Commission for Public Complaints
Against the RCMP

2002-2003 Estimates
A Report on Plans and Priorities

Approved

___________________________________
Hon. Lawrence MacAulay, P.C., M.P.
Solicitor General of Canada

ISBN: 0-660-61837-0
Catalogue No: BT31-2/2003-III-84

Section I: Messages

Section II: Raison d'être

Section III: Plans and Priorities

Section IV: Organization

Section V: Annexes

In the past year, we have completed a long, arduous journey that began three years ago. The greatest challenge, as well as the greatest triumph, has been the elimination of a backlog of unresolved cases that has, for so long, prevented us from fulfilling our mandate effectively.

I continue to work on commitments to improve public communications, information management systems and complaint investigation standards to significantly enhance our effectiveness in handling public complaints against the RCMP.

Since my arrival at the Commission, I have repeatedly stated my commitment to raising public awareness about important policing issues, and my dedication to providing a complaints process that is both accessible and transparent. This process must maintain the confidence of the public, members of the RCMP and Parliament, and reflect a clear understanding of the diversity and complexity of Canadian society. The public release of my two reports on public interest investigations, a first for the Commission, was intended to serve such purposes. The report concerning the detention of Mr. Kim Erik Nielsen of Kamloops, British Columbia, who died after being taken into RCMP custody, as well as the report on events in May 1997 in the Acadian communities of Saint-Simon and Saint-Sauveur in New Brunswick, have had a definite impact on the RCMP and have been well received by the local, national and international communities. This new commitment to transparency bears witness to our dedication to our vision.

The hearing into events surrounding the Asia-Pacific Economic Cooperation (APEC) conference in 1997, the longest and most controversial public hearing in the Commission's history, was concluded during this past fiscal year. The presiding member completed the interim report on August 31, 2001 and I will be issuing the final report shortly.

The events of September 11^th and the changes that have affected Canadian society as a result, will most certainly have an impact on our work.

Shirley Heafey
Chair

The Commission is an independent agency. It is not part of the Royal Canadian Mounted Police (RCMP). The Commission's jurisdiction pertains to members of the RCMP only; it does not include members of other police forces. The Commission has the authority to make non-binding recommendations, but cannot impose discipline or make monetary awards to complainants.

The Commission's Vision and Mission Statements clearly set out why it exists, what it does and how it achieves its objectives.

Excellence in policing through accountability.

To provide civilian oversight of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public.

The mandate of the Commission is set out in Part VII of the Royal Canadian Mounted Police Act and can be summarized as follows:

The jurisdiction of the Commission pertains to RCMP members only and does not include members of other police forces. The Commission does not have the authority to make binding recommendations, impose discipline or make monetary awards to complainants.

Receipt and review of public complaints.

To provide the public with an opportunity to make complaints regarding the conduct of members of the RCMP in the performance of their duties, and to have the RCMP's disposition of those complaints reviewed by an external body in a timely, independent and impartial manner.

The Commission is an impartial and independent government institution. It receives complaints from the public and transfers them to the RCMP for investigation. It can also review the RCMP's disposition of a complaint if the complainant is not satisfied with that disposition. The Commission may conduct investigations, hold public hearings, summon witnesses, administer oaths, accept such evidence as the Commission sees fit, and make findings and recommendations to the Commissioner of the RCMP and the Solicitor General of Canada.

The Commission Chair may also initiate complaints. The Chair must also submit to the Solicitor General an Annual Report that summarizes the Commission's activities during the year and itemizes recommendations for tabling before each House of Parliament.

The elimination of the Commission's backlog of cases that began in the 1990s means that complainants and the RCMP can now expect timeliness in the review of files affecting them. The Commission is now in a position to complete new requests for review in a timely manner. Moreover, the Commission continues to reassessand refine its procedures. Such changes as the introduction of Alternate Dispute Resolution has and will continue to play a role. The process is more responsive. Written and oral feedback indicates that the public has a renewed sense of confidence in the Commission's capacity to oversee RCMP members' conduct and to hold them and the RCMP accountable for actions taken during the course of policing duties.

The events of September 11 have had an impact on all sectors of Canadian society. Increased policing responsibilities through legislative changes have and will continue to have an effect on RCMP activities and their interaction with the public. Independent oversight plays an important and vital role in maintaining public confidence during periods of change. The Commission, as a result, will be facing challenges in its role in contributing to public confidence in policing. These challenges will be in monitoring and, subsequently, addressing the effects of these changes.

As a result of the Commission's strategic planning exercise, the following initiatives have been identified as priorities over the next five years:

• to continue to respond to the public in a timely and effective manner;
• to increase public awareness of the existence and mandate of the Commission through a public communications plan and by targeting ethnic minorities or groups who often do not understand the public complaints process;
• to implement an information management plan, including the development of a database on public complaints and the dissemination of information on national law enforcement trends for policy analysis purposes;
• to implement improved policies and procedures that will breathe life into our vision, particularly for review activities;
• to develop and implement, in consultation with the RCMP and others, common standards for police investigations of complaints; and
• to continue to monitor the treatment of people in RCMP detention and the tragic deaths that can occur.

The Commission will report on the results of these initiatives in future reports to Parliament.

The fundamental role of the Commission is to provide civilian oversight of RCMP members' conduct in the performance of their policing duties. The Commission holds the RCMP accountable to the public by providing, at the request of complainants, an independent review of the RCMP's disposition of complaints and by making recommendations to the Commissioner of the RCMP.

Members of the public may make complaints about the conduct of RCMP members to the RCMP, the Commission or the provincial authority responsible for policing. Complaints are normally sent to the RCMP first. The Commissioner of the RCMP is required to report the results of investigations to complainants. If complainants are not satisfied with the RCMP's disposition of the complaint, they may ask the Commission to review the disposition of the complaint. The Chair of the Commission may also initiate a complaint if she considers there are reasonable grounds.

When reviewing the RCMP's disposition of a complaint, the Commission does not act as an advocate either for the complainant or for RCMP members. Rather, its role is to conduct an independent inquiry and reach objective conclusions based on the information available.

In conducting its review, the Commission considers all relevant information provided by the complainants and the RCMP. If not satisfied that such information is complete, it asks the RCMP for additional information or, where appropriate, conducts its own independent investigation. The Chair also has the authority to hold a public hearing to inquire into a complaint.

If the Chair or Vice-Chair is not satisfied with the RCMP's disposition of a complaint, the Commission produces an interim report of its findings and recommendations; after the RCMP Commissioner replies to the interim report, a final report is forwarded to the Solicitor General, to the Commissioner of the RCMP and to the parties. Alternatively, if the Chair or Vice-Chair concludes that the RCMP responded adequately to the complainant's concerns, a final report is delivered stating that the RCMP's disposition of the complaint was satisfactory.

The Commission reports to Parliament. The Solicitor General of Canada tables the Commission's reports; however, the Solicitor General has no involvement in the operations of the Commission.

Web Site
www.cpc-cpp.gc.ca

The Commission for Public Complaints Against the RCMP shares responsibility with the RCMP for carrying out the provisions of:

In addition, the Commission for Public Complaints Against the RCMP reports to Parliament on:

 Publications

Annual Reports
1988-1989 to 2000-2001

RCMP Act (Commission consolidation), March 1990

Police Pursuits and Public Safety (A Report by the RCMP Public Complaints Commission) Autumn 1999

External Communication and Consultation Strategy and Implementation Plan, Report from the Strategic Planning Session of the RCMP Public Complaints Commission, April 5-7, 2000

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