Chair's Final Report After Commissioner's Notice – Incident Related to Service, Improper Search of Premises, Oppressive Conduct and Improper Arrest
RCMP Act Subsection 45.46(3)
Vetted version for posting
February 29, 2009
The Complaint
On August 30, 2005, Constable B and Corporal C of a municipal RCMP detachment in Alberta attended Mr. A's place of work. The officers detained Mr. A and transported him to the RCMP detachment. When Mr. A would not enter the detachment building, Constable B arrested him without a warrant for the offence of mischief in relation to an incident that had occurred the evening before at the RCMP Police Dog Service Training Centre. Mr. A was detained for several hours in the RCMP holding cells and then released without charges. During the time he was detained in the cells, Constable B attended Mr. A's home where Mrs. A showed him the complainant's firearms and a dagger, which the member seized.
On November 16, 2006, Mr. A lodged a complaint with the Commission essentially alleging that Constable B and Corporal C failed to take complaints he had attempted to make; searched his house without authority; made threats against him; unfairly confined him; and came into his place of work to belittle him.
The RCMP's Final Report
The RCMP provided Mr. A with a Final Report dated March 8, 2007. In it the RCMP did not support any of Mr. A's allegations, which were as follows: (1) Constable B and Corporal C failed to take the complaints Mr. A attempted to make; (2) Constable B searched Mr. A's residence without authority; (3) Constable B and Corporal C threatened Mr. A during the arrest; (4) Constable B and Corporal C confined Mr. A unfairly; and (5) Constable B and Corporal C attended Mr. A's place of work and belittled him in front of his work colleagues.
Mr. A was not satisfied with the RCMP's disposition of his complaint and on October 23, 2007, he asked the Commission to review his complaint. The Commission received the investigation documents from the RCMP on December 12, 2007.
The Commission's Review and Interim Report
On February 5, 2008, I provided a copy of my Interim Report to the Commissioner and the Minister, in which I found the following:
- Constable B and Corporal C did not fail to take complaints from Mr. A.
- Constable B did not unlawfully search Mr. A's home.
- Constable B and Corporal C did not threaten Mr. A.
- Constable B abused his power by improperly arresting and detaining Mr. A for mischief.
- Constable B and Corporal C should not have attended Mr. A's place of work; however, they did not purposely belittle him.
In light of the fourth finding, I recommended that Constable B, or if he was unwilling, that his Commanding Officer, apologize to Mr. A for the improper arrest and detention. I also recommended that Constable B receive operational guidance relating to the Criminal Code provisions for arrest and mischief.
In my interim report I made a comment relating to the fact that Sergeant D, who signed the Commissioner's Final Report, had played a minor role in the initial incident. I noted that his involvement should have raised concerns for the RCMP in terms of having him sign the Final Report on behalf of the Commissioner. In my view, his involvement raised the perception of bias and lack of impartiality in terms of Mr. A's public complaint, regardless of the fact that the public complaint investigator may have been independent.
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 January 22, 2009, the Commission received the Commissioner's Notice. I am pleased to report that the Commissioner agreed with my findings and recommendations. The Commissioner noted that he will direct that Constable B, or if he is unwilling, that his Commanding Officer, apologize to Mr. A for the improper arrest and detention. The Commissioner also indicated that Constable B will receive operational guidance relating to the Criminal Code provisions for arrest and mischief.
The Commissioner stated that he also agreed with my comment concerning Sergeant D's role in the incident and that given his previous, although limited, involvement he should not have signed the Final Report on behalf of the Commissioner. In this regard the Commissioner noted that he will instruct the Commanding Officer of the division to provide guidance on this issue to Sergeant D.
The Commissioner also expressed some concerns about the severity of the language used in my interim report with respect to Constable B. The Commissioner is of the view that the language used seems to be disproportionate to Constable B's actions. I have reviewed my interim report in light of this. My view is that Constable B's conduct was most improper under the circumstances. Therefore, I maintain my wording regarding the conduct of Constable B.
The Commission's Findings and Recommendations
Findings:
- Constable B and Corporal C did not fail to take complaints from Mr. A.
- Constable B did not unlawfully search Mr. A's home.
- Constable B and Corporal C did not threaten Mr. A.
- Constable B abused his power by improperly arresting and detaining Mr. A for mischief.
- Constable B and Corporal C should not have attended Mr. A's place of work; however, they did not purposely belittle him.
Recommendations:
- I recommend that Constable B, or if he is unwilling, that his Commanding Officer, apologize to Mr. A for the improper arrest and detention.
- I recommend that Constable B receive operational guidance relating to the Criminal Code provisions for arrest and mischief.
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.
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Paul E. Kennedy
Chair