Review of the RCMP's Public Complaint Records
Part One: Quantitative Analysis of Complaint Disposition
Since the Commission is unable to precisely account for how many complaint dispositions14 the RCMP has issued at any given moment, or how many complaints have been lodged in total, the Commission must rely on the RCMP to provide the complaint dispositions in a timely fashion in order for the database to be as complete as possible. Given the nature of the public complaint system and the time involved with investigations, the Commission will likely continue to receive complaint dispositions for complaints lodged in 2008 well into 2009, and 2010. This report only analyzes public complaints for which the RCMP has made a decision: a completed complaint disposition.
Further, some of the raw numbers are very small due to the limited number of complaint dispositions submitted by some divisions. Due to this small population size, the ability of the Commission to draw conclusions or provide more fulsome analyses is limited.
Due to these above-mentioned factors, the data included in this report cannot, and does not, reflect all complaints lodged by the public, or complaints investigated by the RCMP, in 2008.
Received Complaints
The data collected for 2008 is based on all completed complaint records received before July 1, 2009,15 with a complaint date between January 1, 2008 and December 31, 2008.16 The Commission received 1,829 completed complaint dispositions relating to complaints lodged within the 2008 timeframe but has been advised by the RCMP that 2,375 complaints17 were lodged in that year; therefore, approximately 23% of 2008 complaints remained outstanding at the time this report was written.
The Pacific Region18 had the most complaints (814) representing 45% of the total, while the Northwest Region19 had 692 (38%); the Central Region20 had 64 (3%); and the Atlantic Region21 had 259 (14%). Although the number of completed complaints received by the Commission increased in 2008; the distribution throughout the Regions remained consistent from the previous year.
Figure 2: Number of Complaints by Region
Of those complaints, 1,238 were lodged with the Commission (68%) while 583 were lodged with the RCMP (32%).22 With respect to Commission-lodged complaints this represents an 8% increase from 2007; and a 7% decrease for the RCMP.
Figure 3: Number of Complaints Based on the Organizations it Was Lodged With
From a regional perspective, complainants in the Pacific Region appeared to favour lodging complaints with the Commission (77%), while complaints lodged with the RCMP accounted for only 23%. This is an 11% increase from 200723 in favour of the Commission. This breakdown could be attributed to the increased presence of the Commission in this region, as the national complaint intake office is located in Surrey, BC.
In the Northwest Region, 60% of the total complaints were lodged with the Commission, 39% were lodged with the RCMP, and 1% was lodged with other organizations.24 In 2007, 59% of the complaints were lodged with the Commission, 40% were lodged with the RCMP and 1% was lodged with the FSIN.25
In the Central region, 61% of the total complaints were lodged with the Commission, while 39% of complaints were lodged with the RCMP. As with the Atlantic Region, there is a change in the statistics related to where complainants lodged their complaints; numbers in 2007 were evenly spilt between the two organizations.
In the Atlantic Region, 60% of the total complaints were lodged with the Commission, while 40% of the total were lodged with the RCMP. This is an increase from the 2007 complaints where there was an even split between the two organizations.
Figure 4: Regional Breakdown: Number of Complaints Based on the Organization it Was Lodged With
Occasionally, the Commission received a complaint against a whole detachment. In 2008, the Commission received 102 of these; the region most likely to have complaints against a whole detachment was the Pacific Region, which represented 6% of its total complaints. A further eleven (11) separate complaints were against the RCMP in general.
The average number of members named in a complaint was 1.5. Given that most front-line policing within the RCMP is done by constables and corporals, it is not surprising that constables were represented in 74% of the total complaints. The rank of corporal was represented in 12% of the public complaints and sergeants were represented in 6% of the complaints. There was little statistical difference between the figures in 2007 and 2008.
Allegations26
A total of 4,511 allegations, an increase from 3,104 in 2007, were made against the RCMP and its members, which averaged approximately 2.5 allegations per complaint. The most common complaint allegations as identified by the RCMP were "Neglect of Duty" (29%), "Improper Attitude" (22%) and "Improper Use of Force" (10%).
Figure 5: Allegations Breakdown Force-Wide
The three most common complaint allegations identified by the RCMP in the Pacific Region were "Neglect of Duty" (30%), "Improper Attitude" (22%) and "Improper Use of Force" (12%).
In the Northwest Region, the three most common complaint allegations were "Neglect of Duty" (29%), "Improper Attitude" (21%) and "Irregularity in Procedure" (11%).
In the Central Region the most common allegations were "Neglect of Duty" (25%), "Improper Attitude" (24%), and "Oppressive Conduct" (22%).
In the Atlantic Region the most common allegations were "Neglect of Duty" (29%), "Improper Attitude" (22%), and "Irregularity in Procedure" and "Oppressive Conduct" at 12% each.
Table 1: Allegations Breakdown by Region
| |
Pacific |
Northwest |
Central |
Atlantic |
Total |
| Allegation |
n |
% |
n |
% |
n |
% |
n |
% |
n |
% |
| A. Improper Attitude |
441 |
22% |
359 |
21% |
30 |
24% |
150 |
22% |
980 |
22% |
| B. Improper Use of Force |
227 |
12% |
186 |
11% |
0 |
0% |
57 |
8% |
470 |
10% |
| C. Improper Use of Firearms |
20 |
1% |
16 |
1% |
0 |
0% |
1 |
0% |
37 |
1% |
| D. Irregularity in Procedure |
138 |
7% |
189 |
11% |
16 |
13% |
82 |
12% |
425 |
9% |
| E. Driving Irregularity |
23 |
1% |
21 |
1% |
4 |
3% |
6 |
1% |
54 |
1% |
| F. Neglect of Duty |
591 |
30% |
503 |
29% |
31 |
25% |
199 |
29% |
1,324 |
29% |
| G. Statutory Offence |
12 |
1% |
96 |
6% |
3 |
2% |
7 |
1% |
118 |
3% |
| H. Mishandling of Property |
49 |
2% |
45 |
3% |
1 |
1% |
7 |
1% |
102 |
2% |
| I. Irregularity – Evidence |
17 |
1% |
19 |
1% |
0 |
0% |
8 |
1% |
44 |
1% |
| J. Oppressive Conduct |
120 |
6% |
78 |
4% |
28 |
22% |
82 |
12% |
308 |
7% |
| K. Improper Arrest |
134 |
7% |
95 |
5% |
5 |
4% |
32 |
5% |
266 |
6% |
| L. Improper Persons/Vehicles Search |
62 |
3% |
31 |
2% |
1 |
1% |
12 |
2% |
106 |
2% |
| M. Improper Search of Premises |
74 |
4% |
42 |
2% |
2 |
2% |
11 |
2% |
129 |
3% |
| N. Policy |
24 |
1% |
19 |
1% |
0 |
0% |
1 |
0% |
44 |
1% |
| O. Equipment |
4 |
0% |
6 |
0% |
2 |
2% |
1 |
0% |
13 |
0% |
| P. Service |
29 |
1% |
35 |
2% |
2 |
2% |
20 |
3% |
86 |
2% |
| Q. Other |
3 |
0% |
1 |
0% |
1 |
1% |
0 |
0% |
5 |
0% |
| Total |
1,968 |
|
1,741 |
|
126 |
|
676 |
|
4,511 |
|
The categorization of allegations can further be broken down into those complaints lodged with the Commission and those lodged with the RCMP. The allegations lodged with the Commission represent 72% of total allegations and those lodged with the RCMP represent 28%. This is in comparison to 2007 when allegations lodged with the Commission accounted for 64% and those lodged with the RCMP represented 36%.27
Table 2: Allegations Breakdown by Where Complaints Were Lodged
| |
CPC |
RCMP |
FSIN |
Alberta Solicitor General |
Total |
| Allegations |
N |
% |
N |
% |
N |
% |
N |
% |
N |
| A. Improper Attitude |
637 |
65.0% |
342 |
34.9% |
0 |
0.0% |
1 |
0.1% |
979 |
| B. Improper Use of Force |
262 |
55.7% |
203 |
43.2% |
4 |
0.9% |
1 |
0.2% |
469 |
| C. Improper Use of Firearms |
26 |
70.3% |
11 |
29.7% |
0 |
0.0% |
0 |
0.0% |
37 |
| D. Irregularity in Procedure |
321 |
75.5% |
102 |
24.0% |
0 |
0.0% |
2 |
0.5% |
423 |
| E. Driving Irregularity |
31 |
57.4% |
23 |
42.6% |
0 |
0.0% |
0 |
0.0% |
54 |
| F. Neglect of Duty |
1,092 |
82.5% |
227 |
17.1% |
3 |
0.2% |
2 |
0.2% |
1,322 |
| G. Statutory Offence |
57 |
48.3% |
60 |
50.8% |
0 |
0.0% |
1 |
0.8% |
117 |
| H. Mishandling of Property |
78 |
76.5% |
24 |
23.5% |
0 |
0.0% |
0 |
0.0% |
102 |
| I. Irregularity – Evidence |
38 |
86.4% |
6 |
13.6% |
0 |
0.0% |
0 |
0.0% |
44 |
| J. Oppressive Conduct |
214 |
69.5% |
94 |
30.5% |
0 |
0.0% |
0 |
0.0% |
308 |
| K. Improper Arrest |
179 |
67.3% |
87 |
32.7% |
0 |
0.0% |
0 |
0.0% |
266 |
| L. Improper Persons/Vehicles Search |
86 |
81.1% |
20 |
18.9% |
0 |
0.0% |
0 |
0.0% |
106 |
| M. Improper Search of Premises |
110 |
85.3% |
19 |
14.7% |
0 |
0.0% |
0 |
0.0% |
129 |
| N. Policy |
40 |
90.9% |
4 |
9.1% |
0 |
0.0% |
0 |
0.0% |
44 |
| O. Equipment |
7 |
53.8% |
6 |
46.2% |
0 |
0.0% |
0 |
0.0% |
13 |
| P. Service |
65 |
75.6% |
21 |
24.4% |
0 |
0.0% |
0 |
0.0% |
86 |
| Q. Other |
5 |
100.0% |
0 |
0.0% |
0 |
0.0% |
0 |
0.0% |
5 |
| Total |
3,248 |
|
1,249 |
|
7 |
|
7 |
|
4,504 |
| Percentage of Total |
72.1% |
|
27.7% |
|
0.2% |
|
0.2% |
|
|
Unlike 2007 where allegations of "Driving Irregularity", "Equipment", and "Improper Persons/Vehicles Search" were most likely to be lodged with the RCMP, in 2008, with the exception of "Statutory Offences" allegations (51%), all other allegation types were most likely to be lodged with the Commission. Further, nine (9) of the seventeen allegation types had allegations made to the Commission, 75% or more of the time. These are: "Irregularity in Procedure" (75%); "Neglect of Duty" (83%); "Mishandling of Property" (76%); "Irregularity-Evidence" (86%); "Improper Persons/Vehicles Search" (81%); "Improper Search of Premises" (85%); "Policy" (91%); "Service" (76%); and "Other" (100%).
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.28 The most common issues that were raised in the complaints were "Attitude"29 (16%), "Service" (12%), "Criminal Investigation Quality" (9%), "Vehicular Incidents" (8%) and issues with "Arrest" (8%). There was no statistically significant difference between the figures from 2007 to 2008, as the types of issues raised in the dispositions appear to be consistent from one year to the next.
Once the RCMP has received a complaint, there are four ways that a complaint can be resolved: A complaint can be investigated and a Final Report issued; the complainant can agree to an informal resolution; the complainant can request to withdraw the complaint; or the complaint can be terminated under limited provisions identified in the RCMP Act.
In its handling of complaints, the RCMP issued a Final Report (RCMP) in 43% of the cases, entered into an informal resolution in 34% of all cases, issued a Notice of Direction (termination) 6% of the time, and accepted a complaint withdrawal in 16% of the cases.
Interestingly, in the previous year (2007), the RCMP issued a Final Report in 46% of the cases; issued a Notice of Direction (termination) in 11% of the cases; entered into an informal resolution 30% of the time and accepted a complaint withdrawal in 13% of the cases.
Figure 8: Number of Complaints by Disposition Type: Force-Wide
The regional breakdowns for complaint dispositions are as follows:
Figure 9: Regional Breakdown – Number of Complaints by Disposition Type
Investigation and Final Report
Of the complaint dispositions the Commission received, 785 were formally investigated and a Final Report31 was issued, representing 43% of the total dispositions. These reports made determinations on 2,412 allegations, with allegations of "Statutory Offence", "Improper Use of Force", and "Improper Arrest" most likely to be disposed of in this manner.
However, when looking at the allegations that were investigated across the country, only 10% were found supported by the RCMP. For the allegation categories that were most likely to be disposed of through a Final Report by the RCMP, the RCMP did not support the allegation between 91% and 98% of the time.32 It is of note that among the allegations that are most likely to be unsupported by the RCMP were "Improper Use of Force" (98% unsupported) and "Oppressive Conduct" (96% unsupported). With respect to serious allegations ("Improper Use of Force", Improper Use of a Firearm" and "Statutory Offence") the RCMP supported 12 of the 406 allegations made or 2.9% of these kinds of allegations. The allegations that were most likely to be supported related to "Service" (45% supported) and "Improper Attitude" (15% supported).
From a regional perspective, the Pacific Region issued a Final Report in 39% of the cases, a decrease from 41% in 2007 and also marginally below the Force average. Of the 942 allegations made, the ones most likely to be disposed of in this manner were "Improper Search of Premises" and "Improper Use of Force". However, when looking at the allegations that were supported and unsupported, it was discovered that only 8% of the total 925 allegations were supported. These supported allegations were most likely to be related to "Improper Attitude" (14% supported) and "Neglect of Duty" (10% supported); while allegations relating to "Improper Use of Firearms" (100% unsupported), "Driving Irregularity" (100% unsupported), "Mishandling of Property" (100% unsupported), and "Improper Use of Force" (99% unsupported) were most likely to be unsupported.
The Northwest Region issued a Final Report in 39% of the cases, which is a decrease from 44% in 2007 and marginally below the Force-wide average. Of the 898 allegations, the ones most likely to be disposed of through a Final Report were "Statutory Offence" and "Improper Persons/Vehicles Search." However, when looking at the allegations that were supported and unsupported, it was found that 13% of the total 879 allegations were supported. These supported allegations were most likely to be related to "Service" (55% supported), "Driving Irregularity" (31% supported), and "Improper Attitude" (18% supported); while allegations relating to "Improper Persons/Vehicles Search" (100% unsupported), "Improper Search of Premises" (100% unsupported), "Irregularity in Evidence" (100% unsupported), and "Improper Use of Force" (97% unsupported) were most likely to be unsupported.
The Central Region issued a Final Report in 63% of the cases, well above the Force-wide average. This is only a slight decrease from 64% in 2007. These Final Reports addressed 85 allegations with "Oppressive Conduct" and "Irregularity in Procedure" most likely to be disposed on in this manner. However, in comparing the allegations that were supported and unsupported, it was found that only 7% of these 82 allegations were supported. These supported allegations were most likely to be related to "Improper Attitude" (18% supported); while allegations relating to "Oppressive Conduct" were most likely to be unsupported (100%).
The Atlantic Region issued a Final Report in 61% of the cases, which is also well above the Force-wide average. This is an increase from 58% in 2007. Of the 487 allegations, the ones most likely to be disposed of through a Final Report were "Improper Persons/Vehicles Search", "Improper Search of Premises", "Neglect of Duty" and "Oppressive Conduct". However, when looking at the allegations that were supported and unsupported, it was found that only 9% of the total 473 allegations were supported. These supported allegations were most likely to be related to "Improper Search of Premises" (67% supported), and "Service" (40% supported); while allegations relating to "Improper Persons/Vehicles Search" (100% unsupported), "Oppressive Conduct" (98% unsupported), and "Improper Use of Force" (98% unsupported) were most likely to be unsupported.
Table3: Allegations Breakdown for Final Reports 33
| |
Pacific |
Northwest |
Central |
Atlantic |
Total |
| |
n |
% |
n |
% |
n |
% |
n |
% |
n |
% |
| A. Improper Attitude |
170 |
18% |
138 |
15% |
17 |
20% |
94 |
19% |
419 |
17% |
| B. Improper Use of Force |
146 |
15% |
117 |
13% |
0 |
0% |
40 |
8% |
303 |
13% |
| C. Improper Use of Firearms |
11 |
1% |
9 |
1% |
0 |
0% |
1 |
0% |
21 |
1% |
| D. Irregularity in Procedure |
79 |
8% |
101 |
11% |
12 |
14% |
55 |
11% |
247 |
10% |
| E. Driving Irregularity |
11 |
1% |
13 |
1% |
3 |
4% |
5 |
1% |
32 |
1% |
| F. Neglect of Duty |
281 |
30% |
266 |
30% |
20 |
24% |
156 |
32% |
723 |
30% |
| G. Statutory Offence |
6 |
1% |
82 |
9% |
0 |
0% |
6 |
1% |
94 |
4% |
| H. Mishandling of Property |
20 |
2% |
19 |
2% |
1 |
1% |
3 |
1% |
43 |
2% |
| I. Irregularity – Evidence |
5 |
1% |
12 |
1% |
0 |
0% |
4 |
1% |
21 |
1% |
| J. Oppressive Conduct |
47 |
5% |
29 |
3% |
21 |
25% |
63 |
13% |
160 |
7% |
| K. Improper Arrest |
81 |
9% |
56 |
6% |
5 |
6% |
23 |
5% |
165 |
7% |
| L. Improper Persons/Vehicles Search |
22 |
2% |
20 |
2% |
1 |
1% |
11 |
2% |
54 |
2% |
| M. Improper Search of Premises |
49 |
5% |
17 |
2% |
1 |
1% |
9 |
2% |
76 |
3% |
| N. Policy |
7 |
1% |
6 |
1% |
0 |
0% |
1 |
0% |
14 |
1% |
| O. Equipment |
3 |
0% |
2 |
0% |
2 |
2% |
1 |
0% |
8 |
0% |
| P. Service |
4 |
0% |
10 |
1% |
1 |
1% |
15 |
3% |
30 |
1% |
| Q. Other |
3 |
0% |
1 |
0% |
1 |
1% |
0 |
0% |
5 |
0% |
| Total |
945 |
100% |
898 |
100% |
85 |
100% |
487 |
100% |
2,415 |
100% |
Table 4: Supported or Unsupported Allegations
| |
Supported |
Unsupported |
Total |
| Allegation |
N |
% |
N |
% |
N |
| A. Improper Attitude |
59 |
14.8% |
340 |
85.2% |
399 |
| B. Improper Use of Force |
7 |
2.4% |
288 |
97.6% |
295 |
| C. Improper Use of Firearms |
0 |
0.0% |
21 |
100.0% |
21 |
| D. Irregularity in Procedure |
24 |
10.0% |
215 |
90.0% |
239 |
| E. Driving Irregularity |
4 |
12.5% |
28 |
87.5% |
32 |
| F. Neglect of Duty |
81 |
11.2% |
643 |
88.8% |
724 |
| G. Statutory Offence |
5 |
5.6% |
85 |
94.4% |
90 |
| H. Mishandling of Property |
2 |
4.9% |
39 |
95.1% |
41 |
| I. Irregularity – Evidence |
0 |
0.0% |
21 |
100.0% |
21 |
| J. Oppressive Conduct |
7 |
4.5% |
149 |
95.5% |
156 |
| K. Improper Arrest |
15 |
9.3% |
146 |
90.7% |
161 |
| L. Improper Persons/Vehicles Search |
2 |
3.7% |
52 |
96.3% |
54 |
| M. Improper Search of Premises |
7 |
9.6% |
66 |
90.4% |
73 |
| N. Policy |
3 |
20.0% |
12 |
80.0% |
15 |
| O. Equipment |
1 |
16.7% |
5 |
83.3% |
6 |
| P. Service |
14 |
45.2% |
17 |
54.8% |
31 |
| Q. Other |
0 |
0.0% |
4 |
100.0% |
4 |
| Total |
231 |
|
2,131 |
|
2,362 |
Informal Resolutions
Pursuant to section 45.36 of the RCMP Act, a public complaint against the RCMP can be disposed of informally when the consent of both parties involved is obtained. Informal resolutions are documented on Form 411034 and the RCMP must "ensure that Section 8 contains sufficient information that outlines what action was taken in response to the complaint, exactly what the parties agreed to and that it is signed by both parties (emphasis added)." Both parties would include, in this instance, the complainant and the member35/ RCMP. Unfortunately, there appears to be little compliance with the intent of informal resolutions to the extent that it is often difficult to determine how a resolution was achieved and if both parties have agreed to the outcome.
Informal resolutions accounted for the second most common way to dispose of a complaint with 629 dispositions representing 34% of the total dispositions examined; an increase from 30% in 2007.36 Of the 1,191 allegations identified, those relating to "Policy", "Improper Attitude", "Service", and "Driving Irregularity" were most likely to be informally resolved.
From a regional perspective the Pacific Region resolved 37% of their public complaints in this manner, dealing with 565 allegations in total. This is an increase from the 35% of complaints that were informally resolved in 2007. Allegations most likely to result in an informal resolution were "Service" and "Policy".
The Northwest Region informally resolved 39% of their public complaints, which dealt with 521 allegations in total. In contrast, in 2007, this region informally resolved 31% of their public complaints in this manner. Allegations most likely to be resolved informally were "Policy" and "Improper Attitude".
The Central Region, in 2008, informally resolved only 6% of their public complaints, well below the Force-wide average or the averages of other regions. In 2007, the Region disposed of 9% of its complaints in this manner. Only seven (7) total allegations were addressed by this type of disposition. The allegations that were informally resolved for this region were three (3) allegations of "Improper Attitude", one (1) allegation of "Driving Irregularity", two (2) allegations of "Neglect of Duty", and one (1) allegation of "Oppressive Conduct".
The Atlantic Region informally resolved 20% of their public complaints in this manner, which dealt with 98 allegations in total. This is a slight decrease from 21% in 2007. Allegations most likely to be resolved informally were "Improper Attitude", "Service", and "Improper Use of Force".
Table 5: Allegations Breakdown for Informal Resolutions37
| |
Pacific |
Northwest |
Central |
Atlantic |
Total |
| |
n |
% |
n |
% |
n |
% |
n |
% |
n |
% |
| A. Improper Attitude |
180 |
32% |
175 |
34% |
3 |
43% |
40 |
41% |
398 |
33% |
| B. Improper Use of Force |
26 |
5% |
27 |
5% |
0 |
0% |
10 |
10% |
63 |
5% |
| C. Improper Use of Firearms |
3 |
1% |
4 |
1% |
0 |
0% |
0 |
0% |
7 |
1% |
| D. Irregularity in Procedure |
27 |
5% |
57 |
11% |
0 |
0% |
14 |
14% |
98 |
8% |
| E. Driving Irregularity |
10 |
2% |
8 |
2% |
1 |
14% |
1 |
1% |
20 |
2% |
| F. Neglect of Duty |
175 |
31% |
132 |
25% |
2 |
29% |
16 |
16% |
325 |
27% |
| G. Statutory Offence |
3 |
1% |
5 |
1% |
0 |
0% |
0 |
0% |
8 |
1% |
| H. Mishandling of Property |
15 |
3% |
13 |
2% |
0 |
0% |
0 |
0% |
28 |
2% |
| I. Irregularity – Evidence |
5 |
1% |
1 |
0% |
0 |
0% |
1 |
1% |
7 |
1% |
| J. Oppressive Conduct |
39 |
7% |
23 |
4% |
1 |
14% |
9 |
9% |
72 |
6% |
| K. Improper Arrest |
26 |
5% |
29 |
6% |
0 |
0% |
3 |
3% |
58 |
5% |
| L. Improper Persons/Vehicles Search |
16 |
3% |
8 |
2% |
0 |
0% |
0 |
0% |
24 |
2% |
| M. Improper Search of Premises |
13 |
2% |
14 |
3% |
0 |
0% |
0 |
0% |
27 |
2% |
| N. Policy |
11 |
2% |
10 |
2% |
0 |
0% |
0 |
0% |
21 |
2% |
| O. Equipment |
1 |
0% |
2 |
0% |
0 |
0% |
0 |
0% |
3 |
0% |
| P. Service |
15 |
3% |
13 |
2% |
0 |
0% |
4 |
4% |
32 |
3% |
| Q. Other |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| Total |
565 |
100% |
521 |
100% |
7 |
100% |
98 |
100% |
1191 |
100% |
Informal Resolution of Improper Use of Force Complaints
The Commission remains concerned that the RCMP has continued to informally resolve serious allegations and those involving "Improper Use of Force". This severely undermines the public complaint process and limits the effectiveness of police oversight, as the complainant is barred from accessing the review process. While there may be incidents when it is appropriate to informally resolve seemingly serious allegations involving "Improper Use of Force" (as they, in fact, turn out not to be serious); in general, the very nature of this type of allegation is not conducive to this type of resolution. Some of the informal resolutions for "Improper Use of Force" have involved the alleged deployment or threatened deployment of a conducted energy weapon, the use of pepper spray, the improper use of a firearm and/or descriptions of substantial injuries sustained during interactions with the RCMP.
Clearly, in these cases the Commission does not believe that these allegations should be informally resolved because they involve weapons and/or injuries and therefore, should be investigated. In accordance with RCMP policy AM XII.2 – Public Complaints, a public complaint cannot be disposed of informally if:
- a complaint alleges serious misconduct; or
- a situation involves a subject member being arrested or a warrant to arrest being issued.
During the analysis of the documents related to the Review of the Record, the Commission noticed that 6% of the total informal resolutions dealt with allegations of "Improper Use of Force" and that 13% of all use of force allegations resulted in an informal resolution. Further broken down, 59% of all allegations of "Improper Use of Force" that were informally resolved were disposed of in a manner that the Commission deemed inappropriate given the circumstances provided for in the disposition. Improper resolutions for complaints that included these types of allegations were most likely to occur in "J" and "E" Divisions; however, "J" Division appeared to have the most informal resolutions of "Improper Use of Force" with 33% of these allegations being resolved in this manner.
An example of a complaint which was informally resolved involved the allegation that a member kicked the complainant in the face while in handcuffs.38 The Commission also received an informally resolved complaint which alleged excessive force during an arrest. The member who oversaw the informal resolution apparently conceded that the force was unnecessary and apologized on behalf of the member. The presence of findings regarding member conduct made by those involved with the informal process causes the Commission concern, as does the fact that in the above-mentioned case there was no indication that the member was involved in the informal process.
Over the course of this project, when the Commission received information that an "Improper Use of Force" allegation had been informally resolved, either a request was made to the RCMP for further information to determine the seriousness of the allegation or the RCMP was advised that given the information on the Form 4110 an informal resolution was not the most appropriate disposition and recommended an investigation. Details of the RCMP's response to these requests are provided in the Follow-Up section of this report.
Withdrawals
There are occasions when a complainant wishes to withdrawn their complaint; a request to withdraw a complaint can be done at any time during the public complaint process. According to RCMP policy, the withdrawal of a complaint is to be captured on Form 4110 and the reason for the withdrawal is to be clearly documented in Section 8. According to RCMP policy, a complainant who believes that the RCMP is corrupt or that nothing good will come of the complaint is not considered to be a valid reason to withdraw a complaint. In addition, RCMP policy and guidelines state that there must be "unequivocal evidence of the complainant's wish to withdraw [...]." It should be noted that the RCMP is not obligated to accept a request to withdraw a complaint, especially if it is deemed that doing so would not be in the best interest of the public complaint system.
Force-wide, withdrawal of public complaints accounted for 16% of all dispositions; this is an increase from 13% in 2007. Of the 633 total allegations, those mostly likely to be withdrawn were "Improper Use of Firearms", "Service" and "Mishandling of Property".
From a regional perspective, the Pacific Region disposed of 17% of their total public complaints in this manner; an increase from 14% in 2007. Of the 323 total allegations, those most likely to be withdrawn were "Improper Use of Firearms" and "Service".
The Northwest Region disposed of 16% of their total public complaints in this manner; this is an increase from 14% in 2007. Of the 221 total allegations, those most likely to be withdrawn were "Improper Search of Premises" and "Service".
The Central Region disposed of 13% of their total public complaints in this manner (8 complaints). This is an increase from 4% in 2007 but may be explained by the nature of complaints this division receives and the limited pool of dispositions. Of the 13 total allegations those most likely to be withdrawn were "Improper Attitude" and "Oppressive Conduct".
The Atlantic Region disposed of 15% of their total public complaints in this manner; this is an increase from 11% in 2007. Of the 76 total allegations, those most likely to be withdrawn were "Improper Arrest" and "Improper Search of Premises".
It is interesting to note that all Regions reported an increase in the number of withdrawals accepted in 2008; however, the Commission remains concerned with these statistics for a variety of reasons: there is evidence that informal resolutions are being improperly classified as withdrawals; there is limited documentation with respect to this type of disposition; and complainants are barred from accessing the review process thereby circumventing the public complaint process and undermining police oversight and accountability. While it currently remains unclear as to why there was an increase with this disposition type across all Regions, such an increase coupled with the concerns over the execution of withdrawals in general could point to a decline in transparency and accountability within the RCMP public complaint system.
Table 6: Allegations Breakdown for Withdrawn Complaints39
| |
Pacific |
Northwest |
Central |
Atlantic |
Total |
| |
n |
% |
n |
% |
n |
% |
n |
% |
n |
% |
| A. Improper Attitude |
81 |
25% |
38 |
17% |
5 |
38% |
13 |
17% |
137 |
22% |
| B. Improper Use of Force |
33 |
10% |
33 |
15% |
0 |
0% |
6 |
8% |
72 |
11% |
| C. Improper Use of Firearms |
6 |
2% |
3 |
1% |
0 |
0% |
0 |
0% |
9 |
1% |
| D. Irregularity in Procedure |
19 |
6% |
21 |
10% |
1 |
8% |
12 |
16% |
53 |
8% |
| E. Driving Irregularity |
2 |
1% |
0 |
0% |
0 |
0% |
0 |
0% |
2 |
0% |
| F. Neglect of Duty |
100 |
31% |
71 |
32% |
3 |
23% |
21 |
28% |
195 |
31% |
| G. Statutory Offence |
3 |
1% |
4 |
2% |
0 |
0% |
1 |
1% |
8 |
1% |
| H. Mishandling of Property |
9 |
3% |
6 |
3% |
0 |
0% |
3 |
4% |
18 |
3% |
| I. Irregularity – Evidence |
0 |
0% |
4 |
2% |
0 |
0% |
1 |
1% |
5 |
1% |
| J. Oppressive Conduct |
15 |
5% |
9 |
4% |
3 |
23% |
9 |
12% |
36 |
6% |
| K. Improper Arrest |
23 |
7% |
8 |
4% |
0 |
0% |
6 |
8% |
37 |
6% |
| L. Improper Persons/Vehicles Search |
13 |
4% |
1 |
0% |
0 |
0% |
1 |
1% |
15 |
2% |
| M. Improper Search of Premises |
6 |
2% |
11 |
5% |
0 |
0% |
2 |
3% |
19 |
3% |
| N. Policy |
2 |
1% |
2 |
1% |
0 |
0% |
0 |
0% |
4 |
1% |
| O. Equipment |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| P. Service |
8 |
3% |
10 |
5% |
1 |
8% |
1 |
1% |
20 |
3% |
| Q. Other |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| Total |
320 |
100% |
221 |
100% |
13 |
100% |
76 |
100% |
630 |
100% |
Serious Allegations Withdrawn
As in 2007, the Commission has noticed that complainants' requests for withdrawals relating to serious allegations have been accepted by the RCMP with little or no explanation as to the reason for the request. It is the position of the Commission that serious allegations, especially incidents involving weapons or injury, should typically not be allowed to be withdrawn, as it undermines the integrity of the public complaint process and is unfair to both members and complainants. Refusal to accept a request for withdrawal under these circumstances would appear to be the most appropriate response. The RCMP should investigate these complaints to the best of their ability, as other disposition types are available should the complainant choose not to participate in the public complaint process.
Of all 2008 withdrawn complaints, 17% of them included 'serious' allegations – these being "Improper Use of Force", "Improper Use of Firearms", and "Statutory Offences". Withdrawn complaints containing serious allegations accounted for nearly 3% of the total complaints for 2008.
Figure 10: Type of Serious Allegations Withdrawn
In 2008, there were 50 complaints capturing serious allegations that were purportedly withdrawn by the complainant. These complaints often included multiple but related allegations, 90 in total, which the Commission also deemed serious in nature. Some of these allegations included, but were not limited to: "Neglect of Duty", "Improper Attitude", and most notably, "Improper Arrest".
Terminations (Notice of Direction)40
A Notice of Direction is issued when the RCMP decides not to investigate a complaint or that the investigation into a complaint should be terminated. 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: Essentially, the Commission believes a termination should not apply to a public complaint investigation if there is sufficient information to properly address the complaint in a Final Report.
A brief description of the termination paragraphs and under what circumstances they should be applied is described below:
Paragraph 45.36(5)(a)
Under paragraph 45.36(5)(a) of the Act, the RCMP may direct that no investigation be conducted or that an investigation be terminated if "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."
This paragraph is often applied when the complainant is involved in a related criminal proceeding which is ongoing. It is generally not reasonable to assume that a criminal proceeding designed to examine the conduct of the complainant will also examine the member conduct complained of, unless there is some information to the contrary. Therefore, the RCMP must ensure that it is reasonable to assume that the ongoing criminal proceeding will deal with each allegation identified in the public complaint.
A more appropriate use of this paragraph would be in the context of complaints relating to the improper disclosure of information, for example, when processes under the Privacy Act may be invoked to deal directly with the complaint allegation. It should be noted that civil proceedings and coroners' inquests, in particular, are not processes provided under federal statutes, and therefore this paragraph should not be applied.
Paragraph 45.36(5)(b)
Under paragraph 45.36(5)(b) of the Act, the Commissioner may direct that no investigation be conducted or that an investigation be terminated if, "the complaint is trivial, frivolous, vexatious or made in bad faith." An RCMP directive states as follows:
A complaint is trivial when, on its face, it is of no consequence. A complaint is frivolous when, on its face, it is devoid of substance. A complaint is vexatious when it involves a repetition of unsubstantiated complaints from the same person, all of which share a common theme. A complaint is made in bad faith when it is made dishonestly for an improper purpose. Bad faith normally requires the presence of two elements: firstly the desire to achieve an improper purpose and, secondly, an act of an improper nature furthering the improper purpose.
This paragraph should be invoked only where the allegations contain no substantial or compelling factual basis, where no rational argument is possible, and/or where each aspect of the allegation has been the subject of a previous public complaint by the same complainant. However, it should be noted that what may be trivial to one person may be quite important to another. Therefore, the investigator's subjective view of the complaint or complainant should not be a factor when deciding to apply this paragraph.
Paragraph 45.36(5)(c)
Paragraph 45.36(5)(c) is the most often applied paragraph. The RCMP may direct that no investigation be conducted or that an investigation be terminated if, "having regard to all the circumstances, investigation is not necessary or reasonably practicable."
Examples of terminations invoking this paragraph, and which have been found to be reasonable, include cases in which the complainant was incapable of providing any information that could provide the basis for further investigation within the public complaint process. However, an investigation should not be terminated only on the basis of the reluctance of the complainant to provide a statement as, in many cases, the initial complaint often provides sufficient information to conduct a thorough investigation. A termination will also be reasonable under this paragraph where the conduct complained of involved an individual who was not an RCMP member.
Quantitative Analysis of Terminations
In 2008, 6% of all public complaints, representing 275 allegations, were terminated by the RCMP; not surprisingly, the most common grounds for termination were paragraph (c), "investigation or further investigation is not necessary or reasonably practicable" (often perceived to be the "catch-all" termination provision). The allegation types that were most likely terminated, as opposed to any other types of disposition, were "Irregularity – Evidence", "Equipment", and "Oppressive Conduct".
Figure 11: Number of Terminated Complaints by Grounds Identified in subsection 45.36(5) of the RCMP Act
From a regional perspective, the Pacific Region disposed of 6% of its total public complaints through terminations, which addressed 138 total allegations. This is a decrease from 11% in 2007. Allegations most likely to be the subject of a termination paragraph were "Irregularity – Evidence" and "Improper Persons/Vehicles Search". The grounds for termination most likely to be identified in the Pacific Region were paragraph (c).
The Northwest Region disposed of 6% of its total public complaints through terminations, which addressed 101 allegations. This is a decrease from 11% in 2007. Allegations most likely to be the subject of a termination paragraph were "Oppressive Conduct" and "Mishandling of Property". The grounds for termination most likely to be invoked in the Northwest Region were paragraph (c).
The Central Region disposed of 19% of its total public complaints through terminations, which addressed 21 allegations. This is far above the Force-wide average, but a decrease from 25% in 2007. Allegations most likely to be the subject of a termination paragraph were "Neglect of Duty" and "Irregularity in Procedure". The grounds for termination most likely to be identified in the Central Region were paragraph (c).
The Atlantic Region disposed of 4% of its total public complaints through terminations, which addressed 15 total allegations. This is a decrease from 9% in 2007. Allegations most likely to be the subject of a termination paragraph were "Neglect of Duty" and "Improper Attitude". Most often, the grounds for termination were not identified.
The Commission notes that all of the Regions reported a decrease in issuing Notices of Direction. It remains unclear if the numbers associated with this disposition type have shifted to the number of Final Reports (or other disposition types).
Table7: Allegations Breakdown for Terminated Complaints41
| |
Pacific |
Northwest |
Central |
Atlantic |
Total |
| |
n |
% |
n |
% |
n |
% |
n |
% |
n |
% |
| A. Improper Attitude |
10 |
7% |
8 |
8% |
5 |
24% |
3 |
20% |
26 |
9% |
| B. Improper Use of Force |
22 |
16% |
9 |
9% |
0 |
0% |
1 |
7% |
32 |
12% |
| C. Improper Use of Firearms |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| D. Irregularity in Procedure |
13 |
9% |
10 |
10% |
3 |
14% |
1 |
7% |
27 |
10% |
| E. Driving Irregularity |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| F. Neglect of Duty |
35 |
25% |
34 |
34% |
6 |
29% |
6 |
40% |
81 |
29% |
| G. Statutory Offence |
0 |
0% |
5 |
5% |
3 |
14% |
0 |
0% |
8 |
3% |
| H. Mishandling of Property |
5 |
4% |
7 |
7% |
0 |
0% |
1 |
7% |
13 |
5% |
| I. Irregularity – Evidence |
7 |
5% |
2 |
2% |
0 |
0% |
2 |
13% |
11 |
4% |
| J. Oppressive Conduct |
19 |
14% |
17 |
17% |
3 |
14% |
1 |
7% |
40 |
15% |
| K. Improper Arrest |
4 |
3% |
2 |
2% |
0 |
0% |
0 |
0% |
6 |
2% |
| L. Improper Persons/Vehicles Search |
11 |
8% |
2 |
2% |
0 |
0% |
0 |
0% |
13 |
5% |
| M. Improper Search of Premises |
6 |
4% |
0 |
0% |
1 |
5% |
0 |
0% |
7 |
3% |
| N. Policy |
4 |
3% |
1 |
1% |
0 |
0% |
0 |
0% |
5 |
2% |
| O. Equipment |
0 |
0% |
2 |
2% |
0 |
0% |
0 |
0% |
2 |
1% |
| P. Service |
2 |
1% |
2 |
2% |
0 |
0% |
0 |
0% |
4 |
1% |
| Q. Other |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
0 |
0% |
| Total |
138 |
100% |
101 |
100% |
21 |
100% |
15 |
100% |
275 |
100% |
The public complaint process is accessed by a variety of individuals who have concerns about the conduct of an RCMP member. Generally, one complaint relating to one incident is filed; however, some situations may necessitate the filing of two or more complaints, especially those spanning two divisions or detachments. These types of complainants are viewed as "multiple complainants".
Apart from the above-mentioned multiple complainants, there are a small percentage of complainants who are chronic in nature and file multiple complaints, spanning many years, and involving many different members and detachments. While their concerns should always be addressed, chronic complainants can put a strain on the resources of the RCMP public complaint process.42 For complaints lodged in 2008, the Commission found that of the 1,695 identified complainants, 131 or 8% could be considered multiple or chronic complainants.
Table 8: Repeat Complainants43
| |
Number of Complaints per Complainant |
| Region |
2 |
3 |
4 |
5 |
7 |
Total |
| Pacific |
46 |
9 |
2 |
1 |
1 |
59 |
| Northwest |
42 |
6 |
2 |
0 |
0 |
50 |
| Central |
1 |
0 |
0 |
0 |
0 |
1 |
| Atlantic |
18 |
1 |
1 |
1 |
0 |
21 |
| Total |
107 |
16 |
5 |
2 |
1 |
131 |
Multiple Complaints against Individual Members
Multiple complaints against individual members for the 2008 calendar year were again tracked through the Review of the Record Project. A "repeat member" is a member who over the course of a year is the subject of two or more separate public complaints. It should be noted that a portion of these repeat members could be the subject of multiple complaints stemming from a single incident or multiple complaints from a multiple complainant.
It is conceivable that a member could legitimately generate multiple public complaints depending on the nature of the member's interaction with the public and, potentially, if he or she are posted to a small detachment. It is equally conceivable that a member could be generating multiple public complaints due to aggressive or inappropriate on-duty behaviour. The context of the public complaint would best determine which of the two scenarios presented above was most accurate. In the future, the Commission will be able to identify which members have multiple complaints against them spanning a number of years as well as the nature of these complaints. As the database grows there exists a greater opportunity to conduct further analysis into these statistics. The Commission is aware that at least one RCMP division utilizes multiple complaints as an "early warning" signal.44 The Commission supports this practice and encourages the RCMP to consider implementing such a process nation-wide.
A total of 295 members had two or more complaints lodged against them, which represented 13% of the total number of members named in complaints. 45 Although most of the members had only two (2) complaints, some members had as many as five (5) complaints lodged against them in 2008 alone. Of these multiple complaint members, 136 were members in "E" Division, 81 were from "K" Division, and 23 were from "J" Division.
Of the 1,391 allegations lodged against members who had multiple complaints, the most common types were "Improper Attitude" (24%), "Neglect of Duty" (24%), and "Improper Use of Force" (13%). Interestingly, when members had four or more complaints lodged against them the primary allegation type was "Improper Attitude", which represented over 30% of the total.
Table 9: Repeat Members
| |
Number of Complaints per Member |
| Region |
2 |
3 |
4 |
5 |
Total |
| Pacific |
113 |
26 |
2 |
2 |
143 |
| Northwest |
106 |
17 |
4 |
0 |
127 |
| Central |
3 |
1 |
0 |
0 |
4 |
| Atlantic |
33 |
6 |
1 |
0 |
40 |
| Total |
255 |
50 |
7 |
2 |
314 |
The Commission has implemented performance-based service standards for each step of the complaint and review processes that are under its control. These improvements have enhanced the ability of complainants, RCMP members and Canadians to hold the Commission and the RCMP accountable for a timely response to public complaints. However, a large portion of the public complaint process is under the control of the RCMP, and it was hoped that Force-wide service standards would be introduced to further enhance this aspect of public accountability.
The Commission is pleased to report that in 2008 the RCMP took, on average, 103 days to issue a disposition once a complaint was lodged. This is an 11-day reduction in processing time from 114 days in 2007. Interestingly, on average, 20047 days elapsed before a complainant lodged a complaint after the incident of concern, on average; this is down from an average of 229 days in 2007.
Further broken down by disposition type, the timelines are as follows:
- On average, 149 days to issue a Final Report.
- On average, 66 days to enter into an Informal Resolution.
- On average, 72 days to accept a Withdrawal.
- On average, 64 days to issue a Notice of Direction.
Figure 12: Complaint Timeline By Region
In the Pacific Region, on average, 165 days elapsed before a complainant lodged the original complaint. Once the complaint was received, it took, on average, 97 days for the divisions within this region to complete a disposition; this is a 12-day reduction 2007. Further broken down by disposition type, the timelines are as follows.
- On average, 135 days to issue a Final Report:
- On average, 73 days to enter into an Informal Resolution.
- On average, 73 days to accept a Withdrawal.
- On average, 69 days to issue a Notice of Direction.
The average number of days that elapsed before a complainant in the Northwest Region lodged the original complaint was 205. Once the complaint was received, the divisions within this region took, on average, 102 days to complete a disposition. This is an 18-day reduction from 2007. Further broken down by disposition type, the timelines are as follows:
- On average, 168 days to issue a Final Report.
- On average, 55 days to enter into an Informal Resolution.
- On average, 66 days to accept a Withdrawal.
- On average, 69 days to issue a Notice of Direction.
In the Central Region, on average, 316 days elapsed before a complainant lodged the original complaint. Once the complaint was received it took, on average, 106 days for divisions within this region to complete a disposition, this is a three (3)-day increase from 2007. Further broken down by disposition type, the timelines are as follows:
- On average, 146 days to issue a Final Report.
- On average, 27 days to enter into an Informal Resolution.
- On average, 38 days to accept a Withdrawal.
- On average, 46 days to issue a Notice of Direction.
The average number of days that elapsed before a complainant in the Atlantic Region lodged the original complaint was 272 days. Once received the divisions within this region took, on average, 122 days to complete a disposition. This is an increase from the average of 115 days in 2007. Further broken down by disposition type, the timelines are as follows:
- On average, 147 days to issue a Final Report.
- On average, 80 days to enter into an Informal Resolution.
- On average, 94 days, to accept a Withdrawal.
- On average, 42 days to issue a Notice of Direction.
The Commission has also attempted to determine if there was a difference with respect to these averages between Commission-lodged complaints and RCMP-lodged complaints. On average, complainants waited 223 days after the incident took place before lodging the original complaint directly with the Commission, while complaints lodged with the RCMP averaged only 142 days after the incident. This is an improvement from 2007, where it took, on average, 271 days after the incident took place before lodging the original complaint directly with the Commission while complaints lodged with the RCMP averaged only 165 days after the incident.
Providing Dispositions to the Commission
The RCMP is required to provide the Commission copies of all dispositions for its analyses. To that end, the average number of days48 for the Commission to receive the complaint disposition from the RCMP as a whole was 73 days for Commission-lodged complaints as opposed to the 61 days it took for RCMP-lodged complaints. This is an improvement from 2007, where it took, on average, 95 days for Commission-lodged complaints and 72 days for RCMP-lodged complaints.
This average was also examined regionally:
In the Pacific Region, it took 95 days for Commission-lodged complaints as opposed to 82 days for RCMP-lodged complaints. This can be compared to 2007 where it took 95 days for Commission-lodged complaints and 69 days for RCMP-lodged complaints.
In the Northwest Region, it took 62 days for Commission-lodged complaints as opposed to 64 days for RCMP-lodged complaints; compared to 2007 where it took 110 days for Commission-lodged complaints and 87 days for RCMP-lodged complaints, a significant improvement.
In the Central Region, it took 42 days for Commission-lodged complaints as opposed to 28 days for RCMP-lodged complaints. This is in comparison to 2007 where it took 66 days for Commission-lodged complaints as opposed to 67 days for RCMP-lodged complaints; a significant improvement.
In the Atlantic Region, it took 23 days for Commission-lodged complaints as opposed to 25 days for RCMP-lodged complaints. This is in comparison to 2007 where it took 66 days for Commission-lodged complaints and 53 days for RCMP-lodged complaints; a significant improvement.
Figure 13: Complaint Timeline – Comparison Based on Where the Complaint Was Lodged
The average number of days to issue a disposition was 102 for Commission-lodged complaints as opposed to 104 days for RCMP-lodged complaints. This is an improvement from 2007, where it took, on average, was 118 for Commission-lodged complaints and 108 days for RCMP-lodged complaints.
Complaint timelines were also determined by allegation type for the three most common allegations:
- For allegations of "Neglect of Duty", it took, on average, 109 days for the RCMP to issue a disposition. On average, it took a complainant 236 days after the incident date to file a complaint for this type of allegation.
- For allegations of "Improper Attitude", it took, on average, 98 days for the RCMP to issue a disposition. On average, it took a complainant 153 days following the incident date to lodge a complaint for this type of allegation.
- For allegations of "Improper Use of Force", it took, on average, 143 days for the RCMP to issue a disposition. On average, it took a complainant 173 days following the incident date to lodge a complaint for this type of allegation.
Incomplete Complaint Records
Occasionally, the Commission received complaint dispositions that were incomplete in that documents were missing or identifying information related to members or complainants was not provided. Of these complaints, the Commission received 183 incomplete records, representing 10% of the total dispositions received for complaints lodged in 2008; down 4% from 2007. Regionally, 4% of complaint records from the Pacific Region were incomplete, 14% from the Northwest Region, 17% from the Central Region and 17% from the Atlantic Region.
Incorrect Commission Reference49
When issuing a Final Report or Notice of Direction, the RCMP is required by statute to inform the complainants of their right to request a review of their Final Report and Notice of Direction. The Commission has received dispositions that have an incorrect reference or that do not include this reference at all. In 2008, the Commission received 51 such dispositions: 30 from the Pacific Region, eight (8) from the Northwest Region, three (3) from the Central Region and 10 from the Atlantic Region.
Issues with Quality of Dispositions
A variety of administrative issues with dispositions provided by the RCMP have created difficulties for the Review of the Record Project. Incomplete Forms 4110 and poorly structured Final Reports and Notices of Direction have made the Commission's task of capturing data related to public complaints a difficult one.
There is currently no up-to-date national policy or handbook for the RCMP in relation to the completion of dispositions and corresponding Form 4110. As such, the Commission has undertaken the process of creating a best practices portion of its website for members to reference when completing public complaint dispositions.
It is hoped that with this addition, Forms 4110 will be filled out properly and entirely, and Letters of Disposition will be clearer, more concise, and better suit the needs of the RCMP, the Commission and the complainants.
14 The Commission has requested a copy of all public complaint records, pursuant to paragraph 45.47(b) of the RCMP Act. A completed public complaint record was defined as the record of all complaints received by the RCMP under Part VII of the RCMP Act and included RCMP Form 4110 capturing informal resolutions and withdrawals, Form 4110 and a Notice of Direction as defined by subsection 45.36(6) of the Act, and Form 4110 and the Final Report as defined by section 45.4 of the Act.
15 It was decided to give the RCMP six (6) additional months to provide the Commission with the complaint disposition for complaints lodged in 2008.
16 As of December 7th, 2009, the Commission has received 4,572 completed complaint dispositions since the begining of the project.
17 This number represents the number of complaints that have been lodged in 2008; it does not represent the number of complaints that have been completed.
18 The Pacific Region includes British Columbia and the Yukon.
19 The Northwest Region includes Nunavut, Manitoba, Saskatchewan, Northwest Territories and Alberta.
20 The Central Region includes Quebec and Ontario.
21 The Atlantic Region includes Newfoundland and Labrador, Nova Scotia, New Brunswick and Prince Edward Island.
22 The Commission also captured completed complaints that were lodged with the FSIN and the Alberta Solicitor General; both have been included in the "Other" category. Four (4) complaints were lodged initially with the FSIN accounting for 0.2% of the total complaints, while three (3) completed complaints were lodged with the Alberta Solicitor General, accounting for 0.2% of the total.
23 Please see Appendix F for a chart of the yearly comparisons
24 0.43% of complaints were lodged with the Alberta Solicitor General and 0.58% were lodged with the FSIN.
25 The Commission did not receive any complaints that were lodged with the Alberta Solicitor General in time for inclusion in the 2007 report; however, unless clearly indicated that the complaint was lodged with the Alberta Solicitor General the Commission would have no way to verify how many complaints were lodged with this provincial body and therefore would be unable to predict how many dispositions should be provided to the Commission by the RCMP.
26 A list of complaint allegation types and a brief description of each can be found in Appendix C. However, it should be noted that the Commission has concerns with the way in which the RCMP classifies its complaints, as there have been instances of misclassification. For example, allegations that would more appropriately be classified as "Improper Use of Force" are officially classified as "Neglect of Duty". This has the effect of skewing the actual types of complaints and hiding more serious complaints in less serious categories.
27 Additionally, in 2008, seven (7) allegations were lodged with the Alberta Solicitor General (0.16%) and another seven (7) were lodged with the FSIN (0.16%).
28 46 issue categories were created, and descriptions can be found in Appendix B of this report.
29 The issue of "attitude" was distinguished from "abusive language", which accounted for 2.10% of the issues.
30 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.
31 These types of reports are referred to as "Final Reports" and in this instance only refer to the RCMP's disposition of the complaint after a public complaint investigation is concluded.
32 It should be noted that the total number of allegations identified as being dealt with and the total number of allegations where a determination of supported or unsupported was made in a Final Report may differ, as there are occasions when the RCMP has been unable to make a determination due to lack of evidence or the allegation was not separately addressed.
33 This table shows a frequency distribution of all allegations disposed of in this manner. It shows how common each allegation category was within the disposition type, not how likely it was to be disposed of in this manner.
34 Form 4110 is RCMP's Public Complaint Report.
35 In some cases it was impossible to determine if the member who was the subject of the complaint was aware of either the complaint or the disposition.
36 The percentages relating to informal resolutions and withdrawal of complaints can be deceiving. After reviewing the complete complaint records that have been provided to the Commission, the RCMP occasionally categorizes a withdrawal as an informal resolution and vice versa. Therefore, it is difficult to determine exactly how many informal resolutions and withdrawals the RCMP completes each year, as at times there is often a misclassification.
37 This table shows a frequency distribution of all allegations disposed of in this manner. It shows how common each allegation category was within the disposition type, not how likely it was to be disposed of in this manner.
38 The Commission followed up with the RCMP with respect to this complaint disposition. To date the RCMP has not responded to our request for further information or to our suggestion that an investigation may be warranted.
39 This table shows a frequency distribution of all allegations disposed of in this manner. It shows how common each allegation category was within the disposition type, not how likely it was to be disposed of in this manner.
40 For a more fulsome explanation of the Commission's stance on the application of the RCMP Act to terminate public complaints as well as the criteria upon which the Commission reviews the reasonableness of these terminations, please contact the Commission directly or visit our website to download the position paper.
41 This table shows a frequency distribution of all allegations disposed of in this manner. It shows how common each allegation category was within the disposition type, not how likely it was to be disposed of in this manner.
42 Paragraph 45.36(5)(b) of the RCMP Act has been used to terminate the investigation into a public complaint in situations where chronic or multiple-complaint complainants continue to submit virtually identical complaints. In such situations, the RCMP must determine that the complainant is not providing sufficient grounds to embark on a new public complaint investigation, and there should be no indication that such an investigation would achieve any useful purpose.
43 Total complainants, n = 1,695
44 The Commission notes the value of early intervention and a coordinated response to managing police officers who are displaying conduct-related issues. The importance of this is borne out in reports such as "Project Odin: Identifying and Managing High Risk Officers in the NSW Police Force" authored by the Police Integrity Commission in Australia, the "Twenty-Seventh Semiannual Report, Los Angeles County Sheriff's Department", report authored by Merrick Bobb and the Police Assessment Resource Centre as well as hundreds of reports on police performance and the importance of instituting early warning tracking systems into law enforcement oversight mechanisms.
45 Total members, n = 2,256
46 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.
47 While the reasons for this has not been fully examined, some preliminary analysis of the data suggests that complainants wait 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.
48 These averages do not necessarily mean that it took the RCMP a particular amount of time to provide the complainant with the disposition; the timelines are specific to the RCMP providing the Commission with a copy of the dispositions. The averages are calculated using the date of the disposition and the date the Commission received the documents.
49 While this may seem an innocuous oversight, the effect that an incorrect reference to the Commission can have on the RCMP public complaint system is not. Without a proper address, and absent the knowledge that the complainant has a right to appeal the RCMP disposition of their complaint, the role of the Commission is undermined and the complainant is not fully apprised of their rights under the RCMP Act, which in turn denies them full access to the RCMP public complaint process.