ARCHIVED - Commission for Public Complaints Against the RCMP

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Section II: Analysis of Program Activities by Strategic Outcome

Analysis by Program Activity

Strategic Outcome

In the Commission's Report on Plans and Priorities tabled in March of 2007 the following strategic outcome was identified: 

'Upholding safe communities through the promotion of Canadian values of respect for human and civil rights, multiculturalism and diversity, equality and fairness, and respect for the rule of law.'

Early in 2007, the Commission, as part of a Treasury Board Secretariat (TBS) initiative, refined its Management Resources and Results Structure (MRRS).  TBS policy requires that Strategic Outcomes include performance information and that departments capture and use performance information systemically.  The Commission adopted the more measurable strategic outcome of:

'RCMP members are held publicly accountable for their conduct in the performance of their duties.'

Program Activity Name

Civilian review of RCMP members' conduct in the performance of their duties.

Financial Resources ($000)

Planned Spending	Authorities	Actual Spending
5,622	7,507	6,801

 

Human Resources

Planned	Actual	Difference
44	48*	4

* Note the Commission received program integrity funding covering the last 4 months of this report.  The Commission received authority for an additional 16 staff positions for the last quarter which translates into 4 Full-Time Equivalents  

 

Program Activity Description

The fundamental role of the CPC is to provide civilian oversight of RCMP members' conduct in the performance of their policing duties. The CPC holds the RCMP accountable to the public by providing, at the request of complainants, an independent review of the RCMP's disposition of complaints and by making recommendations to the RCMP Commissioner. 

In order to achieve its strategic outcome, the CPC must provide a service that is open and accessible to the communities it serves. The process needs to be efficient and effective, providing for a timely and quality product; it must be carried out by dedicated and committed public servants who work in a healthy and fulfilling environment and who are led by a team that can deliver within the management and policy frameworks laid down by Parliament and the Central Agencies.

Members of the public may make complaints about the conduct of RCMP members to the RCMP, the CPC or the provincial authority responsible for policing. Complaints are normally sent to the RCMP first. The RCMP Commissioner is required to report the results of investigations to complainants. If complainants are not satisfied with the RCMP's handling of the complaint, they may ask the CPC for a review of their case. The Chair of the CPC may also initiate a complaint if he considers there are reasonable grounds.

When reviewing a complaint, the CPC does not act as an advocate either for the complainant or for RCMP members. Rather, its role is to conduct an independent inquiry and reach objective conclusions based on the information available.

In conducting its review, the CPC considers all relevant information provided by the complainants and the RCMP. If not satisfied that such information is complete, it asks the RCMP for additional information or, where appropriate, conducts its own independent investigation.  The Chair also has the authority to hold a public interest hearing to inquire into a complaint.

If the Chair or Vice-Chair is not satisfied with the RCMP's handling of a complaint, the CPC produces an interim report of its findings and recommendations; after the RCMP Commissioner replies to the interim report, a final report is forwarded to the Minister of Public Safety and Emergency Preparedness, to the Commissioner of the RCMP and to the parties. Alternatively, if the Chair or Vice-Chair concludes that the RCMP responded adequately to the complainant's concerns, a final report is delivered stating that the RCMP's handling of the complaint was satisfactory.

 

Expected Results and Results Achieved

Expected Results

The CPC's findings and recommendations are accepted by the RCMP Commissioner.

The CPC's recommendations are influencing RCMP conduct and national policing policy.

Results Achieved

The Commission processed an exceptionally high volume of enquiries, complaints and requests for review from individual complainants this year, and launched a record number of chair-initiated complaints. It sent CPC observers to assess the impartiality of six RCMP investigations, five of which involved the death of a detainee or suspect and one involving the use of pepper spray in a highly sensitive incident. The CPC also responded to a special request from the Minister of Public Safety to review RCMP rules on the use of the conducted energy weapon. Despite its large caseload, the Commission availed itself of new temporary funding this year to develop its own research agenda and launch a number of new studies, including a review of all RCMP complaint dispositions from 2007 and an assessment of RCMP policies in various areas.

In order to be effective in providing civilian review of the policing activities of RCMP members, the CPC must be relevant on a number of fronts: a clear mandate; awareness of the communities it serves; state of the art methods and tools; timeliness and quality of its product; and a solid governance and management infrastructure.

The CPC national intake office in Surrey, British Columbia, experienced a 37 per cent increase in contacts, processed a total of 3,228 general enquiries, informal resolutions and formal complaints against the RCMP this year.  This is a good indication that the investments in community outreach and public awareness are having an effect on access to the complaint process.

This year the CPC implemented performance-based service standards for each step of the complaints and review process.  Although both the number of complaints initiated with the CPC and the number of reviews requested by complainants increased substantially this year, the CPC by reallocating resources and deferring other projects met its service standards. However meeting the standards with the level of increased volume is not sustainable in the long run and additional resources are needed.  

In addition, the CPC has improved its procedures for the tracking of work done by both the CPC and the RCMP throughout the public complaints process.  These improvements have enhanced the ability of complainants, RCMP members and Canadians to hold the CPC and the RCMP accountable for a timely response to public complaints.

Intent on further improving business practices, on August 1, 2007, the Commission introduced a service standard of receiving a complaint, finalizing the information and forwarding that information to the RCMP for investigation within four days. Internal business process improvements, coupled with the implementation of secure electronic transmission to the RCMP, have dramatically shortened the time required to process formal complaints. At the beginning of the fiscal year it took an average of almost 11 days before the RCMP would receive the formal complaint for processing.  By year end, this figure was reduced to an average of just 3.1 days.

Section 45.37 of the RCMP Act authorizes the Chair of the CPC to initiate a complaint to review the conduct of an RCMP member or members. The ability to self-initiate such a review allows the CPC to broaden its scope of review beyond what may have been articulated by individual complainants, leading to the identification of systemic issues that may not otherwise be adequately explored. The CPC initiated two such broad complaints in 2006-2007 and four in 2007-2008.  The increase in the number of chair-initiated complaints launched this year highlights the Commission's shift away from its traditionally reactive role to a more proactive one that targets systemic issues. Results of these reviews have been published on the Commission's website.

On October 10, 2007, the Chair of the Commission released the final report on his public interest investigation into complaints received relating to RCMP investigations of alleged sexual abuse at the Kingsclear Youth Training Centre in New Brunswick.

This public interest investigation, announced in May 2004, examined allegations that the RCMP had not properly investigated alleged criminal conduct by RCMP Staff Sergeant Clifford McCann, and Kingsclear staff and residents. The investigation also considered allegations that members of the RCMP engaged in activities designed to cover up this alleged criminal conduct.  The full report is available on the CPC website.

Although the Commission recommendations are not binding, the RCMP Commissioner accepted about three quarters of the CPC's adverse findings and recommendations.  This is a significant increase from the previous year.  As a result, individual members received additional training or operational guidance and important changes have been made to RCMP policy and training practices. 

The Commission has continued to implement proactive and strategic improvements to its operations with a view to the future.  The Chair continues to call on the government to enhance the Commission's legislative mandate and financial base as recommended not only by the O'Connor Inquiry, but subsequently by the February 2007 Senate Committee Anti-terrorism Act report, the December 2007 report of the Task Force on Governance and Cultural Change in the RCMP and the December 2007 report of the Standing Committee on Public Accounts.  The Commission continues to be committed to working constructively with the public, the government and the RCMP to reinvigorating police accountability though enhanced civilian oversight.

The CPC continues seeking to become more relevant by fostering support for expanding its legislative mandate.  But the Commission is not waiting passively for this to happen.  It developed and promoted a business case for an enhanced resource base to enable program integrity improvement.  It began a program of enhanced research and information management capacity with the intention of devoting more resources to the analysis of emerging trends and providing strategic policy advice to government.  It expanded its outreach and communications function to reach marginalized and disaffected communities and continued its efforts to foster a workplace of choice.

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