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ARCHIVED - RCMP External Review Committee - Report


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CHAIR'S MESSAGE

As Chair of the RCMP External Review Committee (ERC), it is my pleasure to deliver this report of the progress it has made toward its expected results.  The information contained in this year's report demonstrates that the ERC has embraced the concept of continual improvement and the public service's modern mechanisms for measuring and reporting on it. 

The ERC's role is to conduct impartial and independent reviews of RCMP labour relations cases.  Its aim is to positively influence the manner in which labour relations issues are addressed within the RCMP.  This contributes to the confidence and trust that Canadians put in the administration of the Force, knowing that principles of fairness and statutory compliance are upheld in a transparent and credible manner.

It must be stated that the ERC is a uniquely small organization relative to most organizations with similar functions and to the greater federal public service in general.  In addition to myself, the ERC is staffed by five public servants indeterminately.  Three additional staff have been appointed temporarily for as long as resources are available to retain them.  I am appointed by Cabinet.  I am the sole member of the ERC, and thus I am the only individual who has the authority to reach findings and to make recommendations to the Commissioner of the RCMP - the essence of the ERC's statutory mandate. 

In addition to reporting its findings and recommendations to the Commissioner of the RCMP, the ERC also takes pains to ensure that its reports are accessible to all those who have an interest in resolving member grievances and appeals through rational decisions that will stand the test of judicial review by the Federal Court.  To that end, the ERC has made excellent use of online web-based technology to allow researchers, members and decision makers to search for past findings and recommendations as well as Commissioners' decisions and precedential case law.  The ever-increasing traffic on the ERC's website is a testament to its ability to design a utility that benefits Canadians at minimal cost.

I am pleased that the ERC has been able to make effective use of the resources entrusted to it.

 

Catherine Ebbs
Chair


SECTION I:  DEPARTMENTAL OVERVIEW

Raison d'être

The RCMP External Review Committee (ERC) is an independent federal tribunal that helps to ensure fair and equitable labour relations within the Royal Canadian Mounted Police (RCMP) .  The ERC does this by conducting thorough impartial reviews of certain types of grievances, disciplinary appeals, as well as discharge and demotion appeals.

The ERC's reviews contribute to transparency, fairness, and impartiality in RCMP labour relations processes for regular and civilian members.  The ERC's jurisdiction is restricted to regular members and civilian members only.  Public servants employed by the RCMP have a separate labour relations process.

As one of two oversight/review bodies over the RCMP (the other being the Commission for Public Complaints Against the RCMP (CPC)), the ERC plays an important role in maintaining public confidence in the RCMP and ensures that it respects the law and human rights.

For more information on the ERC, visit the website at:  www.erc-cee.gc.ca.

Responsibilities

The ERC was established in 1988 under Part II of the Royal Canadian Mounted Police Act with a distinct mandate.  Its role is to conduct impartial and independent reviews of RCMP labour relations cases. These cases include grievance reviews in areas such as harassment, travel entitlements and relocation as well as appeals involving disciplinary measures, discharge and demotion.

Once a review is completed, the ERC provides its findings and recommendations on the case to the Commissioner of the RCMP.  The ERC provides findings and recommendations only.  The Commissioner of the RCMP takes the final decision and should the decision not follow the ERC's recommendations, the law requires that the Commissioner give reasons for not doing so.

In addition, the ERC engages in outreach activities designed to educate the RCMP and the public about its activities. The ERC issues a quarterly Communiqué and maintains a website (www.erc-cee.gc.ca) that includes summaries of all cases that the ERC has reviewed as well as articles of interest.

Strategic Outcome and Program Activity Architecture

Strategic Outcome
The Royal Canadian Mounted Police External Review Committee aims to positively influence the manner in which labour relations issues are addressed within the Royal Canadian Mounted Police
Program Activity 1 - Independent and impartial case review
Description:  The ERC Chair can dispose of matters referred to the ERC by the RCMP either on the basis of the material in the record or following a hearing.  In conducting its review of matters referred to it, the ERC attempts to achieve timeliness and quality in its recommendations, and a balance amongst the many complex and different interests involved.  It strives to ensure that the principles of administrative and labour law are respected and the remedial approach indicated by the RCMP Act is followed.  In each case, the ERC must consider the public interest and ensure that members of the RCMP are treated in a fair and equitable manner.
Program Activity 2 - Outreach and information dissemination
Description:  The ERC ensures that its findings and recommendations in each case are clearly explained for the parties and the RCMP Commissioner.  Summaries of the findings and recommendations in each case, as well as articles of interest on the role of the ERC, relevant legal principles and information on related issues, are distributed widely.  Communication and outreach tools include: a quarterly publication (Communiqué), including the most recent case summaries, updates, and legal principles; a website with timely inclusion of publications and case summaries; the annual report and other government accountability documents; and presentations, meetings, training and other outreach activities.
Program Activity 3 - Internal Services
Description:  Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization.  These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services.  Internal Services include only those activities and resources that apply across an organization and not to those specifically to a program.  Internal services are very important and support all program activities and priorities of the ERC.  However due to the unique size of the ERC and the overlap of financial and human resources in the conduct of this activity and the costs associated with the regular reporting on this activity, the ERC has sought and received a temporary reporting exemption from the Treasury Board Secretariat.

2009-10 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
1,074 1,969 1,614


2009-10 Human Resources (FTEs)
Planned Actual Difference
8 8 0


Summary of Performance


Strategic Outcome: The Royal Canadian Mounted Police External Review Committee aims to positively influence the manner in which labour relations issues are addressed within the Royal Canadian Mounted Police
Performance Indicators Targets 2009-10 Performance
Issuance of findings and recommendations to the RCMP Commissioner and the parties 100% Maintained 100% performance level
Information to the public and the RCMP 100% Maintained 100% performance level

($ thousands)
Program Activity 2008-09
Actual
Spending
2009-10* Alignment to Government of Canada Outcomes
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending
Independent and impartial case review 1,191 859 859 1,575 1,457 Well-managed and efficient government operations
Outreach and information dissemination 202 215 215 394 157 A transparent, accountable and responsive federal government
Total 1,393 1,074 1,074 1,969 1,614  


* Commencing in the 2009-10 Estimates cycle, the resources for Program Activity: Internal Services is displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates.  This has affected the comparability of spending and FTE information by Program Activity between fiscal years. As a result of its experience in attempting to meet the reporting requirements, the ERC determined that the uniquely small size of the organization made the reporting of this Program Activity particularly inaccurate.  The related expenditures could not be reliably apportioned between program activities without an inordinate expenditure of resources.  Treasury Board agreed with the ERC's assertion.  As such, the ERC has been granted an exemption until the end of the 2010-11 fiscal year from reporting on financial commitments to Internal Services as a separate Program Activity.

Contribution of Priorities to Strategic Outcome(s)


Operational Priorities Type Status Links to Strategic Outcome(s)
Continue to deliver on statutory mandate ongoing

Met all

- strategic deployment of its resources has permitted the ERC to conduct reviews unabated
Strategic Outcome 1 and Program Activity 1
Raising awareness through outreach ongoing

Met all

- outreach activities were accomplished through alternative means using a combination of print and digital technology in order to maintain visibility and to share information and knowledge
Strategic Outcome 1, and Program Activity 2
Management Priorities Type Status Links to Strategic Outcome(s)
Continue to improve on the corporate management framework and infrastructure ongoing

Met all
-  Management Accountability Framework (MAF) was successfully completed
-  Memorandum of Understanding was put in place
-  all positions properly classified

Strategic Outcome 1 and Program Activity 1 and 2
Continue to invest in our people ongoing

Met all
- continuing professional development delivered
- employee engagement enhanced and maintained
- acting opportunities provided

Strategic Outcome 1 and Program Activity 1 and 2

Risk Analysis

The ERC's successes this year are a reflection of its ability to continue to retain operational staff despite the determinate nature of the appointments it can offer in light of the temporary nature of the increases to its spending authorities.  This year, the ERC lost staff for a variety of reasons, but not necessarily associated with the determinate nature of its funding.  However staffing mitigation strategies permitted the ERC to attract highly qualified, and experienced staff which allowed its processes to proceed with relatively little interruption.

Staffing and retention continue to be the principal threat to the ERC's achievement of its program activity targets which is the reason that it has focussed efforts in this area.  The positive results of maintaining this focus have been encouraging.

Expenditure Profile

The receipt of a temporary increase in spending authorities contributed to the ERC's success in achieving its targets.  Staffing determinate positions in an uncertain environment led to a lag in spending evident in the chart below.

($ thousands)
Fiscal Year Planned Spending Total Authorities Actual Spending
2007-08 1,192 1,606 1,214
2008-09 1,485 1,559 1,393
2009-10 1,074 1,969 1,614


ERC Spending Trends

Voted and Statutory Items
($ thousands)
Vote # or Statutory Item (S) Truncated Vote or Statutory Wording 2007-08
Actual
Spending
2008-09
Actual
Spending
2009-10
Main
Estimates
2009-10
Actual
Spending
65 Operating expenditures 1,062 1,234 953 1,476
(S) Contributions to employee benefits plans 152 159 121 138
Total 1,214 1,393 1,074 1,614

As indicated above, actual spending increased in 2009-10 further to temporarily increased authorities in order to meet statutory obligations.