Review of the RCMP's Public Complaint Records
Division Reports: 2008
M-Yukon
Complaints Received
The Commission received 29 complaint dispositions from "M" Division of which 13 (45%) of the complaints were lodged with the RCMP and 16 (55%) were lodged with the Commission.
"M" Division: Number of Complaints Based on the Organization it Was Lodged With
The detachment that was identified the most often in complaint dispositions was the Whitehorse Headquarters Detachment (41%). It was found that in this detachment, eight (8) (67%) of the complaints were lodged with the Commission, while four (4) (33%) were lodged with the RCMP.
The average number of members named in the complaints for "M" Division was 1.6, with constables being the most frequently represented rank in the complaints (66%), followed by the rank of corporal (20%).
"M" Division: Number of Complaints by Member Rank
Allegations
A total of 92 allegations were made, which averaged about 3.2 allegations per complaint. It should be noted that 36 allegations were made from one complainant; another made 15 allegations. The most common allegations were "Oppressive Conduct" (20%) and "Neglect of Duty" (13%).
"M" Division: Allegations Breakdown
Allegations were further examined at the detachment level. For the Whitehorse Headquarters Detachment, the results indicate that most of the allegations related to "Neglect of Duty" (45%), followed by "Improper Attitude" (25%), and "Oppressive Conduct" (20%).
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 issue identified in the complaints for "M" Division was "Attitude" (18%), followed by "Service" (13%), and "Criminal Investigation Quality (RCMP)" (10%).
"M" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Abusive Language |
1 |
1% |
| Alcohol or Drugs (not intoxication) |
2 |
3% |
| Arrest |
6 |
8% |
| Attitude |
14 |
18% |
| Care in Custody |
1 |
1% |
| Child Abuse Response |
1 |
1% |
| Criminal Investigation Quality (RCMP) |
8 |
10% |
| Detention |
3 |
4% |
| Intoxication |
4 |
5% |
| Lethal Weapons |
1 |
1% |
| Medical Care |
1 |
1% |
| Non-lethal weapons other than chemical irritants |
1 |
1% |
| Non-spousal, Non-child Sexual Assault Response |
1 |
1% |
| Note-taking Quality |
1 |
1% |
| Police Physical Abuse |
3 |
4% |
| Police Pursuit Driving |
1 |
1% |
| Policy |
1 |
1% |
| Property Mishandling |
2 |
3% |
| Public Complaint Process Quality (RCMP) |
1 |
1% |
| Release/Disclosure of Information |
1 |
1% |
| Restraints |
1 |
1% |
| Search |
1 |
1% |
| Seizure |
2 |
3% |
| Service |
10 |
13% |
| Spousal Abuse Response |
2 |
3% |
| Vehicular Incidents |
6 |
8% |
| Youth Interaction With RCMP |
1 |
1% |
| Total |
77 |
|
Trends in the issues were also identified by detachment. For the Whitehorse Headquarters Detachment, the most common issues were the same as those for the division: "Attitude" (23%), "Service" (19%), and "Criminal Investigation Quality (RCMP)" (19%).
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 most frequently occurring allegations:
- The key issues in complaints involving allegations of "Oppressive Conduct" include "Service" (15%), "Seizure" (12%) and "Alcohol or Drugs (Not intoxication)" (11%).
- For complaints alleging "Neglect of Duty" the most common issue identified by the Commission was "Criminal Investigation Quality (RCMP)" (23%), followed by "Service" (19%), and "Spousal Abuse Response" (12%).
Disposition of Complaints107
"M" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received from "M" Division, seven (7) (24%) were formally investigated and a Final Report issued. At the detachment level, Final Reports accounted for one (1) of the 12 complaint dispositions received from the Whitehorse Detachment. These reports made determinations on 12 allegations, with the most likely being "Improper Use of Force". None of the RCMP's findings supported the complainant's allegation(s).
Informal Resolutions
Complaints were informally resolved in 34% of the dispositions received from "M" Division; the primary mode of disposing of complaints in this division. In total, 11 allegations were informally resolved, and were most likely to be allegations of "Improper Attitude".
At the detachment level, informal resolutions accounted for four (4) (33%) complaint dispositions from the Whitehorse Headquarters.
Withdrawals
In 21% of the cases, the complainant withdrew the complaint, which disposed of ten (10) allegations in total. The most likely allegation withdrawn was "Oppressive Conduct".
At the detachment level, withdrawals accounted for five (5) (42%) complaint dispositions from the Whitehorse Headquarters being the most common disposition type.
Terminations (Notice of Direction)108
In 2008, in 21% of all public complaints received from "M" Division, a Notice of Direction was issued, in which the termination paragraph (c) was specified. In total, 59 allegations were subject to termination paragraph (c); 36 of which were from the same complainant.
Service Standards: Complaint Processing Time109
In 2008, "M" Division, on average, took 62 days to issue a disposition once a complaint was lodged. This is in comparison to the RCMP national average of 103 days and an improvement from an average of 99 days in 2007. The average number of days to issue a disposition was 39 for Commission-lodged complaints as opposed to 90 days for RCMP-lodged complaints. This is in contrast to 2007 when it took, on average, 139 days for Commission-lodged complaints and 77 days for RCMP-lodged complaints.
It typically took 562 days for a complainant to lodge the original complaint. On average, complainants waited 311 days after the incident took place before lodging a complaint with the Commission, while complaints lodged with the RCMP averaged 871 days after the incident.
"M" Division: Complaint Timeline by the Organization the Complaint Was Lodged With
The average number of days for the Commission to receive the complaint disposition from this division was 13 for Commission-lodged complaints. Interestingly, this is the same average number of days for RCMP-lodged complaints. By comparison, in 2007, it took, on average, 56 days for Commission-lodged complaints and 38 days for RCMP-lodged complaints.
Complaint processing times were analyzed for the detachment with the most complaints. The Whitehorse Headquarters Detachment took 49 days to issue a disposition once a complaint was lodged. Typically, for these cases complainants waited 322 days after the incident date to lodge the original complaint.
Complaint timelines were also determined by disposition type:
- To issue a Final Report it took, on average, 67 days. For these cases, it generally took 1,556 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To issue a Notice of Direction it took, on average, 67 days. For these cases, it generally took 540 days for a complainant to lodge the original complaint that resulted in this type of disposition.
- To capture a withdrawal it took an average of 26 days. For these cases, it generally took 47 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, 76 days. For these cases, it generally took 189 days for a complainant to lodge the original complaint that resulted in this type of disposition.
"M" Division: Number of Days to Issue the Disposition by Disposition Type
Complaint timelines were also determined by allegation type. For the most common types of allegations, timelines are reported:
- Allegations of "Oppressive Conduct", on average, took 104 days for a disposition to be issued once a complaint was lodged. On average, complainants waited 380 days to lodge the original complaint for this type of allegation.
- Allegations of "Neglect of Duty" typically took, on average, 55 days for a disposition to be issued. Complainants waited, on average, 365 days after the incident date to file the original complaint for this type of allegation.
It is interesting to note that within "M" Division, complaints involving "Mishandling of Property" allegations, on average, took the longest time (114 days) to issue dispositions.
107 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.
108 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.
109 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.