Chair's Final Report After Commissioner's Notice – Incident Related to Improper Attitude

RCMP Act Subsection 45.46(3)

Vetted version for posting

September 9, 2009

The Complaint

On January 31, 2008, Ms. A called the Lower Sackville, Nova Scotia non-emergency police line to advise that her father, from whom she is estranged, had just left her residence. Ms. A was upset and requesting police assistance. The request for service was forwarded to Constable B and Constable C of the Cole Harbour RCMP Detachment, who in turn called Ms. A while en route to her residence. During this telephone conversation Ms. A became upset with Constable B and terminated the call. The members arrived at Ms. A's residence and the interaction between her and Constables B and C continued to decline. Ultimately, Ms. A called 911 and was subsequently issued a summary offence ticket by Constable C for misusing the 911 emergency service.

On February 5, 2008, Ms. A complained to the RCMP regarding the conduct of Constables B and C. The complainant essentially alleged that the members displayed an improper attitude in their dealings with her on January 31, 2008.

The RCMP's Final Report

Following its investigation, the RCMP provided Ms. A with a letter of disposition dated August 13, 2008 that did not support Ms. A's allegations. The Commission received Ms. A's request for review on February 6, 2009, and it received the material related to this complaint from the RCMP on February 17, 2009.

The Commission's Review and Interim Report

On May 14, 2009, I concluded in my Interim Report that while the RCMP had appropriately disposed of that portion of Ms. A's complaint dealing with her dissatisfaction with the manner in which the members had knocked on her door, the members had also displayed improper attitude during their interaction with Ms. A on January 31, 2008. Specifically, I concluded that the members' on-air conversation with dispatch was unprofessional. I also concluded that Constable C improperly issued Ms. A a ticket under Nova Scotia's Emergency "911" Act and that the process leading up to the issuance of the ticket unnecessarily exacerbated the already volatile situation.

I recommended that the subject members be given operational guidance with respect to dealing with people experiencing an emotional crisis or showing signs of a mental health issue, and that their behaviour towards Ms. A be reviewed with them by a senior member of the RCMP. I also recommended that Constables B and C receive operational guidance on the appropriate way to communicate with dispatch and others over the RCMP's communication system. Finally, I recommended that Constables B and C be given an opportunity to attend training specific to the RCMP's interaction with those suffering from mental health issues.

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 8, 2009, the Commission received the Commissioner's Notice, in which the Commissioner agreed with my findings but pointed out that the inappropriate conversation which I cited as being between the members and dispatch over the air while in Ms. A's residence in fact occurred on the members' cellular telephone. I acknowledge the clarification provided by the Commissioner, and I have amended my findings accordingly.

The Commissioner agreed with all of my recommendations and directed that they be implemented.

The Commission's Findings and Recommendations

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