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

Commission for Public Complaints Against the RCMP

RCMP Act Subsection 45.46(3)

Version Vetted for Posting

April 2, 2009

The Complaint

On February 8, 2007 at approximately 12:45 a.m., Mr. A, of Surrey, British Columbia, parked his vehicle in a designated "no parking area" at a Tim Horton's restaurant at Highway 10 and Ladner Trunk Road in Delta, British Columbia. While walking towards the restaurant, Mr. A was asked by Corporal B of the RCMP's Deas Island Lower Mainland District Traffic Services to move his vehicle from where he had parked it. Notably, Corporal B had asked another driver to move his vehicle from that spot shortly before Mr. A's arrival.

When Mr. A did not move the vehicle, Corporal B asked to see his driver's licence. Mr. A asked what he had done wrong and did not provide his driver's licence when asked. Corporal B told Mr. A that he had seen him driving and parking in a no-parking zone and that he was required to provide his driver's licence. Corporal B also told Mr. A that if he did not comply, he would be arrested for obstructing a police officer. Mr. A did not comply with the request and said that he had done nothing wrong and was not obstructing a police officer. According to Corporal B, Mr. A was nervous and fidgety.

When Mr. A refused another demand to produce his licence, Corporal B advised him that he was under arrest for obstruction. Mr. A initially resisted the handcuffing and Constable C, one of two other RCMP members, assisted Corporal B. Corporal B then searched Mr. A, locating his wallet and driver's licence. Corporal B then queried CPIC with negative results. It was at this point that Mr. A then complied with the request to move the vehicle and was released without charge. Corporal B explained to Mr. A that none of this would have happened had he been cooperative with him in the first place.

On February 8, 2007, Mr. A complained to the Commission about the conduct of Corporal B. The complaint alleges that Corporal B displayed an improper attitude and behaviour in that he treated Mr. A like a criminal and the reason for his treating him in that manner is a result of racism.¹

The RCMP's Final Report

Following its investigation, the RCMP provided its Final Report dated January 25, 2008. The RCMP found that Constable B's actions were entirely supported by the law and that he did not display an improper attitude or behaviour.

The Commission's Review and Interim Report

On June 9, 2008, the Commission concluded in its Interim Report that Corporal B did not have the lawful authority to enforce the no-parking sign and that Mr. A had not committed the Criminal Code offence of obstructing a police officer. In addition to this, the Commission concluded that Corporal B did not have the lawful authority to arrest Mr. A and that although he conducted himself in an overzealous manner when dealing with Mr. A, there is insufficient evidence to support a conclusion that his actions were racially motivated.

The Commission recommended that Corporal B apologize to Mr. A and that a senior member of the RCMP review with Corporal B the circumstances giving rise to the 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 findings and recommendations contained in the Interim Report.

On February 26, 2009, the Commission received the Commissioner's Notice. The Commissioner agreed with the Commission's findings and recommendations.

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

1 Mr. A describes himself as a man of color.