Commission for Public Complaints Against the RCMP

Hon. Lawrence MacAulay, P.C., M.P.

Section I - Chair's Message

Vision
Mission
Mandate
Core Values
Organization Chart

1. Elimination of the Backlog of Review Cases
2. Improved Information Management Systems and Processes
3. Improved Service Delivery
4. Improved Communications

Financial Performance Overview
Financial Summary Tables

Contacts for Further Information and Web Site
Legislation Administered by the Commission for Public Complaints Against the RCMP
List of Statutory and Commission Reports

Section I - Chair's Message

The results of the review and strategic planning exercise undertaken during 1999-2000 presented the Commission with many challenges in its efforts to improve service to the public. At the same time, the priorities established build on priorities previously identified by the Commission.

As of the end of fiscal year 2000-01, the Commission has been successful in overcoming the most significant challenge: the accumulated backlog of review cases has been eliminated. In addition, alternative dispute resolution now plays an integral part in addressing many complainants' concerns in a more timely manner. The effect of these two accomplishments has been to improve the Commission's service delivery, at both the intake and the review stage.

The strategic planning exercise also helped the Commission develop a statement of its vision: "Excellence in policing through accountability." This statement reflects the need for the Commission itself to be perceived by the public to uphold the principles of impartiality and fairness. There has often been confusion as to the Commission's independence from the RCMP. To help rectify this misperception, effective January 1, 2001, the Commission changed its English name to the Commission for Public Complaints Against the RCMP (CPC).

During the past year, the Commission also continued to demonstrate its commitment to raising public awareness about important policing issues and its dedication to a complaints process that is both accessible and transparent. For the first time in its history, the Commission publicly released two reports on public interest investigations. My reports on the detention of Mr. Kim Erik Nielsen and on events in Saint-Simon and Saint-Sauveur, New Brunswick, have had a positive impact on RCMP operations and have been well received by the local communities as well as nationally and internationally.

With the elimination of the backlog, we can now focus the Commission's resources on implementing improved policies and procedures that will breathe life into our new vision.

Shirley Heafey
Chair, Commission for Public Complaints Against the RCMP

Section II - Commission Overview

The Commission is an independent agency. It is not part of the Royal Canadian Mounted Police (RCMP). The Commission's jurisdiction concerns 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 Statement clearly sets 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

• 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 carry out investigations; and

• To report findings and make recommendations.

Core Values

The following core values guide our work and reflect the work environment for which we strive:

Organization Chart

Section III - Performance Accomplishments

The key stakeholder in the Commission is the Canadian public, and public expectations of the Commission are high. Complainants and members of the RCMP alike have expressed concerns, both in writing and in face-to-face contact with the Commission, about the need for complaints and reviews to be handled in an expeditious manner. There is also a continuing need to better educate the public about the Commission's role and responsibilities, as well as its accomplishments.

As reported in its last Performance Report, the Commission has developed four strategic outcomes to guide its work over a five-year period. Progress towards achieving these outcomes tell the story of the Commission's accomplishments and measure its success in providing effective and efficient civilian oversight of RCMP members' conduct so as to hold the RCMP accountable to the public. Its last report also indicated that the Commission would provide an update on progress towards these outcomes in future reports to Parliament.

1. Elimination of the Backlog of Review Cases

The most significant accomplishment for this period has been the elimination of the backlog of review cases. From a high of 750 cases in 1998, the backlog of cases was effectively eliminated by March 31, 2001. The backlog began growing in the early 1990s for a variety of reasons, including growing pains inherent in creating a new organization, cumbersome procedures and an ever-increasing number of requests for review. During the past three years, the Commission has completed more than 1,000 reviews compared to nearly 2,000 over the previous 10 years.

Elimination of the backlog means that complainants and the RCMP can now expect a timely review of cases involving them. The Commission continues to reassessand refine its procedures where necessary. Moreover, the Commission is now in a position to complete new requests for review in an average period of 120 days. The process is more responsive. The written and oral feedback that the Commission has received indicates that the public has a renewed sense of confidence in the Commission's capacity to oversee RCMP members' conduct and hold them and the police force accountable for actions taken during the course of their policing duties.

2. Improved Information Management Systems and Processes

The Commission has begun to make inroads with respect to this outcome, but it is evident that there is much work to do. As a first step, the Commission is developing a data capture system for the complaint intake stage, to be fully operational by the middle of the 2002-03 fiscal year.

Improved information management will support better decision making and ultimately improve the Commission's overall capacity to fulfil its vision. At the same time, it will provide the public with more information upon which to judge the performance of the Commission.

3. Improved Service Delivery

The Treasury Board's Service Improvement Initiative focuses on providing improved quality service to all Canadians. The Commission fully supports client-centred service and the "citizen-focused" management commitment set out in Results for Canadians. As reported in the March 31, 2000 Performance Report, during the next two reporting periods, the Commission will continue to develop standards for the better management and processing of complaints, investigations and reviews.

Internal Redesign
The Commission has already redesigned a number of internal processes to improve the management of complaints and reviews, and ultimately result in a more timely resolution of complainants' concerns. These improved changes assisted the Commission to eliminate the backlog and at the same time provided the basis for the 120-day service standard on current files.

ADR Initiative
During the past two years, the Commission's complaint intake office located in Surrey, British Columbia, introduced an alternative dispute resolution (ADR) initiative. All of the over 600 complaints handled in this manner were resolved without entering the more formal investigative process. Due to the tremendous success of ADR, fewer complaints became part of the formal complaints process as defined by the legislation. For Canadians this means that, depending on the nature of the complaint, complainants can usually anticipate a quick-anywhere from two days to one month-resolution of their complaints. Furthermore, informal contact with RCMP members promotes personal interaction and generates a "grass-roots" response to the matter at hand. ADR also contributes to improved conduct by members of the RCMP and serves to hold individual members accountable for their conduct.

Jurisdictional Analysis
Over the past year, the Commission has made a concerted effort to identify complaints that do not fall within the Commission's jurisdiction as soon as possible after the complaints are filed. Previously, all complaints received were processed, the RCMP would investigate and the Commission's review process would be invoked, often for matters outside the Commission's jurisdiction as described under Part VII of the RCMP Act. As a result, Commission's and the RCMP's resources were being used inefficiently and complainants experienced considerable frustration when they were ultimately informed that the Commission did not have the jurisdiction to review their complaints.

It is anticipated that the number of complaints outside the Commission's jurisdiction that reach the review stage will decline in the coming years. Furthermore, the Commission is working hard to improve communications with the RCMP to ensure that similar efforts are made to deal with complaints made directly to the police force.

APEC Hearing
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.

4. Improved Communications

Improving internal and external communications is a critical aspect of the Commission's strategic plan for the next five years and beyond. Establishing, maintaining and improving communications is an ongoing activity that takes a concerted effort by all members of any organization. While the Commission's team has accomplished a great deal, much remains to be done in this regard.

Development of a Communications Plan
The Commission developed, approved and distributed a communications plan with both an internal and external component. It is the Commission's view that better informed staff members are better equipped to serve the public. Accordingly, special emphasis was placed on improving internal communications in the past year.

Much work remains to be done to increase public awareness of the complaints process, and the respective roles and responsibilities of the Commission and the RCMP. The Commission will continue to work towards maintaining public confidence in the process and managing public expectations.

Public Interest Investigations
Since the Commission did not traditionally release the results of public interest investigations, its work in the public interest attracted little or no public attention or debate. The current Chair has always been concerned that the public was not given an opportunity to assess the Commission's work or the RCMP's conduct that prompted an investigation. To that end, the Chair released both the Nielsen report and the New Brunswick report, signalling a departure from past practices and a more open, transparent and accessible process. This practice will continue on a case-by-case basis.

Canadians and Parliamentarians alike can expect to hear more about the Commission's progress in making the strategic outcomes identified above a reality.

Section IV - Financial Performance

Financial Performance Overview

During 2000-01, $78,000 was received as a transfer from Treasury BoardVote 15 to cover the increase in salaries negotiated through collective bargaining. In addition, the Commission received carry-forward amounts of $226,000 and $934,000 from Governor General Special Warrants to cover expenses related to the APEC hearing. The Commission also received $88,000 for Program Integrity Round II from Supplementary Estimates to assist in improving its service delivery to the public.

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 Summary Tables

Total Authorities are Main Estimates plus Governor General Special Warrants and Supplementary Estimates of $1,248,000. In addition, the Commission received from Treasury Board Vote 15 the amounts of $78,000 and, for Employee Benefits Plans, $44,000.

Total Authorities are Main Estimates plus Governor General Special Warrants and Supplementary Estimates of $1,248,000. In addition, the Commission received from Treasury Board Vote 15 the amounts of $78,000 and, for Employee Benefits Plans, $44,000.

Section V - Other Information

Contacts for Further Information and Web Site

TD

Web address:
http://www.cpc-cpp.gc.ca

Legislation Administered by the Commission for Public Complaints Against the RCMP

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

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

Parts VI and VII, Royal Canadian Mounted Police Act, R.S., c. R-10

List of Statutory and Commission Reports

Annual Reports
1988-89 to 1999-2000

RCMP Act
Federal and Provincial Police Oversight Legislation: A Comparison of Statutory Provisions
June 1991

Police Pursuits and Public Safety
December 1999