Review of the RCMP's Public Complaint Records
Division Reports: 2008
O-Ontario
Complaints Received
The Commission received 24 completed complaint dispositions of which 7 (29%) were lodged with the RCMP, while 17 (71%) were lodged with the Commission.
"O" Division: Number of Complaints Based on the Organization it Was Lodged With
The average number of members named in the complaints for "O" Division was 1.5; with constables being the most frequently represented in the complaints (49%). However, in eight (8) instances (23%) the subject member's rank was not identified, which may account for more constables and/or corporals.
"O" Division: Number of Complaints by Member Rank
Allegations
A total of 46 allegations were made against members in "O" Division, which averaged about 1.9 allegations per complaint. Frequent allegations included "Neglect of Duty" (30%), "Oppressive Conduct" (30%), and "Improper Attitude" (26%).
"O" Division: Allegations Breakdown
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 typical issues raised in the complaints for "O" Division were "Attitude" (26%), "Service" (17%), and "Criminal Investigation Quality (RCMP)" (11%).
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: The primary issue identified in complaints pertaining to "Neglect of Duty" included "Service" (36%) and "Criminal Investigation Quality (RCMP)" (24%). "Oppressive Conduct" allegations included issues related to "Attitude" (24%) and "Service" (11%). For complains involving allegations of "Improper Attitude" the main issues were "Attitude" (44%) and "Service" (15%).
"O" Division: Commission-Identified Issues
| Issue |
Number of Complaints |
% |
| Aboriginal community |
1 |
2% |
| Arrest |
2 |
4% |
| Attitude |
14 |
26% |
| Civil Disputes / No Child |
1 |
2% |
| Conflict of Interest |
4 |
7% |
| Criminal Investigation Quality (RCMP) |
6 |
11% |
| Detention |
1 |
2% |
| National Security |
1 |
2% |
| Non-pursuit Police Driving |
1 |
2% |
| Policy |
2 |
4% |
| Property Mishandling |
2 |
4% |
| Release / Disclosure of Information |
4 |
7% |
| Right to Counsel |
1 |
2% |
| Seizure |
1 |
2% |
| Service |
9 |
17% |
| Vehicular Incidents |
3 |
6% |
| Witness Protection Program |
1 |
2% |
| Total |
54 |
|
Disposition of Complaints110
"O" Division: Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received from "O" Division, 50% were formally investigated and a Final Report issued. These reports made determinations on 27 allegations, the most likely of which was "Oppressive Conduct". The Final Reports did not support the complainant's allegations in 96% of the cases. Only one (1) allegation was found to be supported and it was related to "Irregularity in Procedure".
Informal Resolutions
Informal resolutions occurred in 8% of the cases. In total, three (3) allegations were informally resolved; two (2) of "Improper Attitude" and one (1) of "Oppressive Conduct".
Withdrawals
In 13% of the cases received by the Commission, the complainant withdrew the complaint. In total, six (6) allegations were withdrawn with the most likely being "Improper Attitude".
Terminations (Notice of Direction)111
In 2008, 29% of all public complaints received from "O" Division were issued a Notice of Direction, addressing ten (10) allegations. The allegation most likely to be subject to a termination paragraph was "Neglect of Duty". The most common termination paragraph invoked was (c).
"O" Division: Number of Terminated Complaint by Grounds Identified by subsection 45.36(5) of the RCMP Act
Service Standards: Complaint Processing Time112
On average, "O" Division took 89 days to issue a disposition once a complaint was lodged. This is an increase from 69 days in 2007 and is closer to the 2008 RCMP national average of 103 days. The average number of days to issue a disposition was 98 for Commission-lodged complaints as opposed to 71 days for RCMP-lodged complaints.
On average, it took 461 days for a complainant to lodge the original complaint. On average, complainants waited 522 days after the incident took place before lodging a complaint with the Commission, while complaints lodged with the RCMP averaged 332 days after the incident.113
"O" 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 16 for Commission-lodged complaints as opposed to the 21 days it took for RCMP-lodged complaints. This is in comparison to 2007, where it took, on average, 104 days for Commission-lodged complaints and 98 days for RCMP-lodged complaints.
Complaint timelines were also determined by disposition type:
- To issue a Final Report it took, on average, 146 days. For these cases, it generally took 518 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, 33 days. For these cases, it generally took 594 days for a complainant to lodge a complaint that resulted in this type of disposition.
- To capture a withdrawal it took, on average, 43 days. For these cases, it generally took 37 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, six (6) days. For these cases, it generally took 191 days for a complainant to lodge the original complaint that resulted in this type of disposition.
"O" 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 "Neglect of Duty", on average, took 66 days for a disposition to be issued. Typically, for these cases complainants waited, on average, 546 days after the incident date to lodge the original complaint for this type of allegation.
- Allegations of "Oppressive Conduct", on average, took 117 days for a disposition to be issued. Typically, for these cases complainants waited, on average, 630 days after the incident date to lodge the original complaint for this type of allegation.
- Allegations of "Improper Attitude" on average took 58 days for a disposition to be issued. Complainants, on average, lodged the original complaint 139 days after the incident date for this type of allegation.
It is interesting to note that within "O" Division complaints involving "Irregularity in Procedure" allegations, on average, took the longest time (196 days) to issue dispositions.
110 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.
111 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.
112 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.
113 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.