CHAIR'S FINAL REPORT AFTER COMMISSIONER'S NOTICE

PURSUANT TO SUBSECTION 45.46(3) OF THE RCMP ACT
FOLLOWING A PUBLIC INTEREST INVESTIGATION
PURSUANT TO SUBSECTION 45.43(1) OF THE RCMP ACT

COMPLAINANTS:
Messrs. Réjean & Robert Bellefleur

File No.: PC-2003-0819

January 20, 2005

CHAIR'S FINAL REPORT AFTER COMMISSIONER'S NOTICE

The Process

As Chair of the Commission for Public Complaints Against the RCMP (the Commission), when I consider it advisable in the public interest, I have the authority, pursuant to subsection 45.43(1) of the RCMP Act (the Act), to investigate a complaint, whether or not the complaint has been investigated, reported on or otherwise dealt with by the RCMP. Upon completion of the investigation, I am required to prepare and send a report to the Solicitor General of Canada (now Minister of Public Safety and Emergency Preparedness) and the RCMP Commissioner (the Commissioner), pursuant to subsection 45.43(3) of the Act, setting out such findings and recommendations with respect to the complaint as I see fit (the Interim Report).

Upon receipt of the Interim Report, the Commissioner is required to review the complaint in light of the report's findings and recommendations. The Commissioner must then notify me of any further action that has been, or will be, taken with respect to the complaint or provide his reasons for not acting on the findings or recommendations (the Commissioner's Notice). After I have considered such a Notice, a Final Report is prepared.

The Complaint

In a letter dated April 12, 2003 and received by the Commission on May 12, 2003, Messrs. Réjean and Robert Bellefleur complained about the conduct of Constable Michel Porlier, Corporal Robert Fullerton and other unnamed members of the Grand Falls Detachment. The complaint essentially alleges that the RCMP's investigation into the motorcycle accident which caused Guy Bellefleur's death was fundamentally flawed and that RCMP staff and officials attempted to cover up the flawed investigation.

The Public Interest Investigation

After a careful examination of the complaint of Messrs. Bellefleur, I considered that it was advisable in the public interest that the incident be investigated by the Commission independent from any investigation by the RCMP.

On July 14, 2003, I advised, by way of letter, the then Solicitor General and the Commissioner that the Commission would be instituting a public interest investigation into the complaint of Messrs. Bellefleur, pursuant to subsection 45.43(1) of the Act. The Commission also issued a press release on August 5, 2003, advising the media of the Commission's investigation.

The Interim Report

After the Commission's public interest investigation was completed, an Interim Report, dated August 19, 2004, was sent to the Minister of Public Safety and Emergency Preparedness and the Commissioner (Tab A). In summary, the Commission concluded that Constable Porlier had failed to conduct a thorough investigation of the accident which led to Guy Bellefleur's death. The Commission also concluded that the RCMP had not attempted to cover up this flawed investigation. With respect to the first of these conclusions, the Commission recommended that Constable Porlier (or the RCMP on his behalf) apologize to Mr. and Mrs. Réjean Bellefleur for his failure to conduct a thorough investigation. The Commission also recommended that Constable Porlier receive operational guidance with respect to RCMP policies and procedures concerning the proper investigation of fatal accidents.

The Commissioner's Notice

The Commissioner responded to the Commission's Interim Report by way of a letter dated November 3, 2004. I note that the Commissioner fully supports the Interim Report's findings and recommendations with respect to the complaint.

Comment

I have learned that the RCMP has already sent the letter of apology that was recommended by the Chair in the Commission's Interim Report. This created some confusion in the minds of the Bellefleur family as they had yet received the Commission's Report. However, I commend the RCMP for being so prompt in carrying out the Commission's recommendations.

Conclusion

After considering the Commissioner's Notice, I am submitting my final report pursuant to subsection 45.46(3) of the RCMP Act. Please note that the Commission's mandate in this matter is ended and no further action will be taken.