APEC – Commission Interim Report
The Royal Canadian Mounted Police Public Complaints Commission was established by the Royal Canadian Mounted Police Act, section 45.29(1). As of January 1, 2001, the Commission's name has been changed to the Commission for Public Complaints Against the RCMP. The name change was meant to clarify to the public that the Commission is not part of the RCMP but is an independent body. Any member of the public, whether directly affected or not, may lodge a complaint about the conduct of an RCMP officer. If the Commission Chair considers it would be in the public interest to do so, the Chair may institute a hearing into such a complaint. The relevant sections of the RCMP Act are set out in Appendix I to this report.
2.1. This Inquiry
After the APEC conference, 52 complaints were filed with the Commission, all relating to events that took place at the UBC campus and the Richmond RCMP detachment on November 25 or the days immediately preceding.
On December 9, 1997, the Commission Chair initiated an investigation into the complaints. As a result of that investigation, on February 20, 1998 she instituted a hearing pursuant to section 45.43(1) of the RCMP Act and a three-member panel was charged with hearing the complaints. A hearing began on April 14, 1998 but was discontinued in December 1998 after the panel members resigned.
As an Alternate Member of the Commission, I was assigned on December 21, 1998 to conduct this inquiry.
2.2. Terms of Reference
I was assigned by the Commission Chair:
...to inquire into all matters touching upon these complaints, to hear all evidence relevant thereto, to ensure a full and fair hearing in respect of these complaints and to report at the conclusion of the hearing such findings of fact and recommendations as are warranted, and, without limiting the generality of the foregoing, to inquire into and to report on:
- the events that took place during, or in connection with, demonstrations during the Asia Pacific Economic Cooperation ("APEC") Conference in Vancouver, B.C. between November 23 and 27, 1997 on or near the UBC Campus and subsequently at the UBC and Richmond Detachments of the RCMP;
- whether the conduct of members of the RCMP involved in the events was appropriate to the circumstances;
- whether the conduct of members of the RCMP involved in the events was consistent with respect for the Fundamental Freedoms guaranteed by section 2 of the Canadian Charter of Rights and Freedoms.
2.3. The Hearing
Except in unusual circumstances, a Commission hearing is to be held in public. All sessions of this hearing in fact were held in public. Both the complainant and the RCMP member whose conduct is complained of are to have full opportunity, whether in person or by counsel, to present evidence, cross-examine witnesses and make representations.
The first witness began testifying on March 23, 1999 and the hearing concluded on June 30, 2000. In all, the hearing occupied 170 days during which 153 witnesses were heard and 710 exhibits were received in evidence. The transcript of the testimony comprises more than 40,000 pages. The evidence of Deputy Commissioner Larry Proke was received by affidavit.
The witnesses are listed in Appendix II to this report.
2.4. This Report
This report is one step in the process that has been established for dealing with public complaints about RCMP conduct. The RCMP Act provides for these steps:
- I am directed to report in writing to the Solicitor General of Canada and the Commissioner of the RCMP such findings and recommendations as I see fit. (section 45.45(14))
- The Commissioner of the RCMP will review the complaints in light of my report and notify the Solicitor General and the Commission Chair of any further action that has been taken, or will be taken, with respect to the complaints. If the Commissioner decides not to act on any of my findings or recommendations, he must include reasons for not acting. (sections 45.46(1) and (2))
- The Commission Chair will then prepare a final report setting out such findings and recommendations with respect to the complaints as she sees fit. That report will be sent to the Solicitor General, the Commissioner of the RCMP, the members whose conduct is complained of, and the complainants. (section 45.46(3))
My jurisdiction is limited by the RCMP Act to making "findings" and "recommendations." This Commission has no power to determine either civil or criminal liability on the part of anyone. This issue was addressed by the Supreme Court of Canada in the Krever case: Canada (Attorney General) v. Canada (Commissioner of Inquiry on the Blood System) (1997), 48 Admin. L.R. (2d) 1.
In accordance with the Krever decision, I emphasize that the findings and recommendations made in this report cannot be taken as legal findings of criminal or civil liability.