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ARCHIVED - Commission for Public Complaints Against the RCMP - Report


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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 2009-2010. 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 2009-2010 Report on Plans and Priorities.

In 2009-2010, the CPC received its requested interim funding from the Treasury Board's Management Reserve in order to meet the current demands of its existing mandate. With these additional funds, it was able to continue its outreach activities and exceed its services standards. The CPC was also able to expand the amount of information available on its website and continue its analysis into areas of particular concern to the public.

In January 2010, I was privileged to take on the responsibility of Interim Chair of the CPC. My motivation for accepting the position was based on being asked to play a role in helping a key organization transition to a new mandate which I believe is as important to the Royal Canadian Mounted Police as it is to the Canadian public. The creation of a new oversight regime was announced in Budget 2010 and the proposed legislation is currently before Parliament.

As Interim Chair, I am optimistic that a strengthened oversight mandate will indeed address what RCMP Commissioner Elliott has referred to as a "credibility challenge." We understand that the public's expectation of accountability from their public institutions, and particularly from their police forces, has evolved, and the bar has been raised significantly.

On a final note, I believe the RCMP is an institution vital to the safety and well-being of Canadians across this land. We've all grown up in a country where the Red Serge and Stetson were unique Canadian symbols of pride. Canadians want the RCMP to succeed. At the CPC, we believe we can play a role in helping the RCMP meet the peerless standards Canadians expect of it.

Ian McPhail, Q.C.
Interim Chair



Section I – Departmental Overview

Raison d'être and Responsibilities

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 legally and 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.

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 Royal Canadian Mounted Police 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 and Program Activity Architecture (PAA)

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.

The following graphic outlines the CPC's Program Activity Architecture and the priorities it set for 2009-2010.

CPC's Program Activity Architecture and the priorities

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Summary of Performance


2009-10 Financial Resources ($000)
Planned Spending Total Authorities Actual Spending
5,181 7,965 7,549


2009-10 Human Resources (FTEs)
Planned Actual Difference
40 57 17


Strategic Outcome
Performance Indicators Targets 2009-10 Performance
Recommendations were accepted by the RCMP and have been implemented 100%

Social Affairs

Safe and Secure Communities


($000)
Program Activity 2008-092
Actual
Spending
2009-10 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   3,191 3,191 4,934 3,081

Social Affairs

Safe and Secure Communities

Internal Services   1,990 1,990 3,031 4,468  
Total 8,569 5,181  5,181 7,965 7,549  

Contribution of Priorities to Strategic Outcome

Operational Priorities Type Status Linkages to Strategic Outcome

Increase public awareness of the role and services of the CPC

There remains a need to increase awareness of the CPC among Aboriginal and ethno-cultural communities.

The CPC must also continue its efforts towards understanding the needs of Aboriginal and ethno-cultural community groups, as they affect the complaint process.

Previously committed to

Mostly Met

The CPC has greatly expanded the amount of information publicly available on its website this past year. A section of its website features a number of reports which highlight both instances of exemplary police conduct as well as areas for improvement.  Detailed information on the complaint process has also been made available.

The CPC produced a short video in collaboration with the National Association of Friendship Centres, using staff from both organizations to explain the complaint process.

Due to the cap on travel costs, the CPC was forced to restrict outreach activities and was unable to maximize its plan.
  • RCMP members are held publicly accountable for their conduct in the performance of their duties.

The CPC communicated to the public that an independent agency is available to receive complaints regarding RCMP members' conduct. 

Furthermore, the enhancement of access to the process and increasing awareness facilitate public accountability. 

Strengthen the complaint and review processes

The CPC is committed to the continuous improvement of the complaint and review processes. 

Ongoing

Mostly Met

Although the number of complaints increased, with additional funding, the CPC was able to meet its performance targets for all of its service standards.

The CPC received 25 Commissioner's Notices, in which the RCMP Commissioner agreed with 89% of the adverse findings and accepted 82% of the recommendations. 

The CPC planned to implement a new Case Management System in order to capture all relevant information into one database. Due to delays in the procurement process, this project was not completed.
  • RCMP members are held publicly accountable for their conduct in the performance of their duties.
A strong complaint and review process with established time-sensitive service standards enhanced the credibility of both the CPC and the RCMP for a timely response to public complaints.

Improve the relevance of review recommendations and identify continuing, emerging and new complaint trends

In order to improve the relevance of CPC recommendations to the RCMP and to identify continuing, emerging and new complaint trends, it is essential that the CPC undertake strategic policy analysis.
Previously committed to

Met All

The CPC carried out an in-depth examination of the entire RCMP public complaints system.  The CPC also reviewed and publicly reported on the RCMP's use of the TASER®.

While in the early stages, the CPC also continued its analysis into areas of particular concern to the public such as issues related to in-custody deaths and police training programs addressing interactions with people suffering from mental health-related issues.

While addressing cases involving the conduct of individual RCMP members, the CPC also sought to identify systemic problems that frequently generate complaints.
  • RCMP members are held publicly accountable for their conduct in the performance of their duties.

The CPC's in-depth examinations provided assurance that key systemic areas of concern were thoroughly examined and reported upon publicly. 

Management Priorities Type Status Linkages to Strategic Outcome

Support management excellence

The CPC is a values-based organization that requires employees to observe the highest standards of professional ethics and conduct, who are led by a team that can deliver within the management and policy frameworks laid down by Parliament and the Central Agencies.
Ongoing

Met All

Although the CPC's management performance against the Management Accountability Framework (MAF) expectations is assessed every three years, the CPC uses the evolving MAF expectations to set management priorities. This past year, the CPC prepared for the MAF assessment process, which will take place in the fall of 2010–2011.  

The CPC has focused on the implementation of effective risk management practices at all levels. As part of its annual planning process, it conducts a risk assessment and identifies appropriate actions to mitigate identified risks.

In the fall of 2009, Treasury Board Secretariat brought in a new financial policy suite. The CPC undertook a risk-based review of its corporate financial practices and procedures against the suite and where needed implemented changes.

The CPC also updated its Delegation of Financial Authorities. In order to ensure that delegated managers understood their new or revised responsibilities, the Comptroller provided training to all managers. 

The CPC conducted a review of the implementation of its Records Documents and Information Management System (RDIMS) in order to identify any systemic issues.  The review identified the need for additional staff training: late in 2009–2010, a number of training sessions were held for employees.
  • RCMP members are held publicly accountable for their conduct in the performance of their duties.
Effective program delivery was dependent upon the support of sound and efficient enabling functions.

Maintain 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.  
Ongoing

Met All

The CPC continued with its integrated business and human resources planning, implementing a one-pass planning process. A key human resources focus was on responding to the move from year-to-year temporary funding to a fully funded new mandate. 

To enhance employee engagement, the CPC developed a framework for a workplace of choice which it communicated to all employees.

The CPC continued to emphasize its Code of Conduct as well as values and ethics in the workplace. At its annual all-staff retreat it held a session on integrity and accountability.  It has also developed a section on its intranet outlining processes and protection for the disclosure of wrongdoing.

The CPC provided in-house second language training to enable its employees to revalidate their language proficiency or learn their second official language. The CPC also undertook a review of its Occupation Health and Safety program and identified opportunities for enhancements. 
  • RCMP members are held publicly accountable for their conduct in the performance of their duties.
The quality of services was dependent on a full complement of highly qualified employees.  

Risk Analysis

In order to foster an organizational culture that supports risk-informed decision-making, focuses on results, and enables the consideration of both opportunity and innovation; the CPC, as part of its annual planning process, conducts a risk assessment and identifies appropriate actions to mitigate any identified risks.  Risks and related mitigation strategies are also regularly discussed at senior executive committee meetings.  In setting its plans and priorities, the CPC considered key factors that could influence its direction in the next few years. 

All public institutions, including the police, must continue to adapt to a population that is becoming exceedingly diverse.  The CPC's clients are increasingly so in terms of their cultures, beliefs, values, attitudes and languages.  A new report from Statistics Canada3 predicts that by 2031, about one-third of Canadians will belong to a visible minority group.  The evolving nature of Canadian society will require all agencies to ensure that services continue to be tailored to client needs.

Within the police community, there are varying levels of awareness of diversity issues and varying levels of skill in dealing with them.  Certain realities face today's RCMP: a high number of new recruits; a high rate of turnover; a high number of baby boomers retiring; experienced members leaving the force for a variety of reasons; and a lack of resources have resulted in the inadequate mentoring of new members, understaffing of detachments, and morale issues.

In addition to the external context that the CPC operates in, it faces risks that could impact on its ability to achieve the results it is working towards.  The CPC has focused on the implementation of effective risk management practices.  It had identified a number of risks that had the potential to impede progress.  

The primary risks that were identified and the mitigation strategies it implemented included the following: 

Insufficient Funding

The CPC was concerned that it would not receive its requested interim funding from Treasury Board, which was needed to continue its critical work in the areas of outreach, strategic policy and research.  The CPC received $2.7M in interim funding from the Treasury Board's Management Reserve; therefore, the risk did not materialize.

Recruitment and Retention of Key Staff

Given its temporary funding situation, the CPC faced the risk of not having sufficient human resources, due to retention and recruitment challenges.  To mitigate this risk, the CPC maintained its integrated business and human planning and formalized its framework for a workplace of choice.  In addition to workplace of choice activities, the integrated plan set out to strengthen leadership and develop a classification and staffing strategy to address organizational changes and recruitment/staffing pressures. 

The investments in workplace of choice tools, such as employee performance management, leadership development, an enhanced learning policy and the classification and staffing strategy have paid off with the retention of key staff and success with recruitment activities.

RCMP Implementation of CPC's Recommendations

As the CPC's recommendations to the RCMP are not binding, the CPC was concerned that key recommendations would not be implemented.  To mitigate this risk, the CPC increased its systematic tracking of recommendations made to the RCMP and created a “Recommendations Awaiting Implementation” section on its website.  In 2009–2010 the CPC, in the review of complaints, issued 191 reports.  During that same period, the Commissioner of the RCMP delivered 25 Commissioner's Notices wherein he agreed with 89% of the CPC's adverse findings and accepted 82% of the CPC's recommendations. 

Responding to Major Policing Events

The CPC has no control over serious incidents between the RCMP and the public.  Such events impact on workloads across the CPC and have the potential to negatively impact the achievement of service standards, as well as sufficient financial or human resources to respond to such events.  Through the use of supply arrangements for specialized investigators and the tracking of workloads within the CPC, and permitting the reallocation of senior staff, the CPC was able to complete a number of important high profile investigations in 2009–2010.  For example, investigations regarding the police investigating the police and the in-custody death of Mr. Robert Dziekanski. 

The CPC took steps to respond decisively to policing events during the Winter Olympic Games by budgeting funds to support additional workload or investigators.  The CPC also worked with provincial police oversight bodies to coordinate the receipt of public complaints with respect to the conduct of RCMP members as well as all non-RCMP officers from outside of B.C.  This meant that the CPC was prepared to accept complaints regarding all police conduct at/or connected to the games.  In addition, the CPC increased the hours that its National Intake Office was able to respond to complaints.  The risk did not materialize and the extensive preparations undertaken by the RCMP prior to the opening of the games contributed significantly to what culminated as a very well-run event.

Meeting Service Standards

The CPC has made it a priority to meet its established performance-based service standards.  The CPC was concerned that without temporary funding provided by Treasury Board, there was a risk that service standards would not be met.  The CPC did receive its requested funding and was able to hire additional staff and although the number of complaints increased by 6.5%, as did the degree of complexity, it was able to meet its performance targets for service standards.

Expenditure Profile
($ millions)

Expenditure Profile

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Voted and Statutory Items
($ millions)
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
70 Program expenditures 6,230 7,792 4,655 6,947
(S) Contributions to employee benefit plans 571 777 526 602
Total 6,801 8,569 5,181 7,549