Chair's Final Report After Commissioner's Notice – Incident Related to Neglect of Duty and Improper Attitude
RCMP Act Subsection 45.46(3)
Vetted version for posting
November 5, 2008
The Complaint
On March 24, 2006, following a roadside check by the RCMP, Mr. A, who was driving a commercial transport vehicle, was given a violation ticket for failure to maintain a driver's daily log.1 Based on the available documentation, it would appear that Sergeant B, NCO in Charge, North District Traffic Services, Prince George, wrote a form letter, dated May 2, 2006, to the registered owner of the licence plate that was noted on the March 24, 2006 violation ticket.2 The form letter was issued pursuant to the Project Inform Program, one developed in the Peace Region of British Columbia and forming one of the partnerships between several institutions in the area. The objective of the program was "to make registered owners of commercial vehicles aware of the provincial offences committed involving their vehicles on the roadways in British Columbia."
Although there was no mention of Mr. A's name in the May 2, 2006 letter, it would appear that the company advised Mr. A both of the letter and its contents. Based on the available documentation, it would appear that on March 24, 2006, Mr. A was no longer an employee of Heyl Truck Lines Inc. and that he had returned the licence plate to the company several months before the incident. Moreover, it would appear that on March 24, 2006, Mr. A was driving a commercial vehicle belonging to another operator3 and carrying a different licence plate number. Based on the available documentation, it would appear that Mr. A provided the RCMP member4 at the roadside stop a permit book containing the relevant information about the truck he was driving but it also contained an Alberta Truck & Trailer Inspection Certificate5 for the truck he had been driving, i.e. the one owned by Truck Corp., in 2005.
On July 12, 2006, Mr. A wrote both to the Commission and to the RCMP about the March 24, 2006 incident. The Commission sent the formal complaint to the RCMP on August 1, 2006. Mr. A stated that he would deal with the alleged infraction as set out in the violation ticket in court. However, he stated that the RCMP wrote the May 2, 2006 letter to his previous employer, which he felt violated his privacy. He complained that the RCMP was "attacking [his] work history" and wondered what was the purpose "for writing such a suggestive letter, to an employer [he is] no longer with, other than to be malicious."
The RCMP's Final Report
On January 22, 2007, the RCMP issued a letter of disposition to Mr. A, which partially supported the complainant's allegations. The Commission received Mr. A's request for review on April 24, 2007. The Commission received the materials related to this complaint from the RCMP on October 15, 2007.
The Commission's Review and Interim Report
On December 18, 2007, I concluded in my Interim Report that Constable C prepared a violation ticket containing erroneous facts as to the ownership and licence plate of the vehicle driven by Mr. A. I recommended that Constable C be reminded of the importance of properly recording facts related to an alleged infraction, and I proposed that the RCMP consider apologizing to Mr. A for the errors committed by Constable C. As for Mr. A's second allegation, I found that it was unsubstantiated, as it related to Sergeant B conducting himself improperly in writing and sending a letter to Mr. A on May 2, 2006.
The Commissioner's Notice
Pursuant to subsection 45.46(2) of the RCMP Act, the Commissioner is required to provide written notification of any further action that has been or will be taken in light of the findings and recommendations contained in my Interim Report.
On October 7, 2008, the Commission received the Commissioner's Notice. The Commissioner agreed with my findings and recommendations.
The Commission's Findings and Recommendations
Findings
- 1) Constable C prepared a violation ticket on March 24, 2006 that was incorrect on its face with respect to the ownership and licence plate of the vehicle driven at that time by Mr. A.
- 2) The allegation that Sergeant B displayed improper conduct in writing and sending the letter of May 2, 2006 is not substantiated.
Recommendations
- 1) That Constable C's supervisor take the appropriate corrective action, if it has not already been taken, to ensure that the member is cognizant of the need to properly record facts related to an alleged infraction.
- 2) That the RCMP consider providing an apology to Mr. A for the errors on the violation ticket, which resulted in the form letter pursuant to the Project Inform Program being sent to the incorrect party, i.e. a prior employer.
Pursuant to subsection 45.46(3) of the RCMP Act, I respectfully submit my Final Report and, accordingly, the Commission's mandate in this matter is ended.
_____________________
Paul E. Kennedy
Chair
1 Pursuant to subsection 37.16(2) of the British Columbia Motor Vehicle Act Regulations.
2 Truck Corp., Calgary, Alberta.
3 Carriers Corp., with offices, apparently, in both Green Bay, Wisconsin and Gary, Indiana.
4 Constable C, Prince George, Integrated Road Safety Unit.
5 The available documentation contains only part of the certificate.