Chair's Final Report After Commissioner's Notice – Incident Related to Neglect of Duty
RCMP Act Subsection 45.46(3)
Vetted version for posting
September 24, 2009
The Complaint
On February 29, 2008, Mr. A was arrested at his home pursuant to an unendorsed warrant and his firearms were seized. The warrant was based on a charge laid after an investigation undertaken by Constable B in response to a complaint made by C. F. and G. F. of being followed, videotaped and harassed by Mr. A. Constable D and several other officers assisted Constable B in the arrest. Mr. A denies the allegations and claims that C. F. and G. F. are stalking him as part of Citizens on Patrol, an organization of community volunteers who patrol designated areas to observe any possible criminal activity, who he believes are out to get him.
On March 11, 2008, Mr. A complained to the Commission for Public Complaints Against the RCMP (the Commission) about the conduct of Constable B. In his complaint, he alleged that Constable B failed to conduct an adequate investigation prior to arresting him, failed to provide him with adequate medical care while he was in police custody, and held him in custody longer than was necessary.
On June 16, 2008, Mr. A complained to the Commission about the conduct of Constable D. In his complaint, which was amended on July 29, 2008, he alleges that Constable D improperly used his handcuffs by handcuffing Mr. A behind his back despite having been told about pre-existing injuries to Mr. A's shoulder, which caused him further pain and injury.
The RCMP's Final Report
Following its investigation, the RCMP provided Mr. A with a letter of disposition dated September 12, 2008, which did not support his allegations. The Commission received Mr. A's request for review on October 14, 2008, and it received the material related to this complaint from the RCMP on January 9, 2009.
The Commission's Review and Interim Report
On February 5, 2009, I concluded in my Interim Report that Mr. A was not provided with adequate medical care while he was in the custody of the RCMP. I recommended that both RCMP members and relevant civilian staff at the Oceanside RCMP Detachment receive operational guidance relating to the provision of medical care and treatment for prisoners. I also recommended that the RCMP apologize to Mr. A for failing to provide him with adequate medical care. With respect to Mr. A's remaining allegations, I concluded that I was satisfied with their disposition by the RCMP.
I also concluded that the RCMP's letter of disposition failed to meet the requirements for writing a response to a public complaint set out in the RCMP Act and in RCMP policy. I recommended that the Officer in Charge of the Oceanside RCMP Detachment consult the RCMP Act and the RCMP's National Internal Investigation Guidebook to obtain guidance on how to write sufficiently detailed letters in response to public complaints.
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 September 14, 2009, the Commission received the Commissioner's Notice. The Commissioner agreed with my findings where I agreed with the RCMP's disposition of the complaint. The Commissioner also agreed with my finding and recommendation with respect to the sufficiency of the RCMP's Final Report, and stated that he would direct that the Officer in Charge of the Oceanside RCMP Detachment consult the RCMP Act and the RCMP's National Internal Investigation Guidebook to obtain guidance on how to write sufficiently detailed letters in response to public complaints.
With respect to the adequacy of Mr. A's medical care, the Commissioner indicated that he agreed in part with my finding and analysis. While the Commissioner did not expressly agree with my finding that Mr. A did not receive adequate medical care, he agreed that the onus was on the RCMP to prove that the medical care given was administered properly; that there was no basis of information to determine if in fact the medications were administered properly or not; that the public complaint investigation should have indicated what dosage of each medication was required, and at what time intervals; and that that information should have been recorded on the Prisoner Report form, in accordance with RCMP policy. The Commissioner indicated that he will direct that an apology be given to Mr. A for failing to ensure that his physician's instructions were documented and for failing to meticulously record/respond to specific complaints from people in their custody as it relates to their state of health.
With respect, I reiterate my findings and recommendations.
The Commission's Findings and Recommendations
Findings
- Constable B's investigation of the allegations against Mr. A was proper and adequate in the circumstances.
- The RCMP failed to provide Mr. A with adequate medical care.
- The RCMP did not hold Mr. A in custody longer than necessary.
- Constable D did not improperly use his handcuffs on Mr. A.
- The RCMP's letter of disposition failed to meet the requirements for writing a response to a public complaint set out in the RCMP Act and in RCMP policy.
Recommendations
- I recommend that both RCMP members and relevant civilian staff at the Oceanside RCMP Detachment receive operational guidance relating to the provision of medical care and treatment for prisoners.
- I recommend that the RCMP apologize to Mr. A for failing to provide him with adequate medical care.
- I recommend that the Officer in Charge of the Oceanside RCMP Detachment consult the RCMP Act and the RCMP's National Internal Investigation Guidebook to obtain guidance on how to write sufficiently detailed letters in response to public complaints.
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