CHAIR'S FINAL REPORT

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

WITH RESPECT TO THE EVENTS OF MAY 2 TO 4, 1997
IN THE COMMUNITIES OF
SAINT-SAUVEUR AND SAINT-SIMON, NEW BRUNSWICK

NOTE: Any information that appeared in the original version of the Chair's final report, which would identify any young person who committed or was alleged to have committed an offence, has been removed from this copy of the report. Furthermore, if the original version contained any information that may have had the effect of threatening the safety of any individual, such information has also been deleted.

March 22, 2001

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CHAIR'S FINAL REPORT
FOLLOWING A PUBLIC INTEREST INVESTIGATION

INTRODUCTION

1. The Process

As Chair of the Commission for Public Complaints Against the RCMP (hereinafter "the Commission"), I have the authority to investigate a complaint, pursuant to subsection 45.43(1) of the RCMP Act (hereinafter "the Act"), concerning the conduct, in the performance of any duty or function under the Act, of any member or other person appointed or employed under the authority of the Act, when I consider it advisable in the public interest.

Upon completion of the investigation, I am required to prepare and send a report to the Solicitor General of Canada and the RCMP Commissioner (hereinafter "the Commissioner"), setting out such findings and recommendations with respect to the complaint as I see fit (my "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.

2. The Interim Report and Commissioner's Notice

As of March 20, 1998, the Commission had received numerous complaints concerning the conduct of members of the RCMP during events in which the RCMP was involved in Saint-Sauveur and Saint-Simon. I then decided to launch an investigation in the public interest into the activities of the RCMP from May 2 to May 4, 1997, in these two communities.

My interim report, dated March 28, 2000, was sent to the Solicitor General of Canada and to the Commissioner (Appendix I). In response to my findings and recommendations, the Commissioner sent me his notice dated January 12, 2001 (Appendix II).

The interim report includes a complete summary of the evidence collected during the investigation.

FINDINGS AND RECOMMENDATIONS

General Findings
I am generally pleased with the Commissioner's response to my findings and recommendations in this case. I note that efforts have already been made to implement my recommendations at the national level, as well as at "J" Division in New Brunswick. I also note that the Commissioner intends to ensure that continuing efforts are made in the following areas.

Regarding allegations of a lack of communication by the RCMP, the Policy Centre will discuss the policy with the divisions in order to address the issue of communications with the media (my recommendation No. 2).
Regarding the allegation of abuse of authority, the Policy Centre will ask the Central Divisional Training and Development Centre to look into the possibility of developing a Tactical Commander course, with the help of Learning and Development Services (my recommendations No. 4 and No. 5). In addition, the Policy Centre will amend the policy on tactical operations as it relates to dog handlers in order to facilitate joint training with tactical troops. Moreover, a certification course on the use of police service dog teams during demonstrations will be given to dog handlers (my recommendations No. 6 and No. 7).
Regarding the absence of badges or distinctive markings identifying the members of the tactical troop, the RCMP will adopt a name or number badge and will develop a matching system for identification of all members taking part in the deployment of special units (my recommendations No. 16 and No. 17).
Regarding allegations of detention, injuries and property damage, the RCMP will revise its policies regarding training techniques to ensure coordination of the various units during the deployment of the tactical troop (my recommendation No. 18).
Regarding the tear gas inventory, the Policy Centre will be developing provisions in order to address this situation (my recommendation No. 31).
2. Final Findings and Recommendations

Turning to the Commissioner's specific comments, my final findings and recommendations are as follows.

My recommendations No. 1 to No. 11 inclusive: The Commissioner agrees with my findings and recommendations; therefore, no further comment is necessary.

My recommendation No. 12:

12. I recommend that the Commissioner of the RCMP see to the development of detailed directives for situations in which suspects are arrested without warrant and it is later discovered that the reasons for arrest are erroneous or non-existent. In such circumstances, the persons held in custody should be immediately released. Furthermore, in the same circumstances, the police officers who made the arrest should offer explanations and apologies to the persons concerned.

I have considered the Commissioner's comments and I reiterate my recommendation. Despite the fact that section III.2.G.4. of the Operational Manual addresses the matter of the release of detainees who have been arrested without warrant, I still believe that the arresting officers should offer explanations, as well as apologies, to the persons involved. As stated in paragraph 37(g) of the Act, it is incumbent on every member "to act at all times in a courteous, respectful and honourable manner" and, furthermore, it is simply good community policing practice.

My recommendation No. 13

The Commissioner agrees with my finding and recommendation; therefore, no further comment is necessary.

My recommendation No. 14:

14. I recommend that the Commissioner of the RCMP ensure that the "J" Division commander write a letter of apology to Annik Mallet, Sonia Hébert and Sylvie Noël for the treatment they received from members of the RCMP in Saint-Sauveur during the weekend of May 2, 1997.

I have considered the Commissioner's comments and I reiterate my recommendation concerning Sylvie Noël, despite the evidence that seems to confirm the fact that she threw rocks. Taking into consideration the circumstances of May 2, 1997 in Saint-Sauveur, there is no excuse for the RCMP's reaction. Neither the context nor the fear they may have felt, justify the members having launched tear gas cartridges haphazardly. Furthermore, the refusal to apologize to Sylvie Noël could be interpreted as an approval of the members having retaliated.

Furthermore, in an "Errata" notice sent to the Commissioner on January 10, 2001, I recommended that a letter of apology also be sent to Yves Noël. (This omission was corrected in the English translation of my interim report.) This issue was not mentioned in the Commissioner's notice. I therefore reiterate this recommendation concerning Yves Noël.

My recommendations No. 15 to No. 18 inclusive: The Commissioner agrees with my findings and recommendations; therefore, no further comment is necessary.

My recommendation No. 19: The Commissioner agrees with my finding and recommendation. I am reassured knowing that there is now compliance with the internal policy relating to the use of plastic handcuffs, and that the initials of the member to whom they are assigned appear on the handcuffs.

My recommendations No. 20 to No. 21 inclusive:

20. I recommend that the Commissioner of the RCMP ensure that the "J" Division commander writes letters of apology to the individuals bitten by dogs, specifically Albertin Albert, Roger Foulem, Jean-Dominique Mallet, Paul Albert, Christian Noël, ----- protected ----- and ----- protected -----.

21. I recommend that the Commissioner of the RCMP ensure that the "J" Division commander writes a letter of apology to each of the following persons identified as victims of improper use of force by members of the RCMP in Saint-Simon: Pierre Lanteigne, Albertin Albert, Roger Foulem, Lucette Foulem, Jean-Dominique Mallet, Paul Albert, Lionel Foulem, Robert Jobin, Christian Noël, Mario Savoie, Marc Savoy, Antoine Godin, Géraldine Hébert, ----- protected ----- and ----- protected -----.

I have considered the Commissioner's comments and have noted his decision to forward letters of apology to certain persons only. However, I cannot agree with his comment that the RCMP need not apologize to individuals who were named in my recommendations but who did not lodge complaints. Taking into consideration the commitment to "community-based policing" that the RCMP has adhered to for several years, such a refusal suggests a reticence on its part that could hinder the work towards a complete and sincere reconciliation with the members of these two communities.

Furthermore, the Act clearly states that "any member of the public [.] whether or not that member of the public is affected" may lodge a complaint; this includes third parties. In this case, either victims or third parties complained about the incidents dealt with in my recommendations No. 20 and No. 21. In light of the number of individual and general complaints that were lodged about dog bites and abusive use of force, the Commissioner's refusal to ensure that letters of apology are sent to the persons mentioned in my above recommendations is incomprehensible. I therefore reiterate my findings and recommendations.

In an "Errata" notice sent to the Commissioner on January 10, 2001, I recommended that a letter of apology also be sent to François Lanteigne. (This omission was corrected in the English translation of my interim report.) This issue was not mentioned in the Commissioner's notice. I therefore reiterate this recommendation concerning François Lanteigne.

My recommendations No. 22 to No. 26 inclusive: The Commissioner agrees with my findings and recommendations; therefore, no further comment is necessary.

My recommendation No. 27:

27. I recommend that the Commissioner of the RCMP examine what appears to be systematic refusal to obey orders on the part of many members who took part in the events at Saint-Sauveur and Saint-Simon; and that the Commissioner ensure a process is introduced through the chain of command to prevent such a situation from becoming the acceptable norm.

Furthermore, I would like to be informed of any corrective measures taken to date.

I have considered the Commissioner's comments and I reiterate my recommendation. I acknowledge the efforts of the Commander of "J" Division concerning measures that have been taken to resolve the issue of refusals to obey orders "within the framework of a major case management system (my emphasis)." I find this response to be unclear since it does not define "major cases." Furthermore, the refusals to obey orders should be dealt with irrespective of whether or not the refusal relates to a "major case." This is a serious matter that could result in unfortunate future consequences for an elite police force like the RCMP. I therefore request an update on steps taken to ensure that RCMP members will obey orders in the future.

My recommendation No. 28 to No. 31 inclusive: The Commissioner agrees with my findings and recommendations; therefore, no further comment is necessary.

III. CONCLUSION

I count on the continuing goodwill of the RCMP and I ask the Commissioner to keep me apprised, within the next six months, of developments and progress concerning the implementation of my recommendations.

Pursuant to subsection 45.46(3) of the RCMP Act, this is my final report to the Solicitor General, the Commissioner of the RCMP and the parties involved with respect to these complaints.

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Chair

March 22, 2001

Shirley Heafey
Chair
Commission for Public Complaints Against the RCMP
P.O. Box 3423, Station "D"
Ottawa, Ontario
K1P 6L4

NOTE: ORIGINAL IN FRENCH SIGNED MARCH 22, 2001

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