Review of the RCMP's Public Complaint Records
Division Reports: 2008
K-Alberta
Complaints Received
The Commission received 388 completed complaint dispositions of which 58% were lodged with the Commission, 41% were lodged with the RCMP and 0.8% were lodged with the Alberta Solicitor General.
The detachments identified most often in the complaint dispositions were the Red Deer Detachment (6%), Grande Prairie Detachment (4%), Wetaskiwin Detachment (4%) and Wood Buffalo (4%). In 2007, the Red Deer Detachment accounted for 17% of all submitted complaints particular to this division.
"K" Division: Number of Complaints Based on the Organization it Was Lodged With
The average number of members named in the complaints for "K" Division was 1.5, with the rank of constable (77%) being the most frequently represented rank of the total complaints. The rank of corporal was represented in 8% of the complaints, while sergeants were also the subject of 7% of the complaints.
"K" Division: Number of Complaints by Member Rank
Allegations
A total of 1,039 allegations were made against members in "K" Division, which averaged about 2.7 allegations per complaint. The most common allegations were "Neglect of Duty" (26%), "Improper Attitude" (20%), "Irregularity in Procedure" (13%) and "Improper Use of Force" (11%).
"K" Division: Allegations Breakdown
Allegations were also examined at the detachment level:
- For the Red Deer Detachment, most of the allegations related to "Neglect of Duty" (28%) followed by "Improper Attitude" (12%) and "Improper Use of Force" (10%).
- The most common allegations for the Grande Prairie Detachment were "Irregularity in Procedure" (31%) and "Neglect of Duty" (19%).
- For the Wetaskiwin Detachment, allegations of "Improper Attitude" and "Neglect of Duty" were equally common representing 34% each.
- Finally, in Wood Buffalo, the most common allegations were "Neglect of Duty" (43%), "Improper Use of Force" (17%), and "Irregularity in Procedure" (14%).
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 common issues that were raised in the complaints for "K" Division were "Attitude" (14%), "Service" (12%), "Arrest" (9%), "Criminal Investigation Quality (RCMP)" (9%), and "Vehicular Incidents" (8%).
Trends in the issues were also identified by detachment:
- Common issues raised in the Red Deer Detachment were "Service" (14%), "Criminal Investigation Quality (RCMP)" (12%), "Arrest" (11%), and "Attitude" (11%).
- For the Grande Prairie Detachment, common issues were "Service" (15%) and "Vehicular Incidents" (15%).
- In the Wetaskiwin Detachment, issues related to "Vehicular Incidents" (16%) and "Attitude" (14%) were most often raised.
- Finally, in Wood Buffalo, the most common issues were "Attitude" (12%) and "Service" (12%).
In "K" Division, 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:
- In complaints alleging "Neglect of Duty" the key issues were "Service" (18%), "Criminal Investigation Quality (RCMP)" (15%), and "Attitude" (11%).
- The main issues raised in complaints alleging "Improper Attitude" included "Attitude" (22%), "Service" (9%) and "Arrest" (9%).
- Issues raised in complaints alleging "Irregularity in Procedure" included "Service" (11%), "Arrest" (9%), and "Attitude" (9%).
Finally, for allegations involving "Improper Use of Force" the key issues identified were "Arrest" (15%), "Police Physical Abuse" (13%) and "Intoxication" (9%).
"K" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Aboriginal community |
18 |
1% |
| Abusive Language |
24 |
2% |
| Alcohol or Drugs (not intoxication) |
32 |
3% |
| Arrest |
111 |
9% |
| Attitude |
179 |
14% |
| Care in Custody |
11 |
1% |
| Chemical Irritant |
6 |
0% |
| Child Abuse Response |
5 |
0% |
| Child Custody |
6 |
0% |
| Civil Disputes/No Child |
13 |
1% |
| Conflict of Interest |
12 |
1% |
| Criminal Investigation Quality (RCMP) |
109 |
9% |
| Crowd Control |
2 |
0% |
| Detention |
41 |
3% |
| Entry of Premises |
16 |
1% |
| Informants/Sources |
4 |
0% |
| Intoxication |
59 |
5% |
| Lethal Weapons |
10 |
1% |
| Lying under Oath |
4 |
0% |
| Medical Care |
25 |
2% |
| Mental Illness |
15 |
1% |
| Non-custody Deaths |
4 |
0% |
| Non-lethal weapons other than chemical irritants |
9 |
1% |
| Non-pursuit Police Driving |
10 |
1% |
| Non-spousal, Non-child Assault Response |
23 |
2% |
| Non-spousal, Non-child Sexual Assault Response |
2 |
0% |
| Note-taking Quality |
4 |
0% |
| Police Dogs |
6 |
0% |
| Police Physical Abuse |
57 |
4% |
| Police Pursuit Driving |
6 |
0% |
| Policy |
15 |
1% |
| Property Mishandling |
28 |
2% |
| Public Complaint Process Quality (RCMP) |
11 |
1% |
| Release/Disclosure of Information |
16 |
1% |
| Restraints |
18 |
1% |
| Right to Counsel |
15 |
1% |
| Search |
44 |
3% |
| Seizure |
17 |
1% |
| Service |
150 |
12% |
| Spousal Abuse Response |
12 |
1% |
| Vehicular Incidents |
105 |
8% |
| Witness Protection Program |
1 |
0% |
| Youth Interaction With RCMP |
12 |
1% |
| Youth Involvement |
5 |
0% |
| Total |
1,272 |
|
Disposition of Complaints100
"K" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received, the majority (44%) were formally investigated and a Final Report was issued. These reports made determinations on 574 allegations, the most likely of which were "Statutory Offence", "Improper Persons/Vehicles Search", and "Irregularity – Evidence".
For most allegation types the overwhelming majority of the RCMP's findings did not support the complainant's allegation(s) (85-100%). However, "Policy" and "Driving Irregularity" allegations were found to be supported 33% of the time, while as "Service" allegations were supported 75% of the time. The one allegation regarding "Equipment" was also found to be supported. With respect to serious allegations ("Improper Use of Force", "Improper Use of a Firearm" and "Statutory Offence") the RCMP supported six (6) of the 139 allegations made or 4% of these kinds allegations. Overall, allegations in "K" Division were found to be supported 12% of the time.
At the detachment level, Final Reports accounted for:
- 11 of the 24 dispositions received from the Red Deer Detachment (46%);
- 11 of the 16 dispositions received from the Grande Prairie Detachment (69%);
- 8 of the 15 dispositions received from the Wetaskiwin Detachment (53%);
- 12 of the 14 dispositions received from the Wood Buffalo Detachment (86%).
Informal Resolutions
Accounting for the second most common way to dispose of a complaint, informal resolutions occurred in 39% of the cases. Informal resolutions dealt with 324 allegations, the most likely being "Improper Attitude" and "Policy".
At the detachment level, informal resolutions accounted for:
- 10 of the 24 dispositions received from the Red Deer Detachment (42%);
- 4 of the 16 dispositions received from the Grande Prairie Detachment (25%);
- 6 of the 15 dispositions received from the Wetaskiwin Detachment (40%);
- 2 of the 14 dispositions received from the Wood Buffalo Detachment (14%).
It is interesting to note that in 2007, informal resolutions accounted for 47% of all dispositions in the Red Deer Detachment, which was 17 percentage points over the Force-wide average. In 2008, however, informal resolutions in the Red Deer Detachment represent 42% of total dispositions which is only eight (8) percentage points higher than the Force-wide average of 34%.
Withdrawals
In 14% of the cases, the complainant withdrew the complaint. Withdrawals dealt with 110 allegations, the most likely being "Improper Search of Premises" and "Improper Use of Force".
At the detachment level, withdrawals accounted for:
- 2 of the 24 dispositions received from the Red Deer Detachment (8%);
- 1 of the 16 dispositions received from the Grande Prairie Detachment (6%);
- 1 of the 15 dispositions received from the Wetaskiwin Detachment (7%);
- None of the 14 dispositions received from the Wood Buffalo Detachment.
Terminations (Notice of Direction)101
In 2008, in 3% of all public complaints received, a Notice of Direction was issued. In two (2) of the 12 (17%) cases, the termination paragraph was not specified; however, the grounds for termination most often invoked were paragraph (c) (75%). In total, 31 allegations were subject to a termination paragraph, the most likely of which were "Oppressive Conduct" and "Mishandling of Property".
At the detachment level, terminations accounted for only one (1) of the 24 dispositions received from the Red Deer Detachment (4%). None of the complaints from the Grande Prairie, Wetaskiwin, and Wood Buffalo Detachments were terminated.
"K" Division: Number of Terminated Complaints by Grounds Identified in subsection 45.36(5) of the RCMP Act
Service Standards: Complaint Processing Time102
In 2008, "K" Division, on average, took 107 days to issue a disposition once a complaint was lodged. This is in comparison to the RCMP national average of 103 days and represents a decrease from 120 days in 2007. The average number of days to issue a disposition was 100 for Commission-lodged complaints as opposed to 115 days for RCMP-lodged complaints and 139 days for complaints lodged with the Alberta Solicitor General.
It typically took 159 days for a complainant to lodge a complaint. On average, complainants waited 203103 days after the incident took place before lodging a complaint with the Commission. Complaints lodged with the RCMP averaged 97 days after the incident and, on average, 98 days with the Alberta Solicitor General.
"K" Division: Complaint Timeline Based on the Organization the Complaint Was Lodged With
The average number of days for the Commission to receive the complaint disposition from this division was 57 for Commission-lodged complaints as opposed to the 64 days it took for RCMP-lodged complaints and 26 days for Alberta Solicitor General-lodged complaints.
Complaint processing times were analyzed for each of the detachments which were identified most often in the complaints:
- On average, the Red Deer Detachment took 132 days to issue a disposition once a complaint was lodged. Typically, for these cases complainants waited 168 days after the incident date to lodge the original complaint.
- The Grande Prairie Detachment took an average of 108 days to issue a disposition once a complaint was lodged. Complainants, on average, lodged the original complaint 99 days after the incident date.
- The Wetaskiwin Detachment took, on average, 118 days to issue a disposition. Complainants waited an average of 72 days following the incident date to file the original complaint.
- The Wood Buffalo Detachment, on average, took 190 days to issue a disposition following receipt of the complaint. For these cases complainants waited an average of 171 days after the incident to lodge the complaint.
Complaint timelines were also determined by disposition type:
- To issue a Final Report it took, on average, 169 days. For these cases it generally took 211 days to elapse before a complainant lodged the original complaint that resulted in this type of disposition.
- To issue a Notice of Direction it took, on average, 71 days. For these cases, it generally took 55 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To capture a withdrawal it took, on average, 72 days. For these cases, it generally took 141 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, 51 days. For these cases, it generally took 115 days for a complainant to lodge a complaint that resulted in this type of disposition.
"K" Division: Number of Days to Issue the Disposition by Disposition Type
Complaint timelines were also determined by allegation type. For the four most common types of allegations, timelines are reported.
- Allegations of "Neglect of Duty" took, on average, 104 days for a disposition to be issued. Typically, complainants waited 224 days after the incident date to lodge the original complaint for this type of allegation.
- Allegations of "Improper Attitude" took, on average, 103 days for a disposition to be issued. Complainants, on average, lodged the original complaint 113 days after the incident date for this type of allegation.
- Allegations of "Irregularity in Procedure" took, on average, 121 days for a disposition to be issued once a complaint was lodged. On average, complainants waited 123 days to lodge the original complaint for this type of allegation.
- Allegations of "Improper Use of Force" took, on average, 183 days for a disposition to be issued once a complaint was lodged. On average, complainants waited 181 days to lodge the original complaint for this type of allegation.
It is interesting to note that within "K" Division complaints involving "Statutory Offence" allegations, on average, took the longest time (216 days) to issue dispositions by the RCMP in this division.
100 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.
101 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.
102 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.
103 The range for this average was 0 to 4,528 days. Two cases were related to incidents from 1996 which contributed to the average being skewed. 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.