Review of the RCMP's Public Complaint Records
The Public Complaint Process
The Commission's powers, as established in 1988, have led to a federal oversight model that is primarily complaints driven. The Commission derives its authority from Parts VI and VII of the RCMP Act. Its jurisdiction to receive and review complaints includes the conduct of an RCMP member while performing a policing duty or function, as well as the off-duty conduct of an RCMP member when it is determined that the alleged conduct is likely to adversely affect the member's performance as an RCMP member and/or the RCMP's reputation. The Commission does not have authority to review matters falling within the administration of the affairs of the RCMP, including managerial or administrative concerns.
Intake of Complaints
When the Commission receives a complaint, a Complaint Analyst at the Surrey, BC office first determines if the Commission has jurisdiction then assists the complainant to formalize their complaint, which is then forwarded to the RCMP for investigation. The RCMP then reports the findings of its investigation to the complainant, the RCMP member(s) involved and the Commission. This is a statutory obligation.
Not all members of the public want to lodge a complaint formally though. In some cases, when a member of the public is not requesting a response from the RCMP, but wants a supervising officer to be aware of their concern(s), the Complaint Analyst may file a report directly with the RCMP.
Informal Resolution
The Commission's Complaint Analysts are afforded the opportunity, on a daily basis, to assist with conflict resolution by creating a positive climate for communications between the public and the RCMP and/or to quickly obtain information from the RCMP for the complainant.
The Commission frequently encounters complaints that are appropriately informally resolved by enabling a would-be complainant to air their grievances and exchange information with the appropriate RCMP official. Once the Commission understands the nature of the complainant's concern(s), the Complaint Analyst explains the options available. In appropriate cases, the Complaint Analyst invites the complainant and the RCMP to work together informally to resolve the issue. The complainant always retains the right to file a formal complaint. Where the complainant elects to resolve the concern by way of informal dispute resolution, the Complaint Analyst serves as a facilitator, helping the complainant obtain accurate and complete information by enlisting the aid of the senior RCMP officer in the jurisdiction where the problem arose.
Request for Review
If the complainant is not satisfied with the RCMP's handling of their complaint, he/she may request that the Commission review the complaint. In its review, the Commission's Reviewer Analyst evaluates all materials relating to the complaint, including the RCMP operational file, the RCMP public complaint investigation, relevant law and policy, and all relevant material provided by the complainant. It is a traditional model wherein two competing parties place their respective versions of an event before an independent arbitrator who conducts an inquiry and makes factual findings based upon the available evidence and the credibility of the parties.
Further, the Commission can conduct its own independent investigation and the Chair also has the authority to hold a public interest hearing to inquire into a complaint.
If the Commission is satisfied with the RCMP's handling of the complaint, it sends a Final Report to all parties involved, including the RCMP Commissioner and the Minister of Public Safety. If on the other hand the Commission is not satisfied with the RCMP's handling of the complaint, it sends an Interim Report to the RCMP Commissioner and to the Minister of Public Safety setting out the Commission's findings and recommendations. The RCMP Commissioner reviews the Commission's findings and recommendations, and then sends a written notice to the Commission and the Minister of Public Safety outlining any further action that has been or will be taken with respect to the complaint.
In cases where an Interim Report has been written and the RCMP Commissioner has responded with a Commissioner's Notice, the Commission then responds to the RCMP in a report called Final Report After Commissioner's Notice, which reasserts the Commission's position and details any concerns the Commission has with the Commissioner's response to the Interim Report. A copy of the Final Report After Commissioner's Notice, along with the Interim Report, is then sent to the various parties, as defined by the RCMP Act.
Currently, there is no requirement for the RCMP to confirm to the Commission that further action on recommendations has indeed been carried out.