ARCHIVED - Commission for Public Complaints Against the RCMP

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Chair's Message

I am pleased to present the Departmental Performance Report of the Commission for Public Complaints Against the RCMP(CPC) for 2008-2009. The report provides an overview of our work during this fiscal year and discusses the extent to which the Commission has met its objectives, as set out in its 2008-2009 Report on Plans and Priorities.

In 2008, the CPC celebrated its 20^th Anniversary; in December it held a one day conference which included speakers and panellists from government, law enforcement, media and academia. These experts shared their insights and experience on the future of police oversight at this milestone gathering. In December 2007 the government provided the Commission with 16 months of additional temporary funding that enabled it to better fulfill its existing mandate and to deal with increased workloads in complaints and reviews. The funding was used to refine existing processes for complaints and reviews, raise public awareness about the Commission and its work, improve access to the public complaints machinery, and build on the effectiveness of the CPC as a policing review agency through a number of key reports highlighting systemic concerns affecting the quality of RCMP policing.

A credible and effective regime of civilian oversight of the RCMP is an essential mechanism whereby the public and their police may jointly participate in a respectful dialogue, the ultimate goal of which is to maintain the public trust in the police individually and as an institution.

Paul E. Kennedy
Chair

Section I: Departmental Overview

1.1 Summary Information

Raison d'être: Vision, Mission and Mandate

The Commission for Public Complaints Against the RCMP (CPC) is an independent agency and is not part of the Royal Canadian Mounted Police (RCMP). The Commission's fundamental role is to provide civilian review of the conduct of the RCMP members in carrying out their policing duties, thereby holding the RCMP accountable to the public. This public accountability is not only essential in helping ensure that police officers exercise their considerable authority appropriately but is also a structured response by the government to address a challenging and evolving public safety environment. The CPC has the authority to make findings and recommendations, but cannot impose discipline or make monetary awards to complainants.

The CPC's Vision and Mission statements set out why it exists, what it does to support the Government of Canada's goal of maintaining safe and secure communities.

Vision

Excellence in policing through accountability.

Mission

To provide civilian review of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public.

Mandate

The mandate of the CPC is set out in Part VII of the RCMP Act and can be summarized as follows:

• to receive complaints from the public about the conduct of RCMP members;¹
• to initiate complaints to delve into RCMP conduct when it is in the public interest to do so;
• to conduct reviews when complainants are not satisfied with the RCMP's handling of their complaints;
• to hold hearings and conduct investigations; and
• to report findings and make recommendations.

Strategic Outcome

In order to effectively pursue its mandate, the CPC aims to achieve the following strategic outcome:

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

Program Activity Architecture: Civilian review of RCMP members' conduct in the performance of their duties

The following graphic outlines the CPC's Program Activity Architecture and the priorities it set for 2008-2009.

1.2 Summary of Performance

2008-09 Financial Resources ($000)

Planned Spending	Total Authorities	Actual Spending
8,676	9,223	8,569

2008-09 Human Resources (FTEs)

Planned	Actual	Difference
44	56	12

Performance Summary

Strategic Outcomep: RCMP members are held publicly accountable for their conduct in the performance of their duties

Performance Indicators	Targets	2008-09 Performance
The percentage of complaints received directly by the CPC is increased by 5% over the percentage of complaints received directly by the RCMP.	Annual increase of five percent	Approximately 67% of all complaints, versus less than 50% in prior years, are now lodged with the CPC. The number of complaints received in 2008-2009 increased by 34.5 % from 2007-2008. The RCMP has agreed that the CPC will promptly receive all complaints lodged with the RCMP.
The number of community group outreach activities/sessions undertaken.	Increased understanding and awareness	Feedback received from outreach sessions has been positive and indicates that there is a pressing need for the CPC to expand efforts to increase awareness and understanding of the complaints process. The CPC produced a short in-house video to explain its work and the processes involved in filing a complaint.
Review reports publicly available through website and media coverage.	An assortment of review reports posted on website	Thirteen (13) review reports were posted on the website covering a range of issues from a shooting death to receiving adequate medical care while in-custody.
Service standards maintained - complaints received are processed and delivered within 4 days and reviews are completed within 120 days.	80% of complaints processed within 4 days	90% of complaints processed within 4 days
	80% of interim and satisfied reports completed within 120 days of request	89% of interim and satisfied reports completed within 120 days of request
	80% of Final after Commissioner's Notice completed within 30 days	95% of Final after Commissioner's Notice (FACN) completed within 30 days
Trends in problem or positive police behaviour are identified.	Trends identified	The CPC has identified key trends such as the type of complaints received and multi-year CEW2 usage. It also conducted a review of all RCMP dispositions of complaints that were not formally appealed to the Commission for the calendar year 2007. These reports were published on its website.
RCMP policies changed due to CPC recommendations.	Assessment of RCMP policies undertaken in order to determine if policy changes made	Changes in RCMP policies have been made, such as how head restraints are performed and protocols for in-custody medical assistance. In response to recommendations made by the CPC in the public interest investigation into complaints received relating to RCMP investigations of alleged sexual abuse at the Kingsclear Youth Training Centre in New Brunswick, the RCMP has made significant changes in its policies and practices. 90% of 22 recommendations relating to Taser® usage have been adopted by the RCMP. The RCMP is currently revising its polices in a number of areas in response to the CPC's recommendations including how interventions in civil disputes are handled. The CPC has also published on its website outstanding key recommendations and will continue to monitor compliance.
Policy and research reports produced for the Chair on current and emerging policing issues.	Reports produced	Key reports produced include: RCMP Use of the Conducted Energy Weapon (CEW) – Final Report RCMP Use of the Conducted Energy Weapon (CEW): January 1, 2008 to December 31, 2008 – Special Report Review of the RCMP's Public Complaint Records – 2007 In-Custody Death Literature Review: Preliminary Review – provided to the In-Custody Death Working Group Statistical Report prepared for the Braidwood Inquiry on CEW use by RCMP in B.C.

($000)
Program Activity	2007-08 Actual Spending	2008-09				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Civilian review of RCMP members' conduct in the performance of their duties	6,801	8,676	8,676	9,223	8,569	Safe and secure communities

Contribution of Priorities to Strategic Outcome(s)

Operational Priorities	Type	Status	Linkages to Strategic Outcome(s)
Improve access to and openness of the public complaints process. There remains a need to increase awareness of the CPC among Aboriginal and ethno-cultural communities. The CPC must also continue its efforts toward understanding the needs of Aboriginal and ethno-cultural community groups, as they affect the complaints process.	Ongoing	Met Notable progress has been made in the past year with key stakeholder organizations that have embraced our efforts to help increase awareness of the CPC's role. Awareness of the CPC and the complaint process remains low among priority groups.	RCMP members are held publicly accountable for their conduct in the performance of their duties. The CPC must provide a service that is open and accessible in ways relevant to the stakeholder groups it serves.
Strengthen the complaint and review processes. A strong complaint and review process with service standards enhances the ability of complainants, RCMP members and Canadians to hold the CPC and the RCMP accountable for a timely response to public complaints.	Ongoing	Met The organizational changes integrating the complaints and review units have improved efficiency and effectiveness. Although the number of complaints increased by 34.5%, with additional funding, the CPC was able to meet its performance targets for all of its service standards. The CPC continued to focus Chair-initiated complaints on those issues of particular concern to the public, i.e. deaths in RCMP custody and the use of the CEW. It also broadened the scope of its reviews to include a consideration of the adequacy of RCMP training and policies in addition to individual member conduct.	RCMP members are held publicly accountable for their conduct in the performance of their duties. The CPC is committed to the continuous improvement of the complaint and review processes.
Undertake strategic policy analysis and produce research-based analysis to improve the relevance of review recommendations and to identify continuing, emerging and new complaint trends. There is a public thirst for more information and stronger assurances that key areas of concern for Canadians regarding oversight of the RCMP are being thoroughly examined and reported upon publically.	New	Exceeded The CPC conducted a review of all RCMP dispositions of complaints that were not formally sent to the CPC for review in the calendar year 2007. The CPC also undertook a review of the RCMP's CEW database examining CEW useage in 2008. In order to share best practices, identify emerging issues and find ways to collaborate with provincial policing complaints commissions, the CPC organized two national conferences with provincial counterparts in 2008.	RCMP members are held publicly accountable for their conduct in the performance of their duties. In order to improve the relevance of review recommendations and to identify continuing, emerging and new complaint trends, it is essential that the CPC undertake strategic policy analysis.
Management Priorities	Type	Status	Linkages to Strategic Outcome(s)
Promoting management excellence and a workplace of choice. In order to achieve an efficient and effective civilian review, work must be carried out by dedicated and committed public servants who work in a healthy and fulfilling environment who are led by a team that can deliver with the management and policy frameworks laid down by Parliament and the Central Agencies.	Ongoing	Exceeded The CPC's own Code of Conduct was implemented, prior to the government-wide Code. The CPC conducted its fourth annual workplace survey and results were fed into priorities for Worplace of Choice activities. The CPC results from the Public Service-wide Employee Survey indicated that Employee Engagement was much higher than average at the CPC than for the Public Service as a whole. The CPC also developed supply arrangements for specialized investigative services to address surge capacity and gaps in skill sets, as well as to balance workload. The CPC undertook a review of its business processes as a first step in the development of a new case management system that will have the ability to track all steps in the complaint and review process. The CPC also took steps to modernize its document management and correspondence tracking systems. The CPC formalized and strenghtened its Integrated Risk Management Framework and developed a Corporate Risk Profile as well as a Business Continuity Plan.	RCMP members are held publicly accountable for their conduct in the performance of their duties. The CPC is a values-based organization that requires employees to observe the highest standards of professional ethics and conduct. Behind its performance is an exceptionally competent, professional, and dedicated workforce.

Risk Analysis

The CPC has identified a number of risks that have the potential to impede progress made towards the achievement of its strategic outcome and expected results. The primary risks, and our efforts to mitigate them include the following:

The CPC faces the same recruitment and retention challenges as other government departments, but in addition, a third of its current staff complement is funded through temporary funding. It continued to take steps to mitigate this risk, namely:

• It developed and has maintained an integrated human resources plan that utilizes tools made available under the Public Service Modernization Act, including pooled staffing and obtaining the best fit candidates for key positions.
• It established a supply arrangement for investigative services to handle additional workload or specialized cases.
• It continued to prioritize creating a workplace of choice; it undertook an annual staff survey to identify strengths and weaknesses, implemented a Pride and Recognition program and established and communicated a Code of Conduct for employees.

The CPC has no control over serious confrontations between the RCMP and the public that it can respond to, for example, with a Chair-initiated complaint. Such events impact on workloads across the CPC and have the potential to negatively impact the achievement of service standards. To mitigate this risk, the CPC ensured that its budget was flexible enough to accommodate such events, finances were monitored closely and when priorities shifted, management ensured that workload was adjusted and that staff had sufficient resources to carry out new tasks.

The CPC also has no control over its day to day workload and last year the number of complaints received increased by 34.5%. Notably, the CPC has observed an increase in the level of sophistication and complexity of the issues raised in both the complaints lodged against the RCMP as well as with review cases. The CPC has made it a priority to meet its established service standards and over the past year, these standards have only been met with additional funding and through the extraordinary efforts of staff and senior management. The trend indicates increasing volumes for both complaints and reviews; there is a risk that this increased workload, if it consistently stays at this level, is simply not sustainable without the continuation of additional resources. To mitigate this risk, the CPC may have to adjust its service standards and targets downwards, resulting in an erosion of service to the public and reduced public confidence.

Expenditure Profile

The CPC received a net year over year increase of $3.1 million in 2008-2009 due to funding for Program Integrity activities to allow it to modernize the review function, fulfill the outreach function and staff the Strategic Policy and Research group.

Voted and Statutory Items
($000)

Vote # or Statutory Item (S)	Truncated Vote or Statutory Wording	2006-07 Actual Spending	2007-08 Actual Spending	2008-09 Main Estimates	2008-09 Actual Spending
70	Operating expenditures	6,011	6,230	7,934	7,792
(S)	Contributions to employee benefit plans	615	571	742	777
Total		6,625	6,801	8,676	8,569

 

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