Commission for Public Complaints Against the RCMP Performance Report For the period ending March 31, 2003 The Hon. Wayne Easter, P.C., M.P. Solicitor General of Canada Table of Contents Section I - Chair's Message Section II - Commission Overview     Vision     Mission     Mandate     Jurisdiction     Core Values     Organization Chart - Commission for Public Complaints Against the RCMP Section III - Performance Accomplishments     Context and Background     Reporting on Plans and Priorities by Strategic Outcome     Risks to Commission Mandate - Strategies to Mitigate the Risks     Linking Resources to Outcomes Section IV - Financial Performance     Financial Performance Overview     Financial Table 1: Summary of Voted Appropriations     Financial Table 2: Comparison of Total Planned Spending to Actual Spending     Financial Table 3: Historical Comparison of Total Planned Spending to Actual Spending Section V - Modern Management Initiatives     Capacity Assessment     Commission Activities - Flow Chart     Performance Measurement     Evaluation/Audit Section VI - Other Information     Contacts for Further Information and Web site     Legislation     Publications Section I - Chair's Message The Commission for Public Complaints Against the RCMP is an active partner in the Federal Government's commitment to foster safe and strong Canadian communities by promoting excellence in policing through accountability. Our ultimate goal and what is of real value to Canadian society as a whole, is improving policing conduct through accountability. The Commission's reports make findings and recommendations to the Commissioner of the RCMP and the Solicitor General of Canada. The Commission faces some key challenges, including: developing a mature risk management structure providing services in a timely manner; attracting and retaining qualified personnel; raising public awareness of our services and developing effective tools to measure our success in promoting policing excellence. Over the past year, the Commission has completed a capacity assessment exercise as part of the government-wide modern comptrollership initiative. Through this process, we have begun to address the challenges we face. The Commission has key leaders in place, the corporate strategy has been updated, we are in the initial stages of developing measurement tools and we are just beginning to execute the strategy. Improving service delivery to Canadians is a priority and we are moving forward to make that happen. Shirley Heafey Chair, Commission for Public Complaints Against the RCMP Section II - Commission Overview The Commission is an independent agency and 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. A person can lodge a complaint, even if not directly involved in the incident. The Commission's Vision and Mission Statements clearly set out why it exists, what it does and how it achieves its objectives. Vision Excellence in policing through accountability. Mission To provide civilian oversight 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 RCMP 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 handling of their complaints; To hold hearings and investigations; and To report findings and make recommendations. Jurisdiction The jurisdiction of the Commission applies 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. Core Values The following core values guide the Commission's work and reflect the work environment for which we strive: Effective communication Excellence Fairness Independence Integrity Objectivity Professionalism Respect Teamwork Timeliness Organization Chart - Commission for Public Complaints Against the RCMP Click for larger view. Section III - Performance Accomplishments Context and Background The Government of Canada is committed to fostering strong communities that reflect and reinforce the values that are important to Canadians. These values include respect for peace and the rule of law; respect for human and individual rights; and respect for diversity. The Commission for Public Complaints Against the RCMP plays an important role in maintaining strong and safe communities by providing civilian oversight of RCMP members' conduct in performing their policing duties. The Commission is an impartial and independent government institution whose main stakeholder is the Canadian public. It receives complaints from the public and forwards them to the RCMP for investigation. It can also review the RCMP's handling of a complaint if the complainant is not satisfied with the results of the RCMP investigation into the complaint. The Commission may conduct investigations, initiate complaints, 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's key stakeholders or partners are the Canadian public; RCMP members and senior leadership; and the department of the Solicitor General. The strategic outcome for the Commission is to provide civilian oversight of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public and promote excellence in policing. Reporting on Plans and Priorities by Strategic Outcome In previous reports to Parliament, the Commission has identified the following priorities: Respond to the public in a timely and effective manner; Increase public awareness of the existence and mandate of the Commission; Implement an information management plan, including development of a database on public complaints; Implement improved policies and procedures, particularly for review activities; Develop and implement common standards for police investigation of complaints; and Continue to monitor treatment of people in RCMP detention and cases involving cell deaths. The Commission continues to consider these initiatives as priorities. A database was successfully implemented for tracking complaints and requests for review. Known as the case-tracking system, the upgrades have continued throughout 2002-2003. Further refinements are needed and plans are underway to achieve the full potential of this system. The Commission continues to monitor RCMP investigations into complaints in order to assist them to develop and implement uniform standards across the country. The monitoring of people in detention and cell deaths is part of providing reviews of complaints and will no longer be reported as a separate initiative. For more information on this topic, please consult the 2002-2003 Annual Report on the Commission's web site: www.cpc-cpp.gc.ca Reporting on the remaining initiatives follows below. It has been organized into a risk/mitigation strategy format to clearly identify the challenges facing the Commission and the plans the Commission is following to deal with those challenges. Section V features reporting on the modern management initiative and includes a flow chart of Commission activities. Risks to Commission Mandate - Strategies to Mitigate the Risks Risk - Timeliness The greatest risk the Commission faces when trying to fulfil its mandate is providing services in a timely manner. It has been a constant challenge since the inception of the Commission. There have been more requests for review received each year than the Commission can process. In fiscal year 2001-2002, the Commission received 213 requests for review and it processed 133 reports. In the fiscal years 2000-2001, the Commission put heavy emphasis on reducing what was termed the "backlog" of cases. In that period, over 430 review reports were produced. That was an exceptional achievement, but it had unintended consequences. Commission staff worked long hours, the Commission paid out a large amount of money to cover that overtime. The "backlog" was substantially reduced to under 240 cases; the year before, the "backlog" was nearly 500 cases. However, it was simply not feasible to continue to operate in that fashion. Employees became fatigued by the sustained period of overtime required to achieve the result and the allocation of resources to this endeavour meant that there were other activities that the Commission could not pursue. It was not a sustainable approach. Once the Commission ended the "blitz" period, it became evident that it was not possible to keep up with the public's demand for review of their complaints. The caseload started growing again. Part of the problem stems from the process itself. The Commission formulates complaints received from the public. It then sends complaints to the RCMP for investigation. This usually is accomplished within three to five days. The RCMP then completes its investigation of the complaint. There are no timeframes for this process. The RCMP then sends the results of its investigation to the complainant. If the complainant is satisfied, that is the end of the process. If complainants are not happy with the way the RCMP handled their complaint, they contact the Commission to request a review. Once the request for review is received, it is reviewed by staff and then goes into the screening process in chronological order. The caseload at the end of March 2003 was comprised of over 400 cases awaiting evaluation. In some circumstances, the Commission finds it necessary to request that the RCMP complete a further investigation to deal with some part of an allegation that was not addressed in its investigation. In rare cases, the Commission may find it more appropriate to conduct its own supplementary investigation. It can take anywhere from a few days to several months for a request for review to be examined by a Reviewer Analyst. When the examination is complete, the Commission determines whether the RCMP's handling of the complaint was satisfactory or not, based on applicable standards of conduct outlined in the Criminal Code, the Canadian Charter of Rights and Freedoms, and RCMP administrative or operational policy. In cases where the Commission is not satisfied, an interim report is sent to the RCMP Commissioner and the Solicitor General containing findings and recommendations. The RCMP Commissioner prepares a response, known as a Commissioner's notice, that deals with the findings and recommendations made by the Commission. There are no timelines regarding this part of the process. Once the RCMP Commissioner's notice is received, a final report is prepared by the Commission Chair. The final report is sent to the complainant, the RCMP Commissioner and the Solicitor General. The risk for Canadians is primarily that the Commission's recommendations may take many years to be implemented as policy changes by the RCMP. For complainants, such a time lag provides little comfort. As well, RCMP members suffer from the time delay by having unresolved complaints pending against them for long periods of time. The goal of the Commission is to improve relevancy by improving timeliness. Strategies to Mitigate the Risk - Timeliness Recognizing that reviews are one of the Commission's three core services provided to Canadians, the Commission focused on developing strategies to identify areas for improvement. The Western Region office introduced alternative dispute resolution (ADR) procedures in 2000-2001. In 2002-2003, there were 280 successfully resolved complaints using ADR. For more information on the ADR process, please see the 2002-2003 Annual Report located on the Commission's web site www.cpc-cpp.gc.ca This initiative saves time and resources as the complaint is dealt with quickly and informally. ADR has proven, at the Commission and in other oversight organizations, to offer a more satisfactory resolution to the issues for all parties concerned. In 2002-2003, a new Acting Director of Policy and Reviews launched a comprehensive analysis of the review process. This resulted in the development of two new tools: a checklist and a screening procedure. These processes will be evaluated over the coming year to ensure that implementation has resulted in an improvement in the number of reviews processed by the Commission. The checklist is used by Reviewer Analysts to ensure that all documentation has been reviewed and all legal issues identified and addressed. The checklist is discussed with the Legal Services Unit to ensure that analysis of the cases is thorough and that proposed findings and recommendations are well founded. The Reviewer Analyst drafts the report for certification by Legal Services. This means any legal issues are addressed earlier in the process, thereby minimizing editing of reports once they have been drafted. This process is designed to speed up the approval of the report. The screening procedure involves experienced Reviewer Analysts examining the request for review, determining if all the relevant material has been obtained from the RCMP, and ensuring the allegations made in the complaint are clear. This allows the review case to be assigned to a Reviewer Analyst who has experience with that specific type of complaint. It also ensures the Reviewer Analyst has all the relevant material assembled prior to the analysis of the allegations. The Commission needs to develop measurement tools to evaluate this process over the next year. Public complaints come to the RCMP or to the Commission. During the 2002-2003 fiscal year, the Commission examined the way complaints are formulated when they come to the Commission, recognizing that allegations made by complainants were not always comprehensively addressed in the complaint form. The goal of this ongoing project is to include more information in the complaints to ensure the complainant's concerns can better be addressed at the review stage. Results - Timeliness The Commission resolved eighty-six percent of its longest-standing, most complex cases - issuing interim or final reports for all but five of its remaining pre-2000 requests for review. To tackle the building caseload, the Commission renewed its review team by hiring a new team leader, as well as increasing the number of internal Reviewer Analysts and roster of external review contractors. Risk - Relevancy To Canadian Public A secondary risk for the Commission is one of visibility. There were several media stories during the year that involved issues of interest to the Commission such as: use of force; high-speed police pursuits; treatment of persons with mental illness; new police powers under the anti-terrorism legislation; organized crime legislation; treatment of aboriginal persons by police; cell deaths and so on. The Commission was not contacted to provide comment on these stories, nor did reporters seem aware of the Commission's existence. There is a general lack of knowledge about the services provided by the Commission and this reduces the Commission's relevancy. Strategies to Mitigate the Risk - Relevancy To Canadian Public The Commission decided to respond to media stories of interest through letters to the editors. This has had some impact on increasing the public profile of the Commission. The Chair of the Commission gave more proactive interviews, particularly on the issue of policing of aboriginal persons. The RCMP has placed a high priority on improving its relationship with aboriginal communities. The Commission has chosen, as one of its priorities, complaints and requests for review originating with aboriginal persons. The goal is to provide the RCMP with concrete recommendations for improvement in native policing. The Chair made a presentation in Montreal on best practices when policing persons with mental illness. The audience was comprised of police officers from all levels of police forces in Canada, which provided an excellent opportunity to share recommendations with the leaders who can put ideas into action. The Commission continues to identify more proactive outreach opportunities. The Commission also allocated significant resources to redesign the web site and ensure that it meets the government-wide Common Look and Feel (CLF) initiative. The launch of the new site was supposed to be prior to March 31, 2003; however, technical delays and the need to develop more extensive content have led to a planned launch of August 2003. In the future, the Commission will have to consider developing a measurement tool to ascertain public knowledge of the Commission to develop a baseline for comparison purposes. Results - Relevance to Canadian Public More proactive responses to media reports on RCMP conduct. Highlighting of policing issues related to allegations of serious maltreatment of aboriginal and mentally ill Canadians. Commission web site revamped. Risk - Independent Investigations The Commission process, as set out by legislation, involves sending complaints to the RCMP for initial investigation. In some cases there are sensitivities, due to the nature of the complaint, that make it preferable for the Commission to investigate the complaint on its own rather than send it to the RCMP. Such circumstances would include allegations of a severe or traumatic nature; allegations made by multiple complainants, or allegations involving an issue of particular interest to the Commission, such as high-speed police pursuits. In such circumstances, the Chair of the Commission can call a public interest investigation. Once an investigation is called, the Commission sends its own investigator to collect information and make a report to the Chair. The Chair's final report is made public at the Commission's discretion. The Commission decided in 2002-2003 that conducting public interest investigations should be a priority because they enhance independence from the RCMP and they provide an excellent service to the complainant(s) involved. Often the policy recommendations that emanate from a public interest investigation are broader in nature and are of real benefit to improving Canadian policing practices. One such example is the Saint-Simon/Saint-Sauveur investigation in New Brunswick. A copy of this report can be found on the Commission's web site: www.cpc-cpp.gc.ca Strategies to Mitigate the Risk - Independent Investigations The Commission hired a full-time Manager of Investigations in 2002 and allocated more resources to performing public interest investigations. However, the limited nature of Commission funding means there is a finite number of investigations that can proceed during a year. The investigations have garnered media interest and increased the public profile of the Commission. Results - Independent Investigations New Manager of Investigations with resources reallocated to undertake more investigations. Risk - Sustainable Workforce The Commission's main product is essentially intellectual property - its Enquiries/Complaints, Review and Legal Services teams are comprised of highly experienced knowledge workers who are valuable and valued contributors to the Commission's results and success. Enquiries and Complaints Analysts in the Western Region office play a key role in assisting citizens to formulate their concerns about RCMP conduct and in determining whether complaints can first be resolved informally. The members of this team have a sound understanding of policing practices, detailed knowledge of the RCMP mandate and structure, as well as specialized expertise in alternate dispute resolution techniques. Reviewer Analysts are responsible for the thorough examination of review files and for the drafting of reports. To do this, they require, and possess, extensive training or experience in dealing with criminal law and Charter issues, a sound understanding of policing practices and policy, as well as well-honed analytical and writing skills. Members of the Legal Services Unit are charged with determining and assessing legal issues arising from review cases as well as public interest investigations and hearings. They also provide legal advice to the Chair and Vice-Chair on a broad range of administrative law issues and, where required, on any civil litigation matters or Federal Court proceedings. The Commission's complement of 44 staff members includes communications, records management and other administration specialists whose skills are key to supporting its role and operation as a leading oversight organization. In a small organization like this one, each person brings a valuable skill set. Staff retention in the federal public service is a challenge, particularly so for a small organization, due to the wide variety of opportunities for career advancement that the private sector and larger government departments can offer. It takes approximately one year to fully train most of the specialists who work at the Commission. Careful selection of each new staff member is critical, as is their ongoing training and retention. Each person who departs takes his or her valuable experience out of the Commission. Based on past experience, the risk to the Canadian public is that departures can have an impact on the timeliness of reports and the Commission's production targets for review reports. Strategies to Mitigate the Risk - Sustainable Workforce The Commission acknowledges that attracting and retaining personnel is a key priority to ensure success in meeting our timeliness goals. The Commission is studying the most effective ways to address job classifications, boost morale, increase job satisfaction and ensure employees feel valued. Results - Sustainable Workforce Team of Reviewer Analysts substantially increased with hiring of four new staff as a result of a national competition. Linking Resources to Outcomes As indicated in Section V, the Commission has basically three main activities or lines of business: Receiving and processing complaints; Conducting reviews of complaints; and Conducting public interest investigations and hearings. The total operating budget for the Commission in 2002-2003 was $4.83 million. That covered the salaries of 44 people and the requirements to operate the Commission. Section IV - Financial Performance Financial Performance Overview During 2002-2003, $194,000 was received from Treasury Board Vote 15 to cover the increase in salaries negotiated through collective bargaining. In addition, the Commission received carry-forward amounts of $48,698 and $137,640 from Treasury Board Vote 10 for the Modern Comptrollership Project. The following tables are applicable to the Commission for Public Complaints Against the RCMP: 1. Summary of Voted Appropriations 2. Comparison of Total Planned Spending to Actual Spending 3. Historical Comparison of Total Planned Spending to Actual Spending Financial Table 1: Summary of Voted Appropriations Financial Requirements by Authority ($ thousands) Authorities for 2002-03 Vote 2002-2003 Planned Spending 2002-2003 Total Authorities 2002-2003 Actual Commission for Public Complaints Against the RCMP 50 Operating expenditures 3,969 4,349 4,344 (S) Contributions to employee benefits     478     478     478 Total for the Commission 4,447 4,827 4,822 Total Authorities are Main Estimates and Supplementary Estimates of $48,698, Vote 15 in the amount of $194,000 and Vote 10 in the amount of $137,640. Financial Table 2: Comparison of Total Planned Spending to Actual Spending Commission Planned Versus Actual Spending ($ thousands) 2002-2003 Receipt and review of public complaints Planned Total Authorities Actual FTEs     44     -    44 Operating 4,447 4,827 4,822 Total Net Expenditures 4,447 4,827  4,822  Costs of services provided by other departments    469   469   469 Net Cost of the Program 4,916 5,296 5,291 Financial Table 3: Historical Comparison of Total Planned Spending to Actual Spending Commission Planned Versus Actual Spending ($ thousands) 2002-2003 Actual 2000-01 Actual 2001-02 Planned Spending Total Authorities Actual Commission for Public Complaints Against the RCMP 5,249 4,653 4,447 4,827 4,822 Total 5,249 4,653 4,447 4,827 4,822 Total Authorities are Main Estimates and Supplementary Estimates of $48,698, Vote 15 in the amount of $194,000 and Vote 10 in the amount of $137,640. Section V - Modern Management Initiatives Capacity Assessment In accordance with Treasury Board guidelines, the Commission carried out a capacity assessment during fiscal year 2002. The baseline assessment identified 22 areas of improvement in relation to management practices. The Commission is fully committed to the implementation and the rationale of utilizing modern management practices. Over the coming years, Commission management will integrate modern management principles in its day-to-day operations. The next step in the Treasury Board process will be submitting the Action Plan in the fall of 2003. Commission Activities - Flow Chart The flow chart below identifies the links between the activities of the Commission and the achievement of its outcomes. The activities sections detail the key activities that Commission staff perform to contribute to the achievement of the outcomes. Outputs refer to the product that results from the activities and they provide evidence that the activity was performed. There are three types of outcomes, immediate, or short-term results; intermediate, or medium-term results that build on the short-term results; and the final result which are generally outcomes that take a longer time to be realized and relate directly to the strategic goal of the Commission. Commission Activities - Flow Chart  Performance Measurement The Commission started the process of developing performance measurement tools in 2002-2003. A consultant was engaged to provide a thorough assessment of production capacity and to guide the Commission through the process of determining what activities should become priorities in the next fiscal year. For 2002-2003, the key indicators of performance remain the number of: Complaints and enquiries - 2006 Successful ADR cases - 280 Reports signed - 133 Public interest investigations completed - 2 The Commission is committed to developing improved performance measurements over the next fiscal year. Evaluation/Audit The Commission, with the assistance of a consultant, applied the logic model to identify and examine the Commission's priorities and gaps that exist between the desired results and the actual results. This process made it apparent that gaps do exist. The Commission requires the ability to assess the links between activities, outputs and outcomes. To address these existing gaps, the Commission is developing a proposal in line with Treasury Board's evaluation policy. Once this project is completed, the Commission will be in a better position to develop effective evaluations. This will facilitate reporting to Parliament in future Departmental Performance Reports. Section VI - Other Information Contacts for Further Information and Web site Head Office Commission for Public Complaints Against the RCMP (CPC) P.O. Box 3423, Station 'D' Ottawa ON K1P 6L4 (613) 952-1471 1-800-665-6878 Western Region Office Commission for Public Complaints Against the RCMP (CPC) 7337 137th Street Suite 102 Surrey, BC V3W 1A4 (604) 501-4080 1-800-665-6878 Web site: www.cpc-cpp.gc.ca Legislation The Commission for Public Complaints Against the RCMP shares responsibility with the RCMP for carrying out the provisions of Part VII, Royal Canadian Mounted Police Act, (R.S., c. R-10, Part VII). In addition, the Commission for Public Complaints Against the RCMP reports to Parliament on Parts VI and VII of the Royal Canadian Mounted Police Act (R.S., c. R-10, Part VI, Part VII). Publications Annual Reports 1988-1989 to 2002-2003 Police Pursuits and Public Safety A report by the Commission for Public Complaints Against the RCMP (Autumn 1999) Chair's Final Report Concerning the Public Interest Investigation Into the Incidents Surrounding the Detention and Death of Mr. Kim Erik Nielsen of Kamloops, British Columbia (October 2000) Chair's Final Report Concerning the Public Interest Investigation Into the Incidents Involving Demonstrators in the Communities of Saint-Sauveur and Saint-Simon, New Brunswick (March 2001)