Review of the RCMP's Public Complaint Records
Division Reports: 2008
H-Nova Scotia
Complaints Received
The Commission received 104 complaint dispositions of which 55 (53%) were lodged with the RCMP, while 49 (47%) were lodged with the Commission. The complaints were further examined at the detachment level. The detachments that were most often identified in the complaint dispositions included the Halifax Detachment (14%), followed by the Digby Detachment (8%) and the Antigonish Detachment (7%).
"H" Division: Number of Complaints Based on the Organization it Was Lodged With
In comparing the three detachments, it was found that for the Halifax Detachment, 60% of the complaints were lodged with the RCMP, while 40% of them were lodged with the Commission; for the Digby Detachment 88% of the complaints were lodged with the RCMP and 13% were lodged with the Commission; and for the Antigonish Detachment, 71% of the complaints were lodged with the RCMP, while 29% of them were lodged with the Commission. These numbers contrast with the Force-wide average where only 32% of complaints are lodged with the RCMP and 68% are lodged with the Commission.
The average number of members named in the complaints for "H" Division was 1.3, with the rank of constable being the most common rank (78%), followed by the rank of corporal (14%).
"H" Division: Number of Complaints by Member Rank
Allegations
A total of 241 allegations were made against members in "H" Division, which averaged about 2.3 allegations per complaint. The three most common allegations were "Oppressive Conduct" (24%), "Neglect of Duty" (23%) and "Improper Attitude" (20%).
"H" Division: Allegations Breakdown
Allegations were also examined at the detachment level. For the Digby Detachment, the most common allegations related to "Improper Use of Force" (28%) and "Oppressive Conduct" (24%). The most common allegations for the Antigonish Detachment were "Improper Attitude" and "Irregularity in Procedure" both at 33%. For the Halifax Detachment the most frequent allegations were "Improper Attitude" (35%) and "Oppressive Conduct" (30%).
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 that were raised in the complaints for "H" Division were "Attitude" (20%), "Service" (10%), and "Arrest" (9%).
"H" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Aboriginal community |
1 |
0% |
| Abusive Language |
7 |
2% |
| Alcohol or Drugs (not intoxication) |
5 |
2% |
| Arrest |
27 |
9% |
| Attitude |
59 |
20% |
| Care in Custody |
3 |
1% |
| Child Abuse Response |
3 |
1% |
| Child Custody |
2 |
1% |
| Civil Disputes/No Child |
3 |
1% |
| Criminal Investigation Quality (RCMP) |
22 |
7% |
| Detention |
8 |
3% |
| Entry of Premises |
7 |
2% |
| Informants/Sources |
1 |
0% |
| Intoxication |
8 |
3% |
| Lethal Weapons |
2 |
1% |
| Lying under Oath |
2 |
1% |
| Medical Care |
8 |
3% |
| Mental Illness |
3 |
1% |
| Non-lethal weapons other than chemical irritants |
3 |
1% |
| Non-pursuit Police Driving |
3 |
1% |
| Non-spousal, Non-child Assault Response |
5 |
2% |
| Note-taking Quality |
1 |
0% |
| Police Physical Abuse |
13 |
4% |
| Police Pursuit Driving |
3 |
1% |
| Policy |
5 |
2% |
| Property Mishandling |
2 |
1% |
| Release/Disclosure of Information |
2 |
1% |
| Restraints |
2 |
1% |
| Right to Counsel |
6 |
2% |
| Search |
6 |
2% |
| Seizure |
3 |
1% |
| Service |
31 |
10% |
| Spousal Abuse Response |
6 |
2% |
| Vehicular Incidents |
25 |
8% |
| Youth Interaction With RCMP |
8 |
3% |
| Youth Involvement |
1 |
0% |
| Total |
296 |
|
Trends in the issues were also identified by detachment:
- For the Digby Detachment, the common issues raised were "Attitude" (28%) followed by "Vehicular Incidents" (10%) and "Youth Interaction with RCMP" (10%).
- The two most common issues identified in complaints received from the Antigonish Detachment were "Attitude" (24%) and "Entry of Premises" (18%).
- Lastly, for the Halifax Detachment, "Attitude" (26%) was the key issue identified in the complaints, followed by "Service" (10%) and "Vehicular Incidents" (10%).
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 three most frequently occurring allegations:
- For complaints alleging "Oppressive Conduct" the key issues were "Attitude" (15%) "Arrest" (13%) and "Service" (9%).
- For complaints alleging "Neglect of Duty" the key issues were "Service" (14%), "Criminal Investigation Quality (RCMP)" (13%) and "Attitude" (12%).
- For complaints alleging "Improper Attitude" the key issues identified were "Attitude" (35%), "Vehicular Incidents" (11%), and "Youth Interaction with the RCMP" (8%).
Disposition of Complaints93
"H" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received, 63 (61%) were formally investigated and a Final Report issued by the RCMP. These reports made determinations on 174 allegations, the most common of which were "Oppressive Conduct" and "Service".
For almost every type of allegation, with the exception of "Service", the overwhelming majority (75-100%) of the RCMP's findings did not support the complainant's allegation(s). Sixty percent (60%) of "Service" allegations were found to be supported while 40% were unsupported. With respect to serious allegations ("Improper Use of Force", "Improper Use of a Firearm" and "Statutory Offence") the RCMP supported one (1) of the 21 allegations made or 4.8% of these kinds of allegations.
Informal Resolutions
Accounting for the second most common way to dispose of a complaint, informal resolutions occurred in 21% of the cases. Informal resolutions dealt with 31 allegations, the most likely of which were "Improper Attitude" and "Service".
Withdrawals
In 13% of the cases, the complainant withdrew the complaint. Withdrawals disposed of 28 allegations, with the most likely being "Improper Use of Force" and "Irregularity in Procedure".
Terminations (Notice of Direction)94
In 6% of all public complaints received a Notice of Direction was issued. In total, eight (8) allegations were subject to termination paragraphs. In one (1) of the six (6) cases (17%), the grounds for termination were not specified in the Notice of Direction. Allegations most likely to be subject to a termination paragraph were related to "Neglect of Duty".
"H" Division: Number of Terminated Complaints by Grounds Identified in subsection 45.36(5) of the RCMP Act
Service Standards: Complaint Processing Time95
In 2007, "H" Division, on average, took 137 days to issue a disposition once a complaint was lodged; this is in comparison to the RCMP national average of 103 days. The average number of days to issue a disposition was 118 for Commission-lodged complaints as opposed to 154 days for RCMP-lodged complaints.
On average, it took 243 days for a complainant to lodge a complaint. On average, complainants waited 351 days after the incident took place before lodging a complaint with the Commission, while complaints lodged with the RCMP averaged 146 days after the incident.96
"H" Division: Complaint Timeline Based on the Organization it Was Lodged With
The average number of days for the Commission to receive the complaint disposition from this division was 19 for Commission-lodged complaints as opposed to the 21 days it took for RCMP-lodged complaints. This is significantly lower than 2007, when it took, on average, 64 days for Commission-lodged complaints and 54 days for RCMP-lodged complaints.
Complaint processing times were analyzed for each of the three detachments that were identified most often in complaint dispositions:
- On average, the Digby Detachment took 100 days to issue a disposition once a complaint was lodged. Typically, for these cases complainants waited only 23 days after the incident date to lodge the original complaint.
- The Antigonish Detachment took an average of 238 days to issue a disposition once a complaint was lodged. Complainants, on average, lodged the original complaint 39 days after the incident date.
- Finally, the Halifax Detachment, on average, took 119 days to issue a disposition following receipt of the complaint. Surprisingly, complainants waited an average of 766 days after the incident to lodge the original complaint.
Complaint timelines were also determined by disposition type:
- To issue a Final Report by the RCMP it took, on average, 163 days. For these cases, it generally took 168 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To issue a notice of direction invoking any termination provision it took 59 days. For these cases, it generally took 1,460 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To enter into an informal resolution it took, on average, 91 days. For these cases, it generally took 101 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To capture a withdrawal it took, on average, 124 days. For these cases, it generally took 282 days for a complainant to lodge the original complaint that resulted in this type of disposition.
"H" Division: Number of Days to Issue the Disposition by Disposition Type
Complaint timelines were also determined by allegation type. For the three most common types of allegations, timelines are reported.
- Allegations of "Oppressive Conduct", on average, took 159 days for a disposition to be issued. On average, complainants waited 189 days after the incident date to lodge the original complaint for this type of allegation.
- Allegations of "Neglect of Duty", on average, took 155 days for a disposition to be issued. Complainants, on average, lodged a complaint 210 days after the incident date for this type of allegation.
- Allegations of "Improper Attitude" typically took 148 days for a disposition to be issued once a complaint was lodged. On average, complainants waited 277 days to lodge the original complaint for this type of allegation.
It is interesting to note that within "H" Division complaints involving "Driving Irregularity" allegations, on average, took the longest time (203 days) to issue dispositions.
93 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.
94 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.
95 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.
96 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 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.