Year End Review
December 2009
Introduction
As the calendar year draws to a close, it is important to take stock of the Commission's
activities for the past nine months. Much has been accomplished to help promote
"excellence in policing through accountability" and assist the RCMP to attain its vision as
an adaptive, accountable and trusted organization.
CPC
OPERATIONS
Chair-Initiated Complaints and Public Interest Investigations
The RCMP Act gives
the Chair of the Commission the power to launch complaints and investigations on
his own initiative when he believes they are in the public interest. During
the 2008–2009 year, the Chair launched several new complaints and investigations,
and saw a number of others reach their conclusion. Notably, these included
in-custody deaths, firearm and Conducted Energy Weapon (CEW)-related
incidents, and politically sensitive investigations.
Police Investigating Police
The Commission is frequently faced with allegations regarding the impropriety of
police officers investigating other officers who are accused of serious misconduct.
To that end, the Chair initiated a complaint and public interest investigation
to examine the issue. The final report included a number of recommendations
regarding procedural changes designed to reinforce best practices in such situations
and the potential creation of dedicated investigation units. The Chair called
for immediate action on the part of the
RCMP to ensure that serious member-involved incidents are no longer
investigated by the RCMP
itself but rather by external agencies.
In-Custody Deaths
Put simply, deaths are classified as being "in-custody" when they occur
proximal to contact with the police. As this continues to be an area of fundamental
concern to the public, the
CPC launched (Chair-initiated) complaints and investigations into
several such incidents this past year.
These include the June 2008 death of Cheryl Anne Bouey, who after
being arrested by the RCMP
in Prince George, B.C., later died after being found unresponsive in her cell. The
Chair asked whether RCMP
policies regarding the proper care and safety of persons detained in cells are adequate.
The 2008 shooting death of Christopher Klim, following RCMP response to a mental health
complaint, is also currently being investigated pursuant to a Chair-initiated complaint,
particularly in light of concerns regarding persons being apprehended under mental
health legislation. Unfortunately, the
RCMP-led investigation into the Chair's complaint has been marred
by unacceptable delays. These concerns have
been raised with the RCMP.
In December 2008, Raymond Silverfox of Whitehorse, Yukon went into
medical distress in RCMP
cells after being detained and subsequently died. The Chair initiated a complaint
focused on policies regarding access to medical treatment for persons detained in
RCMP custody, particularly
when alcohol consumption is a factor. The
RCMP investigation is complete, and the Commission is awaiting the
final report, expected early in 2010.
Firearm and CEW-related Incidents
Incidents involving both traditional firearms and
CEWs which result in death are generally considered as being deaths
in custody, but involve particular issues of training and the use of force. Those
issues also play a role in incidents where no death occurs.
The particular issues at play in deaths which occur subsequent to the use of CEWs prompted a Chair-initiated complaint
and public interest investigation in January 2009 regarding in-custody deaths
proximal to CEW use,
aimed at examining relevant incidents between 2001 and 2009 to identify systemic
issues. The Commission's investigation is ongoing.
Both as part of the investigation into deaths proximal to
CEW use and on its own merit, the 2003 arrest of Clay Alvin Willey,
the deployment of the TASER® and his subsequent death are the subjects of a
Chair-initiated complaint and investigation. The Chair took action in respect
of this incident upon request of the Solicitor General of British Columbia on behalf
of the residents of that province. The complaint and investigation focus on
the police investigation into the death and the treatment of evidence relating thereto.
A senior, former non-RCMP
police officer has been retained by the Commission to conduct the investigation
into this matter.
The Chair initiated a complaint and public interest investigation into the death
of Kevin St. Arnaud, who was shot by an
RCMP member while fleeing following a break-in at a local pharmacy.
The Chair found several deficiencies on the part of members first on the scene
and those who conducted the related criminal investigation. The Chair urged
the RCMP to strengthen
its procedures relating to use of force experts, suggested best practices for primary
investigators involved in investigating police conduct, recommended the implementation
of policy to provide direction to on-scene members in major cases involving the
investigation of police conduct, and clarify Major Case Management policy. The
RCMP Commissioner accepted
the Commission's recommendations and noted that the relevant policies were
in the process of being developed or reviewed. The Commission continues to
monitor the RCMP's
actions in this regard.
The death of Robert Dziekanski in October 2007 at the Vancouver
International Airport also prompted the Chair to initiate a complaint and public
interest investigation. In the report which followed the public interest investigation,
the Chair made 23 findings and 16 recommendations aimed at improving
RCMP training, policies and procedures in this area so that such tragedies
do not occur in the future. While the
RCMP Commissioner did not provide a formal response, he did note that
the RCMP is making progress
in the development and refinement of its CEW
policies.
The Chair initiated a complaint and public interest investigation into the November
2007 death of Robert Knipstrom, an individual who was subjected
to hand techniques as well as the application of oleoresin capsicum (OC)
spray, a TASER® and a baton. He subsequently died in hospital. The
Commission completed its investigation into this matter on November 24, 2009 and
provided its report to the RCMP.
The Commission is awaiting the
RCMP Commissioner's response.
Finally, the September 2009 shooting death of Valeri George in
Fort St. John, BC, also prompted a Chair-initiated complaint. Mr. George was
shot by RCMP Emergency
Response Team (ERT) members as
he fled his home several days after allegedly shooting at a vehicle containing his
spouse and children. The Chair's complaint is particularly concerned
with the use of force by the RCMP
ERTs. The investigation
is ongoing.
Chair-initiated complaints and investigations in this area do not always involve
deaths. The
CPC report following a complaint and investigation into a March 2007
incident in which an RCMP
member deployed the TASER® on an unruly teenaged female at the Arctic Tern
Young Offenders Facility in Inuvik, N.W.T., found no justification
for the use of the weapon on the juvenile. The Chair made recommendations
relating to CEW policy as well
as commenting on systemic issues and the need for a broad review of the handling
of public complaints in the North. The
RCMP Commissioner agreed with the majority of the Chair's findings
and recommendations.
Politically Sensitive Investigations
The Commission's 2008 report into the
RCMP's disclosure of its investigation into the Income Trust
leak addressed concerns regarding politically sensitive investigations. Similarly,
the Chair launched a public interest investigation into allegations that RCMP members failed to adequately
investigate the alleged surreptitious and illegal taping of a national political
party caucus meeting. The Commission's investigation is
ongoing.
Special Reports
As it had previously, the Commission reviewed the
RCMP's Use of the Conducted Energy Weapon as well as
its Public Complaint Records for the 2008 calendar year. With respect to the
CEW, the Commission's review
revealed that TASER® use had shifted towards being used as a deterrent and push-stun/probe
mode use had significantly decreased (by 30%). Concerns regarding TASER®
use as it relates to youth and those with mental health issues continue. In
February 2010, the Commission will be publicly releasing its review of the RCMP's use of the TASER®
for the 2009 calendar year.
The Commission's Review of the Record report for 2008 called
for previous recommendations to be implemented by the
RCMP, that complaints be tracked more effectively, and that policies
regarding complaint withdrawal and informal resolution be clarified. This
report is an important management tool in identifying areas requiring particular
attention to enhance client service delivery.
Notable Reviews and Further Investigations
This year, the Commission's reviews and further investigations dealt with
such varied issues as the provision of information to foreign law enforcement bodies,
criminal investigation quality, and the use of force. Listed below are a number
of notable matters investigated by the Commission this year. It should be
noted that in some cases the RCMP
has responded to the Commission's recommendations and that such responses
are addressed in the section "Recommendations Awaiting Implementation"
found below.
With respect to the provision of evidence, in one instance, the
RCMP provided items seized from the complainant, who was arrested
pursuant to an immigration warrant, to US authorities. The Commission decried
such a practice as inconsistent with the Mutual Legal Assistance in Criminal Matters
Act and recommended the amendment of
RCMP policy to address such issues.
In the area of criminal investigation quality, one review was requested by the parents
of a woman who was shot in her home and died after being found by a neighbour four
days later.
The RCMP had been called
to the area on the night of the shooting, and the Commission found that the attending
members failed to properly investigate a report that shots had been fired.
With respect to the use of force by RCMP
members, in one instance, after trying to choke himself, a complainant detained
in cells was left naked in his cell, where he was subject to the TASER®, hit
his head purposely on a toilet seat and was subsequently placed in a restraint chair
for over two hours. The Commission concluded that the length of time in the
restraint chair was excessive.
In another review involving the use of force, an individual stole a large commercial
truck and led RCMP members
in a dangerous vehicle pursuit down major roads and highways during the early morning
rush hour. While fleeing the stolen vehicle, the individual was hit by an
RCMP police dog service
vehicle. The Commission concluded that while the pursuit was appropriate,
review of the policy should be undertaken to ensure that safety concerns are addressed.
In a third review, RCMP
members attempted a covert takedown resulting in injury to the complainant, who
was wrongly identified as a suspect. The Commission found that the members,
who were in plain clothes, had failed to identify themselves and had carried out
an improper arrest. It also recommended the review of
RCMP policy regarding the identification of undercover officers.
In another review, RCMP
members decided to lodge a man appearing fairly intoxicated in cells until sober.
The man went to sleep once in cells but it was later observed that he was
not breathing and had no pulse, and he died shortly thereafter. The Commission
concluded that the deceased had not been monitored in full compliance with policy.
Recommendations Awaiting Implementation
The Commission provides the RCMP
with its adverse findings, and recommendations to address those findings. The
Commission monitors and makes public its recommendations, and has undertaken to
seek updates from the RCMP
at six-month intervals, as well as correlating Commission findings and recommendations
with the Commissioner's responses in order to determine the overall impact
of those findings and recommendations.
There are currently several policy-related recommendations that, while progress
has been made, have not yet been implemented by the
RCMP. These include:
- a policy on sensitive investigations, for which a draft is being developed;
- policies regarding members' duty to account, a draft of which has been prepared
and Commission comments provided;
- a policy on conducted energy weapons, for which a draft has been prepared
and provided to the Commission;
- a policy on external investigations, a draft of which has been prepared and Commission
comments provided;
- a policy relating to RCMP
members properly identifying themselves in undercover investigations; a policy dealing
with requests for exhibits consistent with the Mutual Legal Assistance in Criminal
Matters Act, for which draft policy has been prepared for approval; and
- a policy regarding civil disputes to which the police have been called. The
RCMP has undertaken to
provide the CPC
with copies of the finalized policies described.
A recurring area of concern continues to be the lack of adequate notes being taken
by RCMP members involved
in incidents subject to complaints. The absence of thorough and contemporaneous
note taking by members hampers the Commission's ability to review incidents
and is an area that the RCMP
Commissioner agrees ought to be improved.
Service Standards
A major challenge for the Commission had been a chronic and growing backlog of review
cases. Lengthy delays were eroding the credibility of the Commission and severely
restricting its capacity to exercise the review and investigative powers established
by Parliament. There were 363 review cases in the Commission's inventory in
November 2005. With the appointment of a new Commission Chair and Vice-Chair
in October 2005, eliminating the backlog became a priority and continued to top
the Commission's priority list throughout 2006–2007. In the 14 months
between November 1, 2005, and December 31, 2006, the Commission processed about
490 reviews, eliminating its case backlog for the first time in more than 15 years.
To prevent the recurrence of the backlog, the
CPC implemented performance-based service standards for each step
of the complaint and review process. Although both the number of complaints
initiated with the
CPC and the number of reviews requested by complainants has increased
substantially, the
CPC has consistently met its performance targets for all of these
service standards. In addition, the
CPC has improved its systems for the tracking of work done by both
the CPC
and the RCMP throughout
the public complaints process. These improvements have enhanced the ability
of complainants, RCMP members
and Canadians to hold the
CPC and the RCMP
accountable for a timely response to public complaints.
Independent Observer Program (IOP)
This innovative program, which sees Commission staff observing and assessing the
impartiality of the investigations conducted by the
RCMP in British Columbia ("E" Division) and the Yukon
("M" Division) involving high-profile and serious incidents such as
in-custody deaths, was engaged a total of seven (7) times to date this fiscal year.
The IOP is aimed at
enhancing public confidence in RCMP-led
investigations into its own members with respect to the impartiality of the RCMP team conducting the investigation.
Parliamentary Committees
The Chair appeared before the Standing Committee on National Security and Defence
in May 2009. He discussed the need to enhance the existing external review
mechanism for the RCMP
and the specific powers that would enable the review body to better respond to the
concerns of Canadians, including the need for an audit power which is key to identifying
issues before they become problems, as well as serving as a deterrent.
Stakeholder Engagement/Community Outreach
One of the main goals of the Commission over the past few years has been to become
more adept at outreach efforts, whether to local governments, aboriginal community
leaders, or provincial/international oversight bodies all of which have a role to
play in promoting more accountability from law enforcement and facilitating a dialogue
with the citizen to inspire greater confidence in the police.
To that end, the Commission participated in the annual conferences of the National
Association of (Aboriginal) Friendship Centres, the Canadian Association of Police
Boards, the Federation of Canadian Municipalities, the Union of
BC Municipalities, the Alberta Association of Urban Municipalities
and the Saskatchewan Association of Rural Municipalities to explain the mandate
of the Commission and the services that the
CPC provides. In November 2009, representatives of the Commission
undertook a series of meetings with mayors of BC
municipalities policed by the RCMP,
including Richmond, Surrey, Maple Ridge, Pitt Meadows, Chilliwack, Langley, North
Vancouver, Coquitlam and Prince George. The
CPC also met with officials from the Native Women's Association
of the Northwest Territories and held a workshop at the Yellowknife Tree of Life
Friendship Centre. Overall, there was a high degree of interest in the work
of the Commission, complaint trends, and the enhancement of police accountability.
As part of its outreach program, the
CPC created a short video using its staff to explain the Commission's
role, intake and appeals processes and how to access its services. This tool
is available on the
CPC's website which has been updated to be more user-friendly.
In December 2009, in collaboration with the National Association of Friendship Centres,
the CPC
produced a companion video, using staff from both organizations, to explain the
complaint process in more detail. The video is specifically designed for aboriginal
audiences and should be available for distribution early in the new year.
One of the initiatives sponsored by the Commission was to create a forum of heads
of police review bodies across Canada to meet annually to share best practices,
identify emerging issues and enhance working relationships. This is a practitioner's
forum offering practical advice, strategies and information on the civilian oversight
of police touching on criminal, complaints and disciplinary processes. The
fall 2009 session covered such issues as the need for protocols for complaints flowing
from the 2010 Olympics, police interaction with aboriginals, and the importance
of effective communications.
On the international front, the Commission met with counterparts at the UK Independent
Police Complaints Commission in the fall of 2009, as well as the Home Office and
the Professional Standard Directorate of the Metropolitan London Police. CPC representatives
presented at the Australian Public Sector Anti-Corruption Conference 2009 and were
subsequently invited to share best practices with the New Zealand Independent Police
Conduct Authority. Commission staff also made presentations at the annual
conferences of both the National Association for Civilian Oversight of Law Enforcement
and the Canadian Association of Civilian Oversight of Law Enforcement. In
addition, the Chair of the Commission spoke at the following events:
- The Defence Counsel Association of Ottawa Conference
- The Canadian Criminal Justice Association Congress
- The Ottawa Roundtable on Security and Intelligence
- A Forum co-sponsored by Simon Fraser University and the Ministry of Public Safety
and Solicitor General on Investigation Complaints Against the Police: Models, Options
and Issues
- The Annual Meeting of the Canadian Association of Police Boards
Conclusion
The goal of the Commission is to provide civilian review of
RCMP members' conduct in performing their policing duties so
as to hold the RCMP accountable
to the public.
The additional funding that the government has provided to the
CPC over the past few years over and above its base budget of $5.2
million has permitted the organization to fully realize its existing mandate. We have
been able to reach out to marginalized communities, improve our processing times,
identify and make recommendations in relation to systemic issues and attract committed
individuals to the organization who believe in making a difference for the Canadian
public. Our hope is that the momentum will continue into the new year
and beyond.