Chair's Final Report After Commissioner's Notice – Incident Related to Improper Arrest, Neglect of Duty and Improper Attitude
RCMP Act Subsection 45.46(3)
Vetted version for posting
November 10, 2008
The Complaint
On September 12, 2005, the complainant, Mr. A, filed a complaint concerning the conduct of Constables B, C and an unidentified female member of the Melfort RCMP Detachment in Saskatchewan. His complaint essentially alleged that Constables B and C improperly arrested him without a warrant and conducted an inadequate investigation and that an unidentified female RCMP member displayed an improper attitude.
The RCMP's Notice of Direction
After examining the complaint, the RCMP provided Mr. A with a notice of direction dated December 23, 2005, which explained that, pursuant to paragraph 45.36(5)(c) of the RCMP Act, the RCMP had decided that the investigation was not reasonably practicable without Mr. A's cooperation, as Mr. A had failed to contact the public complaint investigator as requested. The notice of direction indicated that the investigation was being terminated pursuant to the aforementioned paragraph.
Mr. A was not satisfied with the RCMP's decision not to investigate his complaint. On December 6, 2007, he requested a review by this Commission. The Commission received the relevant materials regarding this matter from the RCMP on December 21, 2007.
The Commission's Review and Interim Report
On February 29, 2008, the Vice-Chair in his Interim Report concluded that the RCMP's decision to terminate the public complaint investigation was not reasonable. The Vice-Chair concluded that the RCMP could have reasonably conducted an adequate public complaint investigation, without the cooperation of the complainant given the ample information that Mr. A had provided to the Commission, and which was provided to the RCMP. Mr. A sufficiently set out his position in his materials; therefore, eliciting further information from him was not crucial to the investigation. The Vice-Chair recommended that the RCMP investigate Mr. A's public complaint.
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 finding and recommendation contained in the Vice-Chair's Interim Report.
On November 6, 2008, the Commission received the Commissioner's Notice. The Commissioner agreed with the Vice-Chair's finding and recommendation.
The Commission's Finding and Recommendation
Finding: It was not reasonable for the RCMP to terminate the public complaint investigation pursuant to paragraph 45.36(5)(c) of the RCMP Act.
Recommendation: That the RCMP investigate this public complaint.
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