Vice-Chair's Interim Report – Incident Related to RCMP Decision to not Investigate a Public Complaint

RCMP Act Paragraph 45.42(3)(a)

Vetted version for posting

April 27, 2007

Overview

The complainant is a frequent client of an RCMP Detachment in British Columbia. On July 12, 2006, the complainant filed a complaint concerning the conduct of Sergeant A Constable B, Constable C and Constable D. His complaint essentially alleges that: Sergeant A trapped him into making a statement with regards to his involvement with a particular business; Constable C told him that he did not have a case against this business; Constable B dealt inadequately with his complaints of loud music; Constable B improperly failed to charge another individual for spitting on him; and, Constable D told him that he could only complain so many times and after that he risks being "targeted" by the RCMP.

After examining the complaint, the RCMP provided the complainant with a notice of direction dated November 10, 2006, which explained that, pursuant to paragraph 45.36(5)(c) of the RCMP Act, the RCMP had decided that no investigation should be commenced, as "having regard to these circumstances, further investigation into your public complaint is not necessary or reasonably practicable."

The complainant was not satisfied with the RCMP's decision not to investigate his complaint. On December 15, 2006, he requested a review by the Commission. The Commission received the relevant materials regarding this matter from the RCMP on April 16, 2007.

For the reasons outlined below, I have concluded that the RCMP should have investigated the complainant's public complaint.

RCMP Decision to not Commence a Public Complaint Investigation

It is important to note that, in cases where the RCMP has terminated, or not commenced a public complaint investigation, it is, first and foremost, incumbent upon the Commission to assess the reasonableness of that decision. If the Commission finds that the direction was reasonable, there will be no finding with respect to any allegation made in the complaint.

The RCMP's letter of disposition and public complaint investigation file indicated that on August 29, 2006, the assigned public complaint investigator left a message for the complainant. By return message, the complainant essentially indicated that he did not wish to speak to the RCMP. The public complaint investigator contacted the complainant again on September 8, 2006 and told him that if he did not wish to be contacted for more information, his complaint would be terminated. The complainant apparently agreed. Accordingly, the RCMP concluded in its letter of disposition: "[...] as a result of your refusal to cooperate, I am not satisfied that your complaint warrants investigation. [...] I find that without your cooperation your complaints lack support and substance and as a result, I am not prepared to have the investigation furthered."

In response to a previous decision by the Commission^[1] dealing with the termination of a public complaint investigation, the Commissioner made it clear that, at a minimum, and in the absence of exceptional circumstances, a public complaint investigation should involve an interview of the complainant(s) and subject member(s). It is clear that an interview of the complainant was not possible. However, the complainant's failure to cooperate does not, in this instance, provide sufficient justification for the RCMP's refusal to investigate the public complaint. The subject members were clearly identified, and the complainant provided sufficient detail to enable the public complaint investigator to interview the subject members regarding the allegations, conduct a file review, and gather information so as to dispose of this complaint. That was not done. In the circumstances, I find that it was not reasonable for the RCMP not to investigate the complaint.

Finding: It was not reasonable for the RCMP not to investigate the complaint.

Recommendation: That the RCMP investigate this public complaint.

Having considered the complaint, I hereby submit my Interim Report in accordance with paragraph 45.42(3)(a) of the RCMP Act.

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Brooke McNabb
Vice-Chair

[1] PC-2005-1350