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Commission for Public Complaints
Against the Royal Canadian Mounted Police

2005-2006

Report on Plans and Priorities

The Honourable Anne McLellan, P.C., M.P.
Deputy Prime Minister and
Solicitor General of Canada
(Minister of Public Safety and
Emergency Preparedness Canada)

Table of Contents

Section I - Overview

Chair's Message

Summary Information

Raison d'être: Vision, Mission and Mandate

Financial Resources

Human Resources

Commission Priorities

Commission Plans and Priorities

Strategic Outcome

Program Activity

Planning Environment

Commission Priorities

Section II - Analysis of Program Activities by Strategic Outcome

Analysis by Program Activity

Strategic Outcome

Program Activity

Financial Resources

Human Resources

Program Activity Description

Expected Results

Support for Commission's Priorities

Performance Indicators

Section III - Supplementary Information

Management Representation Statement

Commission Organization

Organizational Structure

Rationale for Organization Structure

Table 1: Departmental Planned Spending and Full Time Equivalents

Table 2: Program by Activity

Table 3: Voted and Statutory Items Listed in Main Estimates

Table 4: Net Cost of Department for the Estimates Year 2005-2006

 

 

SECTION I
OVERVIEW

Chair's Message

The Commission for Public Complaints Against the RCMP provides an independent review of the conduct of members of Canada's national police service. This review provides Canadians with the assurance that, in response to a complaint, conduct will be reviewed, and improvements recommended to the Commissioner of the RCMP. Approximately 79% of the recommendations are accepted by the RCMP. It is my pleasure to represent Canadians as Chair of this Commission, and to work cooperatively with the RCMP in ensuring excellence in policing through accountability and to contribute to providing safe communities for all Canadians.

For the 2005-2006 fiscal year, the Commission has adopted two strategic priorities to ensure that we are ready for future challenges. The first of these priorities, Setting the Scene, will entail clarifying the mandate, powers and relationships of the Commission. During this year, we also plan to improve our information-sharing protocols with the RCMP, and to reach out to communities (e.g., aboriginal and Muslim communities) that have expressed concerns with RCMP conduct, but also have concerns with using our complaint process.

The second strategic priority of the Commission, Doing it Better, will involve improving management practices and communications. While beginning to implement HR modernization, the Commission will also be responding to an audit of staffing by the Public Service Commission and to classification monitoring by the Public Service Human Resources Management Agency. In conjunction with the conduct of the Kingsclear Public Interest Investigation that I announced on May 27, 2004, the Commission will be implementing an electronic investigation management system to enable this and any future investigations. Initiatives to improve internal and external communications are also on the agenda.

With respect to ongoing operational priorities, the Commission plans to document and formalize many of our business processes to ensure consistency in reviews and to enable orientation and training; set and achieve targets for complaint processing and reviews; undertake much of the Kingsclear Public Interest Investigation; establish a corporate planning and reporting cycle; and clarify management accountabilities, authorities and expectations.

I am pleased to be in a position to take on such an aggressive agenda. In the 2004-2005 fiscal year, I completed a review of the management positions of the organization and filled them with a talented group of people who are coming together as an effective and productive team. As a result, 2005-2006 presents an opportunity for the Commission not only to implement many of the government-wide changes, but also to ensure that we are ready for current and future challenges in the review of RCMP conduct.

Shirley Heafey
Chair

Summary Information

Raison d'être: Vision, Mission and Mandate

The Commission is an independent agency. It is not part of the Royal Canadian Mounted Police (RCMP). The Commission deals with complaints made by any member of the public concerning the conduct of members of the RCMP in the performance of their policing duties. Complaints can also be made about the conduct of any other person appointed or employed under the RCMP Act. Individuals can lodge a complaint even if they are not directly involved in the incident.

The Commission has the authority to make findings and recommendations, but cannot impose discipline or make monetary awards to complainants.

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

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 Commission 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;
  
  
• To conduct reviews when complainants are not satisfied with the RCMP's disposition of their complaints;
  
  
• To hold hearings and investigations; and
  
  
• To report findings and recommendations.

Commission Plans and Priorities

Strategic Outcome

Upholding safe communities through the promotion of Canadian values of respect for human and civil rights, multiculturalism and diversity, equality and fairness, and respect for the rule of law.

Program Activity

Civilian review of RCMP members' conduct in the performance of their duties.

Planning Environment

The Commission is an impartial and independent government institution. It receives complaints from the public and refers them to the RCMP for investigation as required by the RCMP Act. It can also review the RCMP's handling of a complaint if the complainant is not satisfied. The Commission may initiate complaints, conduct investigations, hold public hearings and make findings and recommendations to the Commissioner of the RCMP.

The Commission receives its funding from Treasury Board through an appropriation from Parliament. Funding is drawn from the Consolidated Revenue Fund, and its expenditures are reported in the Public Accounts.

The foundation laid in the strategic planning exercise undertaken in the development of the 2004-2005 Report on Plans and Priorities, which linked the Commission's strategic objectives and management focus to the elements of the Management Accountability Framework (MAF) will continue to underlie all of the Commission's activities for the foreseeable future. Specifics on the progress in these areas will be detailed in the upcoming Departmental Performance Report for 2004-2005. Governance, Policy and Programs, Public Service Values, People, Risk Management, etc., are the elements at the core of the planning process and are embodied in all of the Commission's priorities while at the same time are adapted uniquely to the climate and mandate of the Commission.

In addition to the principles described above, in establishing its priorities for this planning period the Commission focused on environmental influences and changes from previous periods. Risks and challenges were identified and strategic and operational priorities categorized.

As our Chair emphasized in her message, the strategic priorities for the Commission at this time centre on the following themes:

• Setting the Scene
  
  
• Doing it Better

In Setting the Scene, the Commission is in the process of clarifying and defining its relationship with the RCMP in regards to the requirement of the Commission for access to information required to exercise fair and appropriate review. The Commission is responsible for RCMP review in all areas including national security. The extent of the mandate for this responsibility remains unclear from the perspective of certain stakeholders in the process.

Within its core business processes and in the context of Doing it Better, the Commission faces challenges dealing with information management and a consistently high caseload. While the number of complaints lodged is outside the control of the Commission, the inventory and complaints expectations must still be managed and serviced consistently with respect to quality and timeliness.

The Commission is also embarking on a large-scale investigation into allegations relating to RCMP conduct in relation to the Kingsclear training school in New Brunswick. This investigation will be a primary focus of the Commission over the full extent of the planning period. Ensuring the most thorough and efficient conduct of this investigation and providing for facilitating future investigations, the Commission will undertake the development and implementation of an e-Workspace investigation management system.

Doing it Better with respect to communications and outreach will also be a significant priority in this planning period. This was identified as a priority in last year's Report on Plans and Priorities and continues to occupy a significant place on the agenda. Canadians must be informed of the Commission's existence and mandate so that those who are most affected by policing issues may benefit from the Commission's activities.

Lastly, and continuing with the themes and focus of last year's Report on Plans and Priorities, close attention will be paid to the management framework within the Commission. With essentially a new management team in place within the last fiscal year, clarifying and facilitating the monitoring of management accountabilities, authorities and expectations will become a priority. Formalizing and institutionalizing a corporate planning and reporting cycle and setting and achieving corporate service levels and standards, which will be integrated into management performance accords, will also be undertaken in this planning period.

SECTION II
ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Analysis by Program Activity

Strategic Outcome

Upholding safe communities through the promotion of Canadian values of respect for human and civil rights, multiculturalism and diversity, equality and fairness, and respect for the rule of law.

Program Activity

Civilian review of RCMP members' conduct in the performance of their duties.

Program Activity Description

The Commission for Public Complaints against the RCMP is an independent federal agency established in 1988 to review public complaints about the conduct of RCMP members in a fair and impartial manner.

The fundamental role of the Commission is to provide civilian review 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 handling of the complaint, they may ask the Commission for a review of their case. The Chair of the Commission may also initiate a complaint if she considers there are reasonable grounds.

When reviewing 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 interest hearing to inquire into a complaint.

If the Chair or Vice-Chair is not satisfied with the RCMP's handling 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 Minister of Public Safety and Emergency Preparedness, to the RCMP Commissioner 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 handling of the complaint was satisfactory.

The work of this Commission has to be relevant, on a number of levels. The processing of complaints we receive, the investigations we conduct and the reports we write, must all be of the highest quality. The work is relevant only if what we produce can withstand the highest scrutiny, be understood by both the complainants and the RCMP members involved, while generating meaningful debate about the issues we address.

With this sustained relevance, we are in a unique position to make an important contribution to the policy responsibility of the Department of Public Safety and Emergency Preparedness Canada.

The Commission pays close attention to cases involving police conduct related to the treatment of persons in custody, cell deaths, the use of force, the treatment of mentally ill persons, relations between Aboriginal communities and police, and high-speed police pursuits. Recent developments in anti-terrorism and organized crime legislation and the use of these extraordinary new powers given to the police is of tremendous interest to the Commission also.

Currently over 79% of the Commission's adverse findings and related recommendations have been accepted by the RCMP Commissioner. Commission recommendations are influencing RCMP conduct and national policing policy, one case at a time.

Expected Results

1. The Commission's findings and recommendations are accepted by the RCMP Commissioner.
   
   
2. The Commission's recommendations are influencing RCMP conduct and national policing policy.

Support for Commission's Priorities

The program activity support for each of the Commission's priorities for the planning period becomes evident by examining the core sub-activities that the Commission is mandated to perform. The Commission has one program activity, as described above, and five core sub-activities for providing service to the public: receipt of complaints, conduct of reviews and appeals, public interest activities, communications and the review in respect of the national security activities of the RCMP.

Each of these sub-activities supports one or more of the priorities of the commission for the planning period. The receipt of complaints, conduct of reviews and appeals and public interest directly support priorities 2, 3 and 4. Communications and national security activities review support priority 1. All sub-activities of the Commission support the priorities of effective management and governance.

Performance Indicators

1. The quantity and quality of interactions among the complainant, the RCMP and the Commission, enabling the complainant's story to be heard, recorded and followed up;
   
   
2. Findings and recommendations accepted by the RCMP Commissioner [short term];
   
   
3. Amendments to RCMP policy and training practices as a result of Commission reviews, investigations and hearings [medium term];
   
   
4. Changes in public perception as it relates to role of the RCMP [long term].

SECTION III
SUPPLEMENTARY INFORMATION

Management Representation Statement

I submit for tabling in Parliament, the 2005-2006 Report on Plans and Priorities (RPP) for the Commission for Public Complaints Against the Royal Canadian Mounted Police.

This document has been prepared based on the reporting principles contained in the Guide to the Preparation of Part III of the Estimates: Reports on Plans and Priorities.

• It adheres to the specific reporting requirements outlined in the TBS guidance;
  
  
• It uses an approved program activity architecture (PAA) structure;
  
  
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  
  
• It reports finances based on approved planned spending numbers from the Treasury Board Secretariat.
  
  

Shirley Heafey
Chair

Commission Organization

Organizational Structure

Rationale for Organization Structure

The top executive structure composed of the Chair, the Vice-Chair, Members, the Executive Director and the Senior General Counsel has been in existence since the Commission was established and it has proven to be a sound and effective arrangement.

The senior management structure on the other hand has changed and grown gradually over the last 10 years and was finally established in the past fiscal year to provide for optimum accountability for at least the medium term.

Chair

The Chair is the Chief Executive Officer and full-time member of the Commission. The Chair is appointed by order of the Governor in Council. The Chair has supervision over and direction of the work and staff of the Commission.

The Chair has a full-time Vice-Chair who reports directly to her and she may delegate to the Vice-Chair any of the Chair's powers, duties or functions, except the power to delegate and the duty to submit an annual report for tabling in Parliament.

The Chair may have a complement of 27 full or part-time members who may be assigned to conduct hearings. Reporting directly to the Chair are the Executive Director and the Senior General Counsel.

Vice-Chair

The Vice-Chair of the Commission assists and supports the Chair. The Vice-Chair may be called upon to initiate alternative dispute resolution of complaints when appropriate. The Vice-Chair takes responsibility on behalf of the Chair, when delegated, for preparation and delivery of all interim and final reports following reviews, investigations and hearings, including the findings and recommendations contained therein.

Members

Members of the Commission are appointed on a part-time basis by order of the Governor in Council for each province and territory that contract for Royal Canadian Mounted Police (RCMP) services, after consultation with the Minister or other elected representatives responsible for police affairs in that province or territory. The Commission does not currently have any part-time members.

Executive Director

The Executive Director is a permanent position in the EX category reporting to the Chair and responsible for providing support to the Chair; leadership, strategic direction and oversight over the resources, operations, management and administrative infrastructure of the Commission; the continuing review, evaluation, streamlining and evolution of policies and processes; the management framework, and service delivery strategy; the development and implementation of a communications strategy; constructive relations with the RCMP and the provinces/territories; and the provision of advice on administrative matters to the Chair. As Senior Financial Officer, the Executive Director is required to develop and defend before Treasury Board, justification for additional funding and to explore cooperative funding arrangements.

The following positions report directly to the Executive Director:

• Director General, Reviews and Policy
  
  
• Director, Complaints and Investigations
  
  
• Director, Special Projects
  
  
• Director, Corporate Services
  
  
• Comptroller
  
  
• Head of Communications

Senior General Counsel

The Senior General Counsel is a permanent position in the LA category reporting to the Chair and responsible for the management of the Legal Services Unit; the provision of legal advice, opinions and expertise to the Commission; and representation of the Commission at different levels of appeal, up to and including the Supreme Court of Canada. This includes advice on policy and procedures formulation, and respecting rules and procedures for the conduct of all Commission hearings.

The Senior General Counsel manages the Legal Services Unit, including regular staff and part-time counsel; delegates legal work based on expertise and specialization of staff; provides prior advice on legal, interpretative, and conflicting legislative instruments issues; identifies the need for outside counsel; and exercises quality assurance over all Commission legal work.

MANAGERS REPORTING TO THE EXECUTIVE DIRECTOR

Director General, Reviews and Policy

The Director General, Reviews and Policy, is a permanent position in the EX category, reporting to the Executive Director, accountable for overseeing the review and investigation of those complaints where the complainant is dissatisfied with the RCMP's handling of the complaint; developing and implementing a strategy to reduce the caseload of outstanding cases; developing a simplified process to increase output; reviewing, assessing and negotiating changes to RCMP plans to address recommendations; and developing recommendations for the provision of ministerial direction.

He/she is accountable for developing a strategic planning framework and policy capability for the Commission; directing analytical studies of high-profile policing policy issues that require attention beyond individual cases; developing and implementing accountability reporting instruments; and reviewing and critiquing the annual report of the RCMP.

Director, Complaints and Investigations

This position has been renamed from Director, Enquiries and Complaints and has been revised to include investigations and an outreach program. The Manager, Investigations now reports to this Director.

The Director, Complaints and Investigations is a permanent position in the EX category reporting to the Executive Director, accountable for: directing a complaints resolution process; developing tools, standards, guidelines, tracking, and control mechanisms to expedite the analysis and resolution of complaints; the development and promulgation of Alternate Dispute Resolution procedures; the design, introduction and direction of a complaints investigation regime; the direction of a community outreach program; the development and management of a pool of independent mediators; and marketing the complaints resolution and investigations functions with the RCMP and promoting an attitudinal change towards it on the part of the RCMP rank and file.

Director, Special Projects

The Director, Special Projects, is a permanent position in the EX category reporting to the Executive Director. The incumbent has been on long-term disability for three years and there is no anticipated return date in the near future.

This position will be replaced by a new permanent position in the EX category reporting to the Executive Director titled Director, Major Projects and Research.

The Director, Major Projects and Research will be responsible for monitoring current and evolving issues in the administration of justice and policing programs; developing criteria for the introduction of major projects; the design of project management frameworks, including funding rationale; the management of major projects; the organization and conduct of major public hearings; the development and management of innovative analytical frameworks and tools; the development and management of information systems and the provision of advice to the Commission.

Director, Corporate Services

The Director, Corporate Services is a permanent position in the AS category reporting to the Executive Director. He/she is responsible for the provision of advice and expertise to the Chair and Members on identification of needs, planning and management of the delivery of the full range of corporate services for the Commission; directs business planning, funding, resource allocation, organizational and service delivery; and provides expertise, advice and services in security, accommodation, information management and material management.

Corporate services include financial planning and services, business planning, information management, human resources, ATIP, systems, security, accommodations and facilities management, procurement, contracting, and library services.

Comptroller

The Comptroller is a newly created permanent position in the FI category reporting to the Executive Director. This is the Commission's Senior Full-time Financial Officer (SFFO).

The Comptroller is accountable for the design, development, management, implementation and promotion of the Commission's strategic, business and operational planning framework; plans and manages the preparation and consolidation of documents such as the Program Activity Architecture, Business Plan, Annual Reference Level Update, Estimates, Report on Plans and Priorities and the Departmental Performance Report. He/She manages the preparation of mandatory reports and financial statements to Central Agencies.

The Comptroller provides professional advice and guidance to all managers and staff on all aspects of financial planning, operations and administration and on related government planning, legislation, policies, practices and procedures and generally accepted accounting practices.

He/She conducts financial reviews and challenges TB submissions, budget proposals and the accuracy of financial models.

Head of Communications

This is a permanent position in the IS category which reports to the Executive Director. The Head of Communications is responsible for communication strategies, plans, advice, products, services, revision and editing unit and support for the Chair, Vice-Chair, Executive Director, senior management, and staff of the Commission. This position is responsible for the Commission's Annual Report as well as all internal and external communication documents.