Review of the RCMP's Public Complaint Records
Division Reports
B-Newfoundland and Labrador
Complaints Received
The Commission received 41 complaint dispositions related to complaints lodged in 2007. The complaint dispositions were further examined at the detachment level. The detachments identified most often in the complaint dispositions included the Happy Valley-Goose Bay Detachment (20%), followed by the Lewisporte Detachment (12%), the Trinity-Conception Detachment (12%) and the Corner Brook S/Div. Headquarters (12%). Of the 41 complaints received from "B" Division, 21 (51%) were lodged with the RCMP, while 20 (49%) were lodged with the Commission.
"B" Division: Number of Complaints Based on the Organization it Was Lodged With
The average number of members named in the complaint for "B" Division was 2.3 with constables (56%) being the rank most represented in the complaints followed by corporals (23%). Sergeants were represented in 10% of the complaints.
"B" Division: Number of Complaints by Member Rank
Allegations
A total of 107 allegations were made, which averaged about 2.6 allegations per complaint. The three most common allegations were "Neglect of Duty" (32%), "Improper Attitude" (18%) and "Improper Use of Force" (13%). Allegations were also examined at the detachment level.
"B" Division: Allegations Breakdown
For the Trinity-Conception Detachment, the results indicate that the most common allegations pertained to "Improper Use of Force" (25%), "Mishandling of Property" (25%) and "Improper Persons/Vehicles Search" (25%). The most common types of allegations for the Corner Brook S/Div. Headquarters Detachment were "Neglect of Duty" (33%) and "Improper Search of Premises" (33%). For the Happy Valley-Goose Bay Detachment the most frequent allegation was "Neglect of Duty" (62%). Finally, the most common type of allegation for the Lewisporte Detachment was "Improper Attitude" (39%).
Allegations were further analyzed by member rank. Allegations of "Neglect of Duty" were the most common allegation directed towards sergeants (67%), corporals (24%) and constable (28%). Gender differences were also observed by allegation type.
Allegations were also analyzed by disposition type. For complaints involving allegations of "Neglect of Duty", it was common for the RCMP to issue a Final Report (59%), while for "Improper Attitude" the most common disposition was an informal resolution (42%). Allegations of "Improper Use of Force" were either issued a Final Report (50%) or the complaint was withdrawn by the complainant (50%).
For every complaint disposition received, the Commission analyzed the reason and incident details in order to identify issues related to the nature of the complaint. By cross-referencing these issues with the RCMP allegations, the Commission was able to identify key issues that come up for each allegation. The most common issues that were raised in the complaints for this division were "Criminal Investigation Quality (RCMP)" (19%), "Attitude" (17%), "Arrest" (7%), and "Public Complaint Process Quality (RCMP)" (6%). In comparing the issues raised for the three most frequent allegations, it appears that there is a common perceived lack of police professionalism as well as complainant dissatisfaction with the way criminal investigations were handled by the RCMP, as these were prominent issues identified in most of the allegations mentioned above.
"B" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Abusive Language |
4 |
3.9% |
| Alcohol or Drugs (not impairment) |
4 |
3.9% |
| Arrest |
7 |
6.8% |
| Attitude |
17 |
16.5% |
| Care in Custody |
1 |
1.0% |
| Child Abuse Response |
1 |
1.0% |
| Civil Disputes/No Child |
0 |
0.0% |
| Criminal Investigation Quality (RCMP) |
20 |
19.4% |
| Crowd Control |
0 |
0.0% |
| Detention |
3 |
2.9% |
| Entry of Premises |
2 |
1.9% |
| Lying under Oath |
3 |
2.9% |
| Lethal Weapons |
0 |
0.0% |
| Medical Care |
1 |
1.0% |
| Mental Illness |
1 |
1.0% |
| Non-lethal weapons other than chemical irritants |
1 |
1.0% |
| Non-pursuit Police Driving |
0 |
0.0% |
| Non-spousal, Non-child Assault Response |
2 |
1.9% |
| Non-spousal, Non-child Sexual Assault Response |
1 |
1.0% |
| Other (if necessary) |
2 |
1.9% |
| Police Dogs |
0 |
0.0% |
| Police Physical Abuse |
3 |
2.9% |
| Police Pursuit Driving |
0 |
0.0% |
| Policy |
2 |
1.9% |
| Property Mishandling |
0 |
0.0% |
| Public Complaint Process Quality (RCMP) |
6 |
5.8% |
| Release/Disclosure of Information |
1 |
1.0% |
| Restraints |
0 |
0.0% |
| Right to Counsel |
2 |
1.9% |
| Search |
5 |
4.9% |
| Seizure |
3 |
2.9% |
| Service |
3 |
2.9% |
| Vehicular Incidents |
4 |
3.9% |
| Youth Interaction |
4 |
3.9% |
| Total |
103 |
|
Disposition of Complaints
"B" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received, 42% were formally investigated and a Final Report by the RCMP issued. These reports made determinations on 50 allegations, the most common allegation being "Neglect of Duty".
For almost every type of allegation, with the exception of "Improper Attitude", none of the complainant's allegations were supported. For allegations of "Improper Attitude", 57% of the RCMP's findings supported the allegation(s) while 43% of the findings did not support the complainant's allegation(s).
Informal Resolutions
Accounting for the second most common way to dispose of a complaint, informal resolutions occurred in 29% of the cases; addressing 16 allegations. Allegations most likely to end in an informal resolution were "Improper Attitude" and "Neglect of Duty".
Withdrawals
In 10% of the cases, the complainant withdrew the complaint. Withdrawals disposed of 25 allegations, the most common of which were "Improper Use of Force", "Mishandling of Property" and "Improper Persons/Vehicles Search".
Terminations (Notice of Direction)43
In 2007, in 20% of all the dispositions received from "B" Division, a Notice of Direction was issued, accounting for 15 allegations. In 50% of the 8 complaint dispositions, the termination paragraph was not specified in the Notice of Direction. Allegations of "Neglect of Duty" and "Improper Search of Premises" were most often terminated. Further, in most cases, the specific legislative grounds for termination were not specified.
"B" Division: Number of Terminated Complaints by Grounds Identified in subsection 45.36(5) of the RCMP Act
Service Standards: Complaint Processing Time
On average, it took 99 days to issue a disposition once a complaint was lodged (range: 0 to 318 days). This is in comparison to the RCMP national average of 114 days to issue a disposition once a complaint was lodged (range: 0 to 447 days). It typically took close to one year (341 days) to elapse before a complainant lodged the original complaint (range: 0 to 3,706 days).
"B" Division: Complaint Timeline Based on the Organization the Complaint Was Lodged With
The average number of days to issue a disposition was 83 for Commission-lodged complaints (range: 13 to 276 days) as opposed to 115 days for RCMP-lodged complaints (range: 0 to 318 days).
On average, complainants waited 484 days after the incident took place before lodging a complaint with the Commission (range: 0 to 3,706 days), while complaints lodged with the RCMP averaged 199 days after the incident (range: 1 to 1,942 days).44
Independent of the public complaint processing timelines, the Review of the Record Project required the RCMP to provide the Commission copies of all dispositions for its analyses. To that end, the average number of days for the Commission to receive the complaint disposition from this division was 42 for Commission-lodged complaints (range: 7 to 180 days) as opposed to the 93 days it took for RCMP-lodged complaints (range: 11 to 249 days).
Complaint processing times were analyzed for each of the four detachments in "B" Division with the most complaint dispositions:
- The Trinity-Conception Detachment took 123 days to issue a disposition once a complaint was lodged (range: 31 to 318 days). On average, complainants waited 793 days after the incident took place before lodging a complaint (range: 2 to 1,660 days).
- The Corner Brook S/Division Headquarters Detachment took an average of 88 days to issue a disposition once a complaint was lodged (range: 0 to 184 days). On average, complainants waited 990 days after the incident took place before lodging a complaint (range: 7 to 3,706 days).
- The Happy Valley-Goose Bay Detachment took an average of 73 days to issue a disposition (range: 19 to 169 days). On average, complainants waited 165 days after the incident took place before lodging a complaint (range: 0 to 1,249 days).
- The Lewisporte Detachment took on average 91 days to issue a disposition for a public complaint (range: 14 to 143 days) On average, complainants waited 48 days after the incident took place before lodging a complaint (range: 1 to 183 days).
Complaint timelines were also determined by disposition type:
- To issue a Final Report it took "B" Division on average 176 days (range: 66 to 318 days). For these cases, it generally took 339 days for a complainant to lodge the original complaint that resulted in this type of disposition (range: 5 to 1,942 days).
- To issue an informal resolution it took an average of 35 days to issue a disposition (range: 0 to 101 days). For these cases, 57 days, on average, elapsed before a complainant lodged the original complaint that resulted in this type of disposition (range: 1 to 461 days).
- To issue a Notice of Direction, invoking any provision, it took 36 days (range: 19 to 50 days). For these cases, it generally took 860 days for a complainant to lodge the original complaint that resulted in this type of disposition (range: 0 to 3,706 days).
- For withdrawals it took on average 93 days to complete this type of disposition (range: 73 to 115 days). For these cases, it generally took 114 days to elapse before a complainant lodged the original complaint that resulted in this type of disposition (range: 2 to 246 days).
"B" Division: Number of Days to Issue the Disposition by Disposition Type
Complaint timelines could be determined by allegation type. For the three most common types of allegations, i.e. "Neglect of Duty" (32%), "Improper Attitude" (18%) and "Improper Use of Force" (13%) timelines are reported.
- Allegations of "Neglect of Duty", on average, took 120 days for a disposition to be issued (range from 13 to 318 days). Typically, complainants waited 483 days after the incident date to lodge a complaint (range from 0 to 3,706 days) for this type of allegation.
- Allegations of "Improper Attitude", on average, took 96 days for a disposition to be issued (range from 0 to 276 days). Complainants, on average, lodged a complaint 38 days after the incident date (range from 0 to 246 days) for this type of allegation.
- Allegations of "Improper Use of Force" took 158 days for a disposition to be issued once a complaint was lodged (range from 115 to 184 days). On average, complainants waited 79 days to lodge a complaint (range from 6 to 252 days) for this type of allegation.
It is interesting to note that within "B" Division complaints involving "Improper Use of Firearms" allegations, on average, took the longest time (180 days) to issue dispositions suggesting that these types of concerns might require more detailed and lengthy investigations. This interpretation may be supported by the finding that complaints involving this type of allegation were issued a Final Report in all cases.
43 The RCMP may decide to terminate a complaint under three strict grounds provided for in paragraphs (a), (b) and (c) of subsection 45.36(5) of the RCMP Act. These paragraphs are:
- (a) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided under any other Act of Parliament;
- (b) the complaint is trivial, frivolous, vexatious or made in bad faith; and
- (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.
44 While the reasons for this delay is not yet fully understood, some preliminary analysis of the data suggests that complainants wait extended periods of time to lodge complaints with the Commission because: 1) the types of allegations that are lodged with the Commission tend to be more serious in nature than those lodged with the RCMP; 2) the complainant may not have immediate access to the public complaint system; 3) the complaint may be historical in that an incident occurred many years (in some cases decades) before a formal complaint is lodged; and 4) alternate ways of resolving the complaint may have been attempted before a formal complaint was lodged.
In this case, a complainant waited over 3,700 days before lodging a formal complaint with the Commission.