Review of the RCMP's Public Complaint Records
Division Reports: 2008
D-Manitoba
Complaints Received
The Commission received 107 complaint dispositions of which 68% were lodged with the Commission, while 32% were lodged with the RCMP.
"D" Division: Number of Complaints Based on the Organization it Was Lodged With
The complaint dispositions were further examined at the detachment level. The detachments identified most often in the complaint dispositions included Thompson (10%), The Pas (8%), and Selkirk (8%). In comparing the three detachments, it was found that:
- For the Selkirk Detachment, three (3) (33%) of the complaints were lodged with the Commission, while six (6) (67%) were lodged with the RCMP.
- For The Pas Detachment, six (6) (67%) of the complaints were lodged with the Commission and three (3) (33%) were lodged with the RCMP.
- For the Thompson Detachment, six (6) (55%) of the complaints were lodged with the Commission, while five (5) (45%) were lodged with the RCMP.
The average number of members named in the complaints for "D" Division was 1.7 with the rank of constable (73%) being the most frequently represented rank in the complaints, followed by the ranks of corporal (13%) and staff sergeant (6%).
"D" Division: Number of Complaints by Member Rank
Allegations
A total of 271 allegations were made against members in "D" Division, which averaged about 2.5 allegations per complaint. The three most common allegations were "Neglect of Duty" (46%), "Improper Attitude" (20%), and "Improper Use of Force" (11%).
"D" Division: Allegations Breakdown
Allegations were also examined at the detachment level. "Neglect of Duty" was the most common of the allegations cited in the complaint dispositions received from the Selkirk (50%) and The Pas (35%) Detachments. However, in the Thompson Detachment, the most common allegation was "Improper Use of Force" which represented 32% of all allegations from that detachment.
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. The most common issues raised in the complaints for "D" Division were "Service" (14%), "Attitude" (14%), "Criminal Investigation Quality (RCMP)" (10%), "Arrest" (7%), and "Vehicular Incidents" (7%).
"D" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Aboriginal community |
7 |
2% |
| Abusive Language |
7 |
2% |
| Alcohol or Drugs (not intoxication) |
4 |
1% |
| Arrest |
22 |
7% |
| Attitude |
45 |
14% |
| Care in Custody |
7 |
2% |
| Child Abuse Response |
4 |
1% |
| Child Custody |
3 |
1% |
| Civil Disputes/No Child |
5 |
2% |
| Conflict of Interest |
2 |
1% |
| Criminal Investigation Quality (RCMP) |
31 |
10% |
| Detention |
11 |
3% |
| Entry of Premises |
3 |
1% |
| Intoxication |
16 |
5% |
| Lethal Weapons |
2 |
1% |
| Medical Care |
11 |
3% |
| Mental Illness |
2 |
1% |
| Non-custody Deaths |
1 |
0% |
| Non-lethal weapons other than chemical irritants |
2 |
1% |
| Non-pursuit Police Driving |
1 |
0% |
| Non-spousal, Non-child Assault Response |
9 |
3% |
| Note-taking Quality |
1 |
0% |
| Police Dogs |
1 |
0% |
| Police Physical Abuse |
15 |
5% |
| Policy |
3 |
1% |
| Property Mishandling |
4 |
1% |
| Public Complaint Process Quality (RCMP) |
2 |
1% |
| Release/Disclosure of Information |
3 |
1% |
| Restraints |
2 |
1% |
| Right to Counsel |
2 |
1% |
| Search |
9 |
3% |
| Seizure |
4 |
1% |
| Service |
46 |
14% |
| Spousal Abuse Response |
3 |
1% |
| Vehicular Incidents |
21 |
7% |
| Youth Interaction With RCMP |
6 |
2% |
| Youth Involvement |
3 |
1% |
| Total |
320 |
|
Further, the results revealed trends in the issues for each allegation. For the purpose of this analysis, the common issues will be reported for the two most frequently occurring allegations: For complaints involving allegations of "Neglect of Duty" the key issues were "Service" (21%), "Criminal Investigation Quality (RCMP)" (14%), and "Attitude" (10%). For allegations of "Improper Attitude" the most prominent issues that were identified included "Attitude" (31%), "Service" (14%), "Criminal Investigation Quality (RCMP)" (8%), "Vehicular Incidents" (7%), and "Abusive Language" (7%).
Disposition of Complaints79
"D" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received, 39 (36%) were formally investigated and a Final Report issued. These reports made determinations on 134 allegations. Sixteen percent (16%) of these allegations were found to be supported, which is slightly higher than the Force-wide average of 10%. Allegations most likely to be subject to a Final Report were "Improper Use of Force" and "Statutory Offence".
For almost every type of allegation, with the exception of "Driving Irregularity" and "Policy", the overwhelming majority (67-100%) of the RCMP's findings did not support the complainant's allegation(s). With respect to serious allegations ("Improper Use of Force" and "Statutory Allegations" the RCMP did not support any of the 29 allegations made.
Informal Resolutions
Informal resolutions occurred in 32% of the complaint dispositions received, which addressed 65 allegations. The allegations most likely to be informally resolved were "Improper Search of Premises" and "Improper Attitude".
Withdrawals
In 22% of the cases, the complainant withdrew the complaint, which disposed of 43 allegations. The allegation most likely to be withdrawn was "Improper Arrest".
Terminations (Notice of Direction)80
In 9% of all public complaints received, a Notice of Direction was issued, which dealt with 29 allegations. In half of the ten (10) cases, termination paragraph (c) was cited in the Notice of Direction. In four (4) of the remaining cases, termination paragraph (b) was cited, while as in one (1) case termination paragraph (a) was applied.
The Force-wide percentage of dispositions that were Notices of Direction was 6%, while Notices of Direction accounted for 9% of "D" Division dispositions. While the number of terminations is still higher than the Force-wide percentage, the discrepancy is much less than in 2007 (24%).
The allegation most likely to be subject to a Notice of Direction in this division was "Oppressive Conduct", with 73% of "Oppressive Conduct" allegations being dealt with in this way.
"D" Division: Number of Terminated Complaints by Grounds Identified in subsection 45.36(5) of the RCMP Act
Service Standards: Complaint Processing Time81
"D" Division, on average, took 93 days to issue a disposition once a complaint was lodged. This is in comparison to the RCMP national average of 103 days to issue a disposition once a complaint was lodged. The average number of days to issue a disposition was 80 for Commission-lodged complaints as opposed to 121 days for RCMP-lodged complaints.
It typically took 181 days for a complainant to lodge a complaint compared to the national average of 200 days. On average, complainants waited 227 days after the incident took place before lodging a complaint with the Commission, while complaints lodged with the RCMP averaged 82 days after the incident.82
"D" Division: Complaint Timeline by Organization it Was Lodged With
The average number of days for the Commission to receive the complaint disposition from this division was 97 for Commission-lodged complaints and 99 days for RCMP-lodged complaints.
Complaint timelines were also determined by disposition type:
- To issue a Final Report by the RCMP it took an average of 151 days to issue a disposition. For these cases it generally took 162 days for a complainant to lodge a complaint that resulted in this type of disposition.
- To issue a Notice of Direction, invoking any termination provisions, it took 42 days. It generally took 702 days for a complainant to lodge a complaint that resulted in this type of disposition.
- To enter into an informal resolution it took 70 days. It generally took 94 days for a complainant to lodge a complaint that resulted in this type of disposition.
- Complainants took approximately 49 days to withdraw a complaint. Generally, 138 days elapsed before a complainant lodged a complaint that resulted in this type of disposition.
"D" Division: Number of Days to Issue the Disposition by Disposition Type
Complaint timelines were also determined by allegation type. For the two most common types of allegations, timelines are reported:
- Allegations of "Neglect of Duty", on average, took 85 days for a disposition to be issued. Typically, complainants waited 274 days after the incident date to lodge a complaint for this type of allegation.
- Allegations of "Improper Attitude" on average took 74 days for a disposition to be issued. Complainants, on average, lodged a complaint 121 days after the incident date for this type of allegation.
It is of note that, within the division, complaints involving "Statutory Offence" allegations, on average, took the longest time (167 days) to issue dispositions.
79 Within the Disposition of Complaints section, there is a further breakdown to identify in what manner allegations categories have been disposed. For each allegation category, the number of allegations disposed of through each disposition type was divided by the total number of those allegations. These numbers were then compared from one allegation category to the next with the goal of determining which allegation was most likely to be disposed of by a certain disposition type. Therefore, an allegation category was more likely to be disposed of in a certain manner if the percentage disposed of in this way was significantly higher than that of other allegations categories. "Most likely" does not mean most common.
80 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:
- 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;
- the complaint is trivial, frivolous, vexatious or made in bad faith; and
- having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.
81 By identifying the complaint date and comparing it to the disposition date, the Commission was able to determine how many days it took the RCMP to issue a disposition for each complaint. Similarly, by comparing the complaint date to the date the incident occurred, a timeline can be established to determine how many days elapsed before a complainant lodged a public complaint against the RCMP. With respect to providing the Commission with a disposition, the date of the disposition is compared with the date the document was received at the Commission.
82 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 because: 1) the complainant may not have immediate access to the public complaint system; 2) the complaint may be historical in that an incident occurred many years (in some cases decades) before a formal complaint is lodged; and 3) alternate ways of resolving the complaint may have been attempted before a formal complaint was lodged.