ARCHIVED - Commission for Public Complaints Against the RCMP - Report

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Section II – Analysis of Program Activities by Strategic Outcome

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

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

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

2009-10 Financial Resources ($ millions)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
3,191	4,934	3,081	18	33	15

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Improve access to and openness of the public complaint process.	The percentage of complaints received from the public directly by the Commission is increased.	Annual increase of 5%.	Exceeded.	The CPC now directly receives approximately 70% of all complaints.

Benefits for Canadians

Canadians deserve to live in a just society, to have faith in their justice system, and to be protected against violence and criminal acts.

The CPC provides civilian oversight of RCMP members' conduct in the performance of their policing duties so as to hold the RCMP accountable to the public.  Its job is to help find and shape a balance between individual rights and collective security.

As an independent review body and informed interlocutor, the CPC is uniquely positioned to bring the public's perspective to critical policing issues which can heavily impact the RCMP's standing in the public eye.

The Commission contributes significantly to protecting citizens by building safer and healthier communities and its work is an essential component of the Government's commitment to strengthen the security of Canadians. The public must have confidence in its national law enforcement agencies.  The CPC's oversight ensures that this confidence, faith and trust is well placed.

Performance Analysis

Complaints

While the overall number of complaints against the RCMP (i.e. the total of those lodged directly with the RCMP and CPC) has remained relatively constant, complaints sent directly to the CPC have increased by a total of 43% over the past two years.  This increase is likely due to the public's greater awareness of the CPC and the option of pursuing a complaint through its independent process.  As a consequence, complaints submitted directly to the RCMP have declined.  The CPC now receives approximately 70% of all complaints (the RCMP or provincial authorities receive the rest).

[D]

Reviews

If complainants are not satisfied with the RCMP's response to their complaint, they have the right to request that the CPC independently review the propriety of the conduct and the RCMP's handling of the matter.

Upon receiving a request for review, the CPC triages cases into three levels of complexity and requests from the RCMP all relevant information regarding the complaint.  Once the information is received and accounted for, an analyst then examines the information provided by both the complainant and the RCMP with the goal of reporting to all parties.  Over the past number of years, the subject matter of reviews has included increasingly complex legal issues related to matters such as in-custody deaths with significant public interest.

Timeliness Improvements and Service Standards

When handling a formal complaint against the RCMP, the aim of the CPC is to shepherd each complaint through the complaint process—from the initial lodging through to its conclusion—as timely as possible and within one calendar year.  As partners in the process, conducting the full range of complaint investigations and review within the one calendar year target is dependent upon the RCMP's response times.  Of the number of complaints subject to review requests, 61% met the one-year time frame—an improvement over previous years.

Action	Number of Days Recommended by the CPC
Complaint received by CPC and forwarded to RCMP	4 days
RCMP investigates and delivers a report to the complainant	180 days
If complainant is dissatisfied with RCMP report, CPC requests all material from RCMP	4 days
CPC commences review process RCMP forwards material to the CPC (within 30 days) CPC conducts review and sends interim report to RCMP*	120 days
RCMP responds	30 days
CPC issues final report to complainant and RCMP	30 days

* If, however, the CPC is satisfied with the RCMP's investigation, the review process ends and a final report is provided to the complainant as well as the RCMP at this time.

The CPC has hit full stride with the implementation of its internal performance-based service standards and continues to look for ways to build efficiencies by working with the RCMP in tracking response times.  The CPC recommends that the RCMP apply service standards to the response times as outlined in the table above.  These actions are aimed at enhancing the ability of complainants, RCMP members and Canadians to hold the CPC and the RCMP accountable for a timely response to public complaints.

The CPC continues to meet its performance targets for all of its service standards.  Moreover, the CPC has improved its systems for the tracking of work done by both the CPC and the RCMP throughout the public complaint and review processes.  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.

	Standard	Target	Actual
Complaints *	4 days	80%	90%
Requesting material from RCMP	4 days	80%	94%
Review reports	120 days	80%	95%
Final Report After Commissioner's Notice (FACN)	30 days	80%	84%

*Processing and delivering formal complaints to the RCMP

The CPC's National Intake Office

Much of the CPC's work continues to centre on providing direct service to Canadians concerned about the actions of members of the RCMP.  The CPC responds to the needs of the public by providing a number of options for the processing of any concerns.  A member of the public contacting the CPC will normally be provided with same-day access to an experienced analyst who will listen to their concerns, assess what they would like to achieve, and identify an appropriate process that will meet their objectives.  The National Intake Office processed 3,764 general enquiries, alternative dispute resolutions, and formal complaints against the RCMP this year.

Community Outreach

During the past number of years, the CPC has steadily increased its outreach capability.  Engagement with key stakeholder groups such as municipality associations, police boards, provincial oversight bodies and Aboriginal groups is vital to helping increase awareness of an individual's right to initiate a complaint against the conduct of an RCMP member when merited.  The CPC has built upon an established partnership with the National Association of Friendship Centres (NAFC) to help expand awareness amongst Aboriginal peoples that have the right to complain about RCMP members' conduct, when and if appropriate, through an independent police complaints commission—namely the CPC. 

The NAFC represents the interests of 114 Aboriginal friendship centres and seven provincial/territorial associations and promotes the concerns of Aboriginal peoples. Anecdotal evidence and statistical data reveal a reluctance on the part of members of the Aboriginal community to avail themselves of the police complaints process.  The CPC and NAFC co-produced a 10-minute video at the Odawa Friendship Centre, located in Ottawa, which explains a person's right to complain and the simple process involved to do so.  The video incorporates the Aboriginal tradition of story telling to explain the complaint process in a way that makes it more relevant to the intended audience.

The CPC's Website

As part of its ongoing commitment to ensuring greater public access to its reports and recommendations, the CPC has greatly expanded the amount of information available on its website this past year.  For example, a section of the website features a number of reports which highlight both instances of exemplary police conduct as well as areas for improvement.  In 2009–2010, the total number of “hits” on the CPC website increased 53% from 2008–2009.

In 2006–2007, the CPC developed complaint forms and brochures in languages commonly spoken in several ethno-cultural communities.  The top 50 files downloaded in 2009–2010 from it website included 1,443 brochures and 995 complaint forms downloaded in other than official languages.  These forms and brochures are available for download from the CPC's website in 12 languages in addition to English and French.

Lessons Learned

Intent on maximizing the level of service delivery to Canadians, the CPC continues to work diligently with its provincial partners to harmonize police oversight processes to the extent possible under existing law.  A critical aspect of these harmonization efforts is creating a "no wrong door" approach to the intake of complaints about the police no matter which agency they belong to.  The goal is to minimize frustration felt on the part of complainants and to streamline the intake processes.

During the Vancouver 2010 Winter Olympic Games, policing services were provided by the RCMP-led Integrated Security Unit, which was made up of RCMP members as well as officers from police services from across Canada.  Municipal police officers from B.C.'s lower mainland also played a primary role in policing the games.

The CPC 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 Commission was prepared to accept complaints regarding all police conduct at/or connected to the games.

The model of partnership and engagement put in place for the 2010 Winter Olympic Games has provided valuable guidance for assessing police/public interaction for future events.

Program Activity: Internal Services

Program Activity: Internal Services

2009–2010 Financial Resources ($000)			2009–2010 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
1,990	3,031	4,468	22	24	2

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; Material 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 provided specifically to a program. 

For 2009–2010, the CPC set the following priority for Internal Services:

Support Management Excellence and Maintain a Workplace of Choice

The CPC used the Management Accountability Framework (MAF), the government's own blueprint for sound management, as the foundation for its planning for internal services, with a particular emphasis on public service renewal.  Although the CPC's management performance against the MAF expectations is only assessed every three years, the CPC uses the evolving MAF expectations to set management priorities.  The CPC expanded its Integrated Business and Human Resources Plan to include the identification and assessment of risks.  This initiative ensures that human resources is a fully integrated element of the CPC's business planning and reporting.  A key human resources focus was on responding to the move from year-to-year temporary funding to a fully funded new mandate.

The CPC formalized its framework for a workplace of choice.  It has invested in tools for employee performance management and learning.  These investments have paid off with retention of key staff and success with recruitment activities.

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.  Senior management recently reviewed and updated the corporate risk profile and reviewed performance against planned actions.  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 all of its Delegation of Financial Authorities instruments, designed a number of communications tools and held a training session to ensure that responsibilities where understood.

The CPC must comply with the same central agency expectations and requirements (comptrollership, management and accountability systems, security, etc.) as do medium and larger departments that enjoy substantial specialized resources in the fields of planning, IT, human and financial resources, and evaluation.  The compelling responsibilities require the CPC to identify, train and retain corporate staff with a wide scope of duties and responsibilities.

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