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The Commission for Public Complaints Against the RCMP

2004-2005  

Departmental Performance Report

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

Table of Contents

SECTION I - OVERVIEW

Chair's Message

Management Representation Statement

Summary Information

Raison d'être

Vision, Mission and Mandate

Total Financial Resources

Total Human Resources

Summary of Performance in Relationship to Departmental Strategic Outcomes, Priorities and Commitments

Overall Departmental Performance

Reporting Framework

Context and Operating Environment

Performance Overview

SECTION II - ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

1. Create a results-based culture focused on value for Canadians through accountability, innovation, transparency and risk management
   
   
2. The CPC will continue its use of informal resolution processes to resolve Canadians' issues of concern with RCMP conduct
   
   
3. The CPC will improve service to Canadians by implementing risk management principles during the production of review reports
   
   
4. CPC executives reinforce public service values and ethics in the delivery of results to Canadians
   
   
5. The CPC will develop clear HR policies that foster a sustainable workforce
   
   
6. The CPC will make proactive decisions based on an examination of internal and external risks
   
   
7. The CPC will ensure the organizational environment, control mechanisms and integration of government policies work together to facilitate the achievement of corporate objectives
   
   
8. The CPC will strengthen the degree of accountability for each member of the management team
   
   
9. The CPC will manage through continuous innovation using priority setting and planning, and incorporating a "lessons learned" approach when evaluating the performance of its policies and programs
   
   
10. The CPC will gather information on results and performance to be used in the decision-making processes and to meet public reporting obligations

SECTION III - SUPPLEMENTARY INFORMATION

Organizational Information

Rationale for Organization Structure

SECTION IV - FINANCIAL PERFORMANCE

Financial Performance Overview

Table 1: Comparison of Planned to Actual Spending (incl. FTEs)

Table 2: Use of Resources by Business Lines (or Program Activities)

Table 3: Voted and Statutory Items

Table 4: Net Cost of Department

Table 5: Travel Policies

SECTION V - OTHER INFORMATION

Contacts for Further Information and Web site

Legislation

Recent Publications

SECTION I
OVERVIEW

Chair's Message

The 2004-2005 fiscal year was remarkable for the Commission for Public Complaints Against the RCMP (CPC). We made major progress on activities geared toward the modernization of our management practices, and on policing review in general.

I am pleased to say that I was able to attract and build a solid management team to cover key business and corporate management responsibilities in the organization and to come quite some distance in introducing modern management practices, in a renewed, collaborative and collegial management team environment.

The CPC devised and approved its first governance framework to make management decision making more transparent, within a strategic and planned framework. The organization developed its first annual business plan to ensure that business activities to support the Report on Plans and Priorities (RPP) are identified, planned and resourced. Performance management was strengthened by linking personal accountabilities for the completion of business plan activities to the performance agreements of management committee members and to the performance commitments, discussions and assessments of all employees.

A human resources plan, a plan for the implementation of the Public Service Modernization Act (PSMA) and a plan for the management of information and technology, as strategic corporate assets, were developed and the activities of these plans were completed on time.

There is a greater understanding among our employees and stakeholders regarding what we want to achieve. We need to do a better job of communicating it, but we are now much better placed to communicate good news stories and to consult on next steps.

A great deal was accomplished this year with the public interest investigation into complaints relating to RCMP investigations of alleged sexual abuse at the Kingsclear Youth Training Centre in New Brunswick, which I initiated in May 2004. It is the largest investigation ever undertaken by the CPC, encompassing almost 15 years of RCMP investigative work. We have created a core team, assembled a large amount of materials to be reviewed, obtained funding and are adjusting our systems to assist us in the analysis and report writing.

During the year, I made contacts with many provincial and municipal officials, representatives of minority communities and professionals in policing and oversight, to ensure that the public is aware of the CPC and its mandate, and what we are attempting to achieve. I am concerned about reticence to initiate complaints, as expressed to me by Arab and Muslim citizens, as well as aboriginal communities. I see the need for increased outreach by the CPC into these communities and for innovative solutions to integrating our policing review with oversight at the provincial level.

In February 2005, I proposed measures to ensure effective civilian review of the national security activities of the RCMP. Included in these modest enhancements is a proposal for clarification in the legislation that the Chair of the CPC, and not the RCMP, will decide what material is relevant to review in any given case. I also offered a second proposal, modeled on the Arar Commission itself: the creation of a new review mechanism, the National Security Review Commission (NSRC), which would be empowered to monitor not only RCMP conduct, but also all federal entities engaged in national security operations. The proposals
will hopefully benefit the Arar Commission in formulating its recommendations to Parliament.

I look forward to working with the staff of the CPC, with the RCMP and communities across Canada in 2005-2006 in further strengthening the management of the organization and in improving policing through oversight.

Shirley Heafey
Chair

Management Representation Statement

I submit for tabling in Parliament, the 2004-2005 Departmental Performance Report (DPR) for The Commission for Public Complaints Against the RCMP.

This document has been prepared based on the reporting principles contained in the Treasury Board of Canada Secretariat's (TBS) Guide for the preparation of 2004-2005 Departmental Performance Reports:

• It adheres to the specific reporting requirements;
• It uses an approved Business Lines structure;
• It presents consistent, comprehensive, balanced and accurate information;
• It provides a basis of accountability for the results pursued or achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Shirley Heafey
Chair

Summary Information

Raison d'être

The CPC is an independent agency; it is not part of the RCMP. The CPC was created by Parliament to ensure that complaints made by the public about the conduct of members of the RCMP in the performance of their policing duties are examined fairly and impartially.

CPC reports include findings and recommendations aimed at correcting and preventing recurring policing problems, but the CPC cannot impose discipline or make monetary awards to complainants.

Vision, Mission and Mandate

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 CPC 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 disposition of their complaints;
• To hold hearings and investigations; and
• To report findings and recommendations.

Total Financial Resources ($ thousands)

Planned	Authorities	Actual
4,735.0	5,252.0	4,820.0

Total Human Resources

Planned	Actual	Difference
42	44	2

Summary of Performance in Relationship to Departmental Strategic Outcomes, Priorities and Commitments ($ thousands)

Strategic Outcomes	2004-2005 Priorities/ Commitments		Type	Planned Spending	Actual Spending	Expected Results and Current Status
Receipt and review of public complaints	1.	Use of informal resolution to answer and address the public's concerns about RCMP members' conduct.	Ongoing	87.0	79.3	Met
	2.	Receive and process formal complaints.	Ongoing	463.0	423.0	Met
	3.	Conduct investigations and hearings in the public's interest.	Ongoing	113.4	164.8	Met
	4.	Receive, process and write quasi-judicial decisions in response to complainants' requests for review.	Ongoing	1,343.0	951.6	Met

Overall Departmental Performance

Reporting Framework

In this report the department will be reporting its performance and financial tables using the framework provided under the departmental strategic outcomes and Business Lines as opposed to the new Program Activity Architecture (PAA). The PAA structure will be used in all future reports. The department has one Business Line and that is the Receipt and review of public complaints. Under the new PAA there is a single program activity: Civilian review of RCMP members' conduct in the performance of their duties.

Context and Operating Environment

The Government of Canada is committed to fostering strong, safe and caring 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 CPC makes an important contribution to maintaining these commitments by providing a civilian review of RCMP members' conduct in performing their policing duties, thus promoting excellence in policing.

The CPC's main stakeholder is the Canadian public. 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 disposition of these complaints if the complainant is not satisfied. The CPC may initiate complaints, conduct investigations, hold public hearings, and make findings and recommendations to the Commissioner of the RCMP.

The CPC receives its funding from the Treasury Board (TB) through an appropriation from Parliament. The CPC has 44 full-time employees and a budget of $4,694,000.

Performance Overview

This past year, the CPC has been very successful in delivering on its core commitments despite multiple and significant challenges: having to fill long-standing vacancies within its management cadre; having to clarify and garner support for its mandate with respect to the review of RCMP national security activities; being the subject of a staffing audit and classification review; and expending significant time and resources in acquiring funding for and commencing the largest investigation ever undertaken by the CPC.

The position of Executive Director was staffed in June 2004; Head of Communications in August 2004; Comptroller in October 2004; Director, Complaints and Investigations in November 2004. The Director General, Reviews and Policy returned from an extended period on language training.

Throughout 2004-2005, the CPC received over 1,100 enquiries, 825 complaints and 151 requests for review; 471 cases were resolved through the Alternative Dispute Resolution (ADR) process.

In addition to these core activities, the CPC in its Report on Plan and Priorities (RPP) for 2004-2005, undertook an ambitious agenda of change in order to build a corporate capacity to meet the requirements of good management in the federal public service. The CPC is committed to making the Management Accountability Framework (MAF) the template to structure this change. Significant plans and priorities were articulated in the 2004-2005 RPP based on the MAF principles and components. These will be reported on in detail in further sections, but to summarize, the following was achieved:

• Management positions were filled and the organization restructured;
• Positions, reporting relationships and responsibilities were clarified;
• The CPC governance framework was reviewed and updated;
• Information Management/Information Technology and internal and external communications plans were developed;
• A learning policy was developed and implemented;
• A Human Resources Plan was developed and adopted;
• An ambitious business plan was developed through consultation, considering environmental influences and risk assessment;
• Performance commitments and a results measurement process was developed for all management levels and tied to individual staff commitments and learning plans;
• The Program Activity Architecture was developed and delivered within stipulated timeframes;
• A Steering Committee was formed and action plan developed for the PSMA implementation; and
• Funding was acquired for both the Kingsclear investigation and the development of an e-Workspace investigation management system.

The measures we have undertaken as listed above also help respond to the Public Service Commission Staffing Audit Report of October 6, 2005, and point to significant positive progress in the management, not only of staffing, but also of human resources in general.

SECTION II
ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

In the 2004-2005 RPP, the CPC chose to follow a format somewhat different than that recommended by the TBS. The MAF was used as the template for the development of CPC priorities for that and the following two fiscal years. Strategic outcomes were identified for each of the MAF's various components, and activities and performance measures were indicated for each objective.

As the DPR is to provide a true reporting against plans and priorities, the CPC has chosen to address each of the commitments made for 2004-2005 in that year's RPP and will thus focus more on management commitments than on the core business line activities reported in the Summary Information section of this report. The CPC has only one program, as mentioned previously, and that is "receipt and review of public complaints." This program supports all of the CPC's strategic outcomes, plans and priorities. It will become clear how the priorities the CPC is reporting against contribute to the overall strategic outcomes of the CPC and the government's Commitments in Canada's Performance 2004.

Resource allocations for each of the strategic outcomes and activities were based on an anticipated percentage of time that management would spend on each of these activities. Given the limited size and relatively small budget of the department, breaking down resource components to match each of the numerous activities outlined in the following tables will not provide a meaningful representation of where departmental resources were spent. The table in the Summary Information and the financial tables following better represent the financial dealings of the CPC.

Strategic Outcome No. 1

Create a results-based culture focused on value for Canadians through accountability, innovation, transparency and risk management.
Expected Results:
Intermediate Outcomes Agreement between management members on methods to adjust CPC activities to ensure alignment with government-wide priorities. 05/06 Sufficient time and consideration allocated for reporting activities enabling the CPC to manage concurrent priorities. 05/06	Immediate Outcomes Positions that are no longer occupied are not reflected in the organizational structure. The organizational structure reflects the activities conducted by the CPC. Job descriptions are in line with the activities employees undertake.
Plans, priorities and commitments Review the governance structure and update roles, responsibilities and reporting relationships. Develop a corporate framework, which will include a cycle of planning, priority setting and reporting. Align CPC activities with government-wide priorities.
Status and results The CPC achieved all of its commitments in this area by restructuring the reporting relationships and redefining position responsibilities within the organization to better facilitate service delivery. A corporate planning and reporting framework was introduced, which enables CPC to manage activities and resources to align with the federal government's priorities and prescribed methods for managing. All immediate outcomes have been reached and intermediate outcomes are ahead of the original three-year plan.

SECTION III
SUPPLEMENTARY INFORMATION

Organizational Information

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 CPC was established and has proven to be a sound and effective arrangement.

Conversely, the senior management structure has changed and grown gradually over the last 10 years and was finally established in this 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 CPC. 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 CPC.

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 CPC 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 interim and final reports following reviews, investigations and hearings, including the findings and recommendations contained therein. The Vice-Chair position was vacant during the past year.

Members

Members of the CPC are appointed on a part-time basis by order of the Governor in Council for each province and territory that contracts for RCMP services, after consultation with the Minister or other elected representatives responsible for police affairs in that province or territory. The CPC 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 CPC; 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 TB, justify for additional funding and 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 CPC; and representation of the CPC 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 CPC 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 advice on legal, interpretative, and conflicting legislative instruments issues; identifies the need for outside counsel; and exercises quality assurance over all CPC 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 CPC; 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 the marketing of the complaints resolution and investigations functions with the RCMP and the promotion of 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 was on long-term disability for three years before her retirement in March of 2005.

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 CPC.

Director, Corporate Services

The Director, Corporate Services is a permanent position in the EX 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 CPC; directing business planning, funding, resource allocation, organizational and service delivery; and providing 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, Access to Information and Privacy, 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 CPC's Senior Full-time Financial Officer.

The Comptroller is accountable for: the design, development, management, implementation and promotion of the CPC's strategic, business and operational planning framework; the planning and management of the preparation and consolidation of documents such as the PAA, Business Plan, Annual Reference Level Update, Estimates, RPP and the DPR; and the management of 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, and 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 and support for the Chair, Vice-Chair, Executive Director, senior management, and staff of the CPC. This position is responsible for the CPC's Annual Report as well as all internal and external communication documents.

SECTION IV
FINANCIAL PERFORMANCE

Financial Performance Overview

During 2004-2005, the total authorities received were $5,252,000 and actual expenditures were $4,820,000.

The CPC received its carry-forward of $208,050 through Supplementary Estimates A.

Collective Agreements resulted in funding in Vote 15 of $17,000.

Funding through Supplementary Estimates B included $110,000 to offset the costs of the CPC's activities with respect to the Arar Inquiry and a further $182,304 to fund the creation of a Communications Unit at the CPC and the position of a permanent SFFO.

Table 1: Comparison of Planned to Actual Spending (incl. FTEs) ($ thousands)

	2002-2003 Actual	2003-2004 Actual	2004-2005
			Main Estimates	Planned Spending	Total Authorities	Actual
Receipt and Review of Public Complaints	4,822.0	4,903.0	4,735.0	4,735.0	5,252.0	4,820.0
Total	4,822.0	4,903 .0	4,735.0	4,735.0	5,252.0	4,820.0
Plus: Cost of services received without charge	541.0	541.0	575.0	575.0	580.0	580.0
Net cost of Department	5,363.0	5,444.0	5,310.0	5,310.0	5,832.0	5,400.0
Full Time Equivalents	44	44	44	44	44	44

Total authorities include Main Estimates, Supplementary Estimates of $500,354 and Vote 15 in the amount of $17,000.

 

Table 2: Use of Resources by Business Lines (or Program Activities) ($ thousands)

2004-2005
Business Lines - BL (or Program Activity - PA)	Budgetary			Total: Gross Budgetary Expenditures	Less: Respendable Revenue	Total: Net Budgetary Expenditures	Loans, Investments and Advances	Total
	Operating	Capital	Grants and Contributions
Receipt and review of Public Complaints
Main Estimates	4,735.0			4,735.0				4,735.0
Planned Spending	4,735.0			4,735.0				4,735.0
Total Authorities	5,252.0			5,252.0				5,252.0
Actual Spending	4,820.0			4,820.0				4,820.0

SECTION V
OTHER INFORMATION

Contacts for Further Information and Web site

By e-mail:

complaints@cpc-cpp.gc.ca (for complaints)

org@cpc-cpp.gc.ca (for general enquiries)

By telephone:

From anywhere in Canada and the U.S.: 1 800 665-6878

From within the Ottawa area: (613) 952-1471

From within the Vancouver area: (604) 501-4080

By fax:

(613) 952-8045 (Head Office)

(604) 501-4095 (Western Region Office)

By mail:

P.O. Box 3423
Station D
Ottawa, Ontario
K1P 6L4

On the Web:

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

Legislation

The CPP 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 CPP reports to Parliament on Parts VI and VII of the Royal Canadian Mounted Police Act (R.S., c. R-10, Part VI, Part VII).

Recent Publications

Annual Reports
1988-1989 to 2004-2005

Chair's Final Report of a Public Interest Investigation - Investigation of the RCMP's conduct surrounding a fatal motorcycle accident in Drummond, New Brunswick (January 2005)

Submissions of the Commission for Public Complaints Against the RCMP regarding the Policy Review of the Commission of Inquiry into the Actions of Canadian Officials in relation to Maher Arar (February 21, 2005)