Vice-Chair's Final Report after Commissioner's Notice – Incident Related to Neglect of Duty and Service

RCMP Act Subsection 45.46(3)

Vetted version for posting

April 25, 2008

The Complaint

On April 14, 2004, Constable B of the Powell River RCMP Detachment in British Columbia attended a single vehicle accident scene. Ms. A, who had been in the vehicle, showed signs of impairment and became agitated to the point that Constable B arrested her for being drunk in a public place. After emergency medical service personnel confirmed that she was not injured, Constable B refused her request to attend the hospital with the rest of her family.

Corporal C of the Powell River RCMP Detachment was the supervising member at the accident. Notwithstanding his involvement at the scene, he was also the member originally assigned to investigate Ms. A's public complaint but was later removed from that capacity at her request.

Lastly, in September 2004, Ms. A contacted the RCMP alleging that she had been assaulted by her boyfriend. Corporal C handled the initial stages of that investigation but no charges were ever laid.

On September 30, 2004, Ms. A filed a complaint alleging that Constable B neglected his duty by not taking her to the hospital and failing to obtain a breathalyzer test as well as other tests to establish the cause for her intoxication. Subsequent to this the RCMP established that Ms. A also wished to complain of the conduct of Corporal C in that he commenced the public complaint investigation when he had a conflict of interest and that he failed to adequately investigate her allegation of assault.

The RCMP's Final Report

The RCMP's Final Report, dated May 3, 2005, partially supported the complainant's allegations. It found that RCMP members ensured that Ms. A received proper medical care and that Corporal C took carriage of the public complaint investigation with the best of intentions but that the optics of this decision "could easily be construed as wrong." It attributed this decision to an administrative shortcoming with management at the detachment and not with Corporal C. Lastly, the RCMP found that the criminal investigation into Ms. A's allegations of assault was sufficient.

The Commission's Review and Interim Report

On November 30, 2007, in my Interim Report, I concluded that: Constable B properly carried out his duties at the accident scene, including ensuring appropriate medical attention; Corporal C was in a conflict of interest when he undertook the public complaint investigation; and, finally that Corporal C conducted an adequate investigation into Ms. A's allegation of assault. I also determined that the steps already taken by the RCMP, including the apology to Ms. A, the immediate reassignment of the investigation to another investigator and the acknowledgement by the officer in charge of the detachment of the problem created by originally assigning the file to Corporal C, were satisfactory and, accordingly, I made no recommendations.

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. The Commission received the Commissioner's Notice on April 4, 2007. The Commissioner noted that I made no recommendations in my Interim report and, as such, advised that he would be taking no further action.

The Commission's Findings and Recommendations

After careful review and analysis of the evidence and having considered Commissioner Elliott's response, I reiterate my findings, as stated in the Interim Report.

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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Brooke McNabb
Vice-Chair