed in principle
but have yet to adopt or implement
the recommendations, the Chair will
continue to monitor and make public
his key recommendations. Two such
examples of recommendations awaiting
implementation include:
Taxation of Canadian Corporate
Dividends and Income Trusts
On February 1, 2007, the Chair of the
CPC launched a review of the RCMP's
December 2005 announcement of its
decision to conduct a criminal investigation
into a possible breach of security relating
to the taxation of Canadian corporate
dividends and income trusts. The RCMP's
public disclosure occurred in the middle of
the 2005-2006 federal election campaign.
The Chair found no evidence of improper
motive but noted that RCMP policies and
standards relating to the release of such
information are neither comprehensive nor
are they capable of addressing sensitive
situations in which it is necessary to weigh
competing public interests. The Chair
outlined the elements of a policy framework
to shape the future exercise of RCMP
discretion relating to the disclosure of the
existence of highly sensitive investigations
such as those that might affect the federal
electoral process.
On February 2, 2009, the Commissioner
of the RCMP advised that while a draft
policy on sensitive investigations continues
to be developed, in the interim the RCMP
has implemented more robust internal
and external communication strategies in
connection with these matters.
Shooting Death of Ian Bush
On November 29, 2007, in Vancouver,
British Columbia, the Chair released his final
report on his review of the shooting death
of Ian Bush of Houston, British Columbia. On
October 29, 2005, Mr. Bush was fatally shot
by Constable Paul Koester at the Houston
RCMP Detachment in British Columbia.
After the RCMP completed its criminal
investigation, it was reviewed by the
New Westminster Police Department and
forwarded to the B.C. Crown Counsel's
Office. The B.C. Attorney General
determined that no criminal charges would
be laid.
In his final report, the Chair made a number
of significant recommendations aimed at
improving RCMP policing practices. Key
among them are:
- that the RCMP develop policy that
provides direction to on-scene RCMP
members in major cases involving
investigation of police conduct;
- that the RCMP develop a policy that
dictates the requirement, timeliness
and use of the duty to account that
members are obliged to provide; and
- that the RCMP develop a media and
communications strategy specifically
for police involved shooting
investigations that recognizes the need
for timely updates to the media and to
the public.
While the Commission has yet to be
advised that any of the aforementioned
recommendations have been fully
implemented, it is aware that the RCMP is
working on clarifying the "duty to account"
obligation.
Fiscal year 2008-2009 represents the first
year of the CPC operating with its complaint
intake and review functions integrated into
one unit. The synergies realized as a result
of this reorganization have contributed to
the CPC being more attuned to the needs
of the Canadian public and thus better
able to identify and respond to emerging
trends related to police oversight.
Service Standards
This year also marked the first full year
of operation in adherence to the
performance-based service standards for
each step of the complaint and review
process.
The aim of the CPC is to have the entire
complaint process-from the initial lodging
of the complaint to the final disposition on
appeal-finalized within one year. The
CPC is seeing a number of complaints
being completed within the one year time
period, which is a significant improvement
from previous years.
This year, 58% of the complaints subjected
to a review by the CPC met this one-year
target.
| |
Standard |
Target |
Actual |
| Complaints * |
4 days |
80% |
90% |
| Requesting materials from RCMP |
4 days |
80% |
94% |
| Review reports |
120 days |
80% |
89% |
| FACNs |
30 days |
80% |
95% |
*Processing and delivering formal complaints to the RCMP
The CPC continues to work with the RCMP
in tracking response times and enhancing
efficiencies. These actions are aimed at
enhancing the ability of complainants,
RCMP members and Canadians to hold
the CPC and the RCMP accountable for a
timely response to public complaints.
The CPC exceeded
its performance targets for all
of its service standards. This
serves as the Commission's
on-going commitment to
provide value-added services
to all Canadians by ensuring
accountability in policing
practices in a timely fashion.
Enquiries, Alternative Dispute Resolution and Formal Complaints
Much of the Commission's work continues
to centre on providing direct service
to Canadians who are concerned about
the actions of the RCMP. The CPC's
national intake office in Surrey, British
Columbia, continues to experience
increasing workload. Specifically, it
processed 3,875 general enquiries,
alternative resolutions ("ADRs"), and
formal complaints against the RCMP this
year. As the following chart illustrates,
this represents a 20% increase from last
year. Over the past two years formal
complaints have increased by a total of
86%.
Total Enquiries, Alternative Dispute Resolutions and Complaints
The Commission remains intent on
enhancing its responsiveness to the needs
of the public by providing a number
of options for the processing of any
concerns. To this end, a member of the
public contacting the Commission will
be provided with same-day access to an
experienced analyst who will listen to that
person's issues, assess what he or she would
like to achieve and identify an appropriate
process that will meet his or her objectives.
For example, the same allegation of lack
of professionalism on the part of an RCMP
member could be managed in three ways:
Enquiry: If a motorist is spoken to by an officer
at a traffic stop in a manner which
the motorist believes is inappropriate
and wants to express his concerns without entering
into the formal complaint process, or even providing
his name, the analyst will listen to the issues described
by the citizen, record the details and provide them in
a written report to the detachment commander. The
process is identified as an Enquiry.
Alternative Dispute Resolution: Another motorist in similar
circumstances may wish to
participate in an alternative dispute
resolution process rather
than lodge a formal complaint.
After clarifying the citizen's issues and goals, a CPC
analyst will facilitate discussions with the RCMP in an
effort to reach a solution that is satisfactory for both the
complainant and the RCMP.
Formal Complaint: A different motorist in
this situation may wish to
lodge a formal complaint
and participate in an
investigation, receive a written response from
the RCMP and have the ability to request the
Commission to conduct an independent review.
This process is identified as a Formal Complaint.
Enquiries
The Commission recognizes that not every
concern has a basis in conduct, nor is
the formal complaint process the singular
vehicle to address issues raised by the
public. The Commission acts on the need to
provide additional service to the public by
recognizing that many of the issues raised
by citizens could suitably and promptly be
addressed by experienced analysts. This
may include requests for information about
police authority, obtaining assistance in
furthering an investigation or gaining an
understanding of the role of Crown counsel.
This alternative measure appreciably
decreases the demands placed on the
complaint system.
Alternative Dispute Resolution
The Commission employs skilled analysts,
trained in mediation, who function as
neutral and objective intermediaries to
assist with conflict resolution by creating
a positive climate for communication
between the public and the RCMP.
Commission analysts clarify for the citizen
what the roles and responsibilities of
the parties are, establish logistics for
communications and assure the citizen
that the formal complaint process remains
an option in the event of an unfavourable
outcome. The parties then confer with each
other to arrive at a satisfactory resolution. In
many instances, these types of conflicts are
resolved within a few days.
The aim of the Commission in this regard is to
"add value" as an unbiased and informed
bridge between the public and the RCMP.
It should be noted that statutory offence
allegations or those alleging excessive use
of force or other serious matters are not
considered to be appropriate for ADR.
Formal Complaints
Timely Processing of Complaints
Last year the Commission introduced a
service standard for processing complaints
and implemented secure electronic
transmission to the RCMP. During fiscal
year 2008-2009, continued business
process improvements resulted in 90% of all
complaints being transmitted to the RCMP
within four calendar days of receipt by the
Commission.
The Four-day Service Standard
Complaint Trends
The type of issues raised in complaints
made to the Commission in 2008-2009
followed similar trends from previous years,
the most common complaint issue relates
to member attitude (20.6%). This category
of complaint can include dismissive, rude,
non responsive, or biased behaviour
on the part of the member as well as
behaviour that is seen to be unfair or
lacking empathy.
The second most common complaint issue
identified by the Commission relates to
the quality of RCMP criminal investigations
(17.3%). This complaint issue is identified as
such when the complainant feels that the
criminal investigation included improper
witness interviews, improper evidence
handling and examination, timeliness
issues, concealment of facts, or misleading
reports.
Other complaint issues relate to arrest,
vehicular incidents and issues surrounding
allegations of police physical abuse.
However, the most common complaint
issues identified relate to member attitude
or RCMP criminal investigation quality.
| 10 Most
Common CPC
Complaint
Issues |
Number of Complaint Issues |
| Attitude other than abusive language |
978 |
| Criminal investigation
quality (RCMP) other
than note-taking |
821 |
| Arrest |
292 |
| Vehicular incidents |
285 |
| Police physical
abuse other than
restraints |
255 |
| Alcohol/drugs |
252 |
| Detention |
225 |
| Search and seizure |
149 |
| Property mishandling |
137 |
| Jurisdiction |
131 |
Receipt of all Complaints in the First
Instance
The public can make complaints with the
CPC or with the RCMP. As the agency
charged with addressing complaints
regarding the RCMP, the CPC has historically
only been aware of those public complaints
lodged directly with the CPC in any given
period.
On January 30, 2009, the Commissioner of
the RCMP agreed that the work of the CPC
would be enhanced if it were to receive all
complaints lodged with the RCMP promptly
after they had been filed. Additionally,
he advised that he would immediately
implement the practice across the RCMP.
This is an important milestone in the evolution
of the CPC.
Review of Public Complaints
When a person lodges a formal complaint
about the conduct of a member of the
RCMP, if that person is not satisfied with the
RCMP's response, that person has the right to
request that the Commission independently
review the propriety of the conduct and the
RCMP's handling of the matter.
Upon receiving a request for review, the
CPC requests all relevant information
regarding the complaint. Commission
analysts then examine the information
provided by both the complainant and the
RCMP. The Commission may agree with the
RCMP's initial investigation or find that the
complainant's allegations are founded.
In its reports, the Commission makes
recommendations aimed at improving
RCMP conduct and national policing policy.
This year the CPC was asked to
formally review the RCMP's handling of
226 complaints. Of these, 78% were from
complaints originally lodged with the CPC.
The CPC notes that the complex nature of
the issues raised in these review requests is
continuing to increase.
As part of its ongoing commitment to
ensuring straightforward, public access
to reports and recommendations given
to the RCMP, the CPC greatly expanded
the amount of information available on its
website this past year.
Additionally, in an effort to promote civilian
confidence in the RCMP, one section of
the website features a number of reports
which highlight both opportunities for
improvement as well as instances of
exemplary police conduct.
Preparation and delivery of reviews
Once a review is requested, the Commission
tracks every step of the process in order
to provide a timely response to both the
complainant and the implicated members.
If upon completion of the review, the
Commission is satisfied with the actions
of the RCMP and the manner in which
it addressed the complaint, it will issue a
"Satisfied Report." On the other hand, if
the Commission finds fault or is otherwise
not satisfied, it will issue an "Interim Report"
outlining its findings and recommendations
to the Commissioner of the RCMP and the
Minister of Public Safety.
During this fiscal year, the Commission
delivered a total of 276 reports. Of these,
86% indicated that the Commission was
satisfied with the actions of the RCMP.
120-Day Service Standard
The CPC remains committed to ensuring
that at least 80% of its reports are finalized
within 120 days of receiving the request
for review. This year, the CPC achieved a
performance rate of 89%. This is an increase
of 9% from last year's performance.
Receiving the materials from the
RCMP in a timely manner,
a necessary first step
In the majority of cases, the Commission's
review of a complaint is comprised of three
steps:
- requesting the relevant materials from
the RCMP;
- receiving the materials; and
- preparing and delivering the review
report.
As indicated in last year's annual report, the
Commission's ability to complete its report
thoroughly and expeditiously is dependent
upon the RCMP providing all materials
relevant to the complaint in a timely
manner. Although the RCMP still has some
distance to go in order to meet the 30-day
objective, the Commission will continue to
work with the RCMP in improving its turnaround
times and ensuring timely responses
to complaints.
Incomplete materials and further
investigations
If the Commission is not satisfied with the
materials provided by the RCMP, or if it
believes that not all of the complainant's
concerns have been adequately
investigated, the Commission may then
take additional steps to fully address
the issues raised in the complaint. The
Commission can either:
- request additional information;
- conduct an investigation or request
that the RCMP further investigate the
complaint; and/or
- initiate an investigation in the public
interest.2
During this past fiscal year, the Commission
concluded there was missing information
in 9% of matters that it reviewed. In
response, the RCMP provided the
additional information on average within
25 days of these requests. Examples of
missing information include cell block
videos, statements and members' notes.
Additionally, in seven specific cases, the
Commission deemed it was necessary that
a further investigation be conducted. On
average, these further investigations took
six months to complete.
Interim Reports, Commissioner's Notices and Final Reports
While in the majority of cases the CPC
is satisfied with the actions taken by the
RCMP, when the CPC makes adverse
findings about the conduct of a member,
it prepares an Interim Report setting out
its findings and recommendations; this is
sent to the Commissioner of the RCMP and
the Minister of Public Safety. The RCMP
Commissioner prepares a response-
the Commissioner's Notice-in which
he describes what action the RCMP has
taken or will take in light of the findings
and recommendations. The CPC then
prepares its final report-the Final Report
After Commissioner's Notice (FACN); this is
sent to the complainant and the members
involved.
Commissioner's Notices
As stated above, whenever the Commission
concludes that a member acted
inappropriately or contrary to RCMP policy,
it produces an Interim Report and reports
its recommendations to the Commissioner
of the RCMP and to the Minister of Public
Safety. By so doing, the Commission's aim
is not punitive in nature, but rather seeks to
provide guidance to the member(s) as to
diminish the likelihood of such an incident
to reoccur.
There exist four general ways that the
Commission may impact policing practices
and promote RCMP accountability through
the reports it delivers.
The Commission may make
recommendations that:
- address members' individual
conduct;
- address members'
behaviour for an entire
detachment or unit;
- address deficiencies in a
divisional (provincial) policy;
and finally
- address a deficiency in an
RCMP-wide policy.
Accordingly, an individual complaint
may, if the facts and issues warrant such
a recommendation, result in a change
in RCMP policing practices for the entire
country.
This year the Commission prepared and
delivered 33 Interim Reports and received
49 Commissioner's Notices (responses to
Interim Reports) from the RCMP.
RCMP Agreement with CPC
Findings and Recommendations
The CPC observed a marked increase in the
number of findings and recommendations
that the Commissioner of the RCMP agreed
with. Of the amount of adverse findings
made, the Commissioner agreed with 75%
of them. Furthermore, he accepted 85% of
the CPC's recommendations.
An example involves a report prepared
regarding a perennial area of concern
for the CPC-the lack of clear RCMP
policy direction to its members regarding
appropriate responses to civil disputes.
Given the number of civil-related disputes
that result in calls to the RCMP, it is important
that relevant operational policy guidelines
be established to provide guidance to
members under these circumstances.
The Commission called for this to be done
on a priority basis. In his response, the
Commissioner agreed and advised that the
referenced policy has been drafted. The
CPC will follow up with the Commissioner on
this commitment.
Timeliness of Delivery of
Commissioner's Notices
In last year's Annual Report, the CPC
commented about the unreasonable
delays on the part of the RCMP in delivering
Commissioner's Notices in response to
the CPC's Interim Reports. In light of these
delays, the CPC urged the Commissioner
of the RCMP to allocate the necessary
human and financial resources to eliminate
the RCMP backlog of Commissioner
Notices within its current fiscal year. It
was highlighted that these unreasonable
delays not only undermine the right of
RCMP members and complainants to a
timely response, but also undermine the
credibility of the RCMP's commitment to
the public complaints process.
On February 2, 2009, the Commissioner of
the RCMP committed to working through
the backlog of Commissioner's Notices
and delivering all those outstanding from
2007 and 2008 by the end of March 2009.
The Commission is pleased to report that as
of March 31, 2009, the RCMP Commissioner
delivered on his commitment with only
two outstanding Commissioner's Notices
remaining from the previously identified
backlog. The Commission is hopeful that
this backlog and lengthy delays on the part
of the RCMP in delivering Commissioner's
Notices will not present themselves as
concerns in the future.
Final Reports
On January 1, 2008, the CPC implemented
a 30-day service standard for completing
FACNs after receiving a Commissioner's
Notice. In the past fiscal year, the
Commission delivered 42 FACNs to the
RCMP, 95% of which were within the
Commission's 30-day service standard.
A key component of having an effective
public complaints process is making sure
citizens are made aware of the process and
their rights therein. Therefore, community
outreach is a key objective of the CPC.
Although the CPC's national outreach
capability has been challenged by limited
resources, notable progress has been
made in the past year with key stakeholder
organizations that have embraced our
efforts to help increase awareness of the
Commission's role as an independent
civilian body which can review complaints
about the conduct of RCMP members.
Aboriginal Communities
Former Vice-Chair Brooke McNabb engages
an audience on the work of the CPC.
The CPC is pressing ahead with face to
face outreach engagements with the
National Association of Friendship Centres
(NAFC). The NAFC is a national Aboriginal
organization with 121 provincial and
territorial centres. The CPC attended
the annual NAFC conference in July
2008 to build upon the successful pilot
project conducted at four provincial
and two territorial friendship centres. The
Commission and the NAFC are working on
a joint program to engage all 121 centres
over the next two years by utilizing webbased
video conferencing technologies.
This initiative was commended
in this year's Canadian Multiculturalism
Act Annual Report. The CPC was one of 11 federal institutions cited as
having achieved notable success on the implementation of the Act by
creating new programs, policies and practices which address barriers to the
full participation of all Canadians.
Aboriginal court workers assist First Nations members involved in the criminal justice
system obtain fair, equitable and culturally sensitive treatment. The Aboriginal Court
Worker Program operates in every province and territory except New Brunswick
and Prince Edward Island. The CPC has engaged Aboriginal court workers in British Columbia, Saskatchewan and Manitoba. CPC information has also been sent to all Aboriginal court workers across the
country. Follow-ups have included invites for the CPC to speak at upcoming court
worker conferences.
The CPC has started liaising with Indian and Northern Affairs Canada, Aboriginal Elders
and women's groups, and First Nations media outlets in the North to further expand
awareness of the public complaints process. The CPC has also worked with the Federal Rural Exhibits Program to have our material included in their cross-Canada displays.
Of note, every courthouse in the Yukon, Northwest Territories, Nunavut and British
Columbia; every corrections office and correctional centre library in British
Columbia and town office in the Yukon has been provided with CPC information which explains the complaints process. In addition, the John Howard Society, Salvation Army Correctional Services and
Elizabeth Fry Society have been engaged by the CPC.
Canadian Mental Health Association
The CPC attended the annual Canadian Mental Health Association (CMHA) conference in Halifax and spoke with
delegates. Staff of the CPC are actively pursuing strong working relationships with
the executive of the CMHA and the CMHA enthusiastically embraced working with the CPC on future initiatives to make the public complaints process better known within the mental health community.
Recently Arrived Canadians
Given the cultural differences in how police
forces are perceived in other nations, the
CPC has made engagement of ethnocultural
groups and other organizations
assisting new Canadians a high priority.
Our Surrey office gave a presentation to 20 settlement workers with MOSAIC,
a multilingual organization dedicated to addressing issues that affect new
Canadians in the B.C. Lower Mainland. Our engagement with DIVERSECity Community
Resource Society, a large registered non-profit agency which offers a range
of services and programs to immigrant
and refugee communities, evolved into
a partnership which included a threehour
multi-cultural awareness workshop
for 28 RCMP members and 10 CPC staff.
DIVERSECity has also worked with the CPC to provide Chinese language interpreters.
The CPC has commenced engagement
with ethnic associations and will be
conducting a series of round tables across
the country throughout 2009.
Provincial and Territorial MLAs
All territorial MLAs were provided with
copies of the CPC's 2008 Annual Report.
MLAs in B.C. were provided with CPC
brochures. MLAs in every other province
were provided with CPC information via
email.
Municipality Associations
Given that the RCMP is the provincial
police force to eight provinces, more
than 200 municipalities and 600 First
Nation Communities, the importance of
engagement with provincial and territorial
municipality associations is paramount. The
CPC has established a relationship with the
Federation of Canadian Municipalities and
will be attending its annual conference
in June 2009. The CPC also attended the
Annual General Meeting of the Union of
Nova Scotia Municipalities in September
2008. It is the intent of the CPC to engage
all provincial and territorial municipality
associations in 2009.
Legal Aid Societies and
Organizations
The CPC has identified provincial and
territorial legal aid groups as vital in helping
ensure that more Canadians are made
aware of their rights and options under the
CPC complaints process.
Additionally, the CPC has commenced
outreach engagement with several
provincial groups and intends to establish
contacts with each provincial or territoriallevel
organization in 2009.
Provincial Policing Review
Organizations
In order to share best practices and other
synergies with provincial policing complaints
commissions, the CPC organized
two national conferences with provincial
counterparts in 2008. Both events were
highly successful and have established
extremely effective relationships which
benefit not only the CPC but also enhance
the effectiveness of provincial complaints
commissions. Given that all complaints
commissions ultimately share the same
goal of helping to build citizen confidence
in policing in their respective jurisdictions,
this federal-provincial cooperation will
continue to be steadily enhanced over the
coming year.
Oversight and Criminal Justice
Associations
The CPC continues to play a role in the
Canadian Association for Civilian Oversight
of Law Enforcement and attends the
Canadian Criminal Justice Association
Annual Conference. Additional venues
have been identified where we believe
outreach efforts could assist the CPC with
the goal of increasing awareness of our
role and the complaints process.
CPC Video
In order to enhance our outreach efforts
across the board, the CPC produced a
short in-house video to explain the work
of the CPC and the processes involved in
filing a complaint. Versions of the video will
be made available in multiple languages.
Outreach Audiences
Our principal target audiences for
our outreach efforts are First Nations
communities, Aboriginal Canadians in
general, newly-arrived immigrants and
other under-represented citizens who
for cultural, linguistic or literacy-related
reasons are less likely to avail themselves
of the public complaints process. The CPC
will continue to work with key organizations
that have regular interaction with these
groups to help increase awareness of a
citizen's right to file a complaint when
appropriate.
Program Integrity Funding
The Commission received continued
program integrity funding to support
its efforts to meet current mandate
requirements in the amount of $3.1M for
fiscal year 2009-2010. The funds will be used
to enhance the complaints and review
process (operations), communications and
outreach, and corporate services.
Organizational Developments
In terms of promoting management
excellence and a workplace of choice, the
Commission conducted its fourth annual
workplace survey. It also implemented a
Code of Conduct in recognition of the fact
that the CPC is a values-based organization
that requires employees to observe the
highest standards of professional ethics
and conduct. In October 2008, the Public
Service Commission published a follow-up
audit of the CPC which recognized the
concerted efforts made by the Commission
to strengthen its human resource
management framework, including its
staffing regime. The Commission also
took steps to modernize its document
management and correspondence
tracking systems. Work has begun on
revamping our case tracking system to
handle larger volumes and to provide for
better data collection and analysis.
Restoration and Maintenance
of Public Confidence in the
RCMP
The past several years have been
particularly difficult for the RCMP as an
institution and its individual members.
Criticisms have spared no person and have
been levied with equal vigour against all
ranks from Constable to Commissioner.
This phenomenon has caught many
people by surprise especially in light of the
deference normally afforded the iconic
institution whose storied past is interwoven
with the very fabric of Canadian history.
Spokespersons on behalf of the RCMP have
valiantly responded to these individual
crises in the expectation that with time,
these difficulties will pass and all will be as
it was. This I believe is a forlorn hope that
has merely delayed the implementation of
much needed change.
Over the years, the RCMP, as an institution,
has been largely spared expressions of
distrust that have occasionally washed
over the cornerstones of Canadian
society. One must confront the fact that
the seeds of distrust are built into the genes
of democracy and the arrival of its touch is
merely a question of time.
"The toughest thing
about the power
of trust is that it's
difficult to build and
easy to destroy."
Thomas J. Watson
There is currently a perception that a trust
deficit has grown, as police resources,
practices and powers have increased in
response to a more challenging public
safety environment both domestically and
internationally.
That trust deficit can be eliminated by
increasing transparency and accountability
of RCMP activities by means of an
enhanced regime for civilian review of
RCMP activities. Failure to address this issue
increases the risk that distrust will become
the dominant characteristic of the publicpolice
discourse. The RCMP, its members
and all Canadians deserve better.
Commission for Public Complaints Against the RCMP Budget and Expenditures
* The Chair can initiate his own complaint. In addition, at any stage of the process, the Chair may institute an investigation or a hearing where he considers it advisable in the public interest.
1 Charles Haddon Spurgeon
2 The Commission Chair may also, at any step of the public complaints process, initiate a complaint if he
believes it is reasonable in the circumstances to do so.