Media Advisory

Establishment of the CPC/RCMP Independent Observer Pilot Project
March 21, 2007

Mr. Paul E. Kennedy, Chair of the Commission for Public Complaints Against the RCMP (CPC), today announced that his organization and the RCMP have agreed to establish an Independent Observer Pilot Project.

"I am pleased at this direct response to concerns raised in various quarters as to the impartiality of RCMP investigations into incidents where the actions of RCMP members have resulted in serious injury or death, and for other investigations that are high profile and sensitive in nature," said Mr. Kennedy.

He also indicated that, given the significant public interest in this issue, he has redirected the CPC's limited resources to ensure the Pilot Project gets underway immediately.

The Independent Observer Pilot Project will initially involve only the RCMP's Division in British Columbia ("E" Division), made up of 5,900 regular members and approximately 1,700 civilian members and public service employees. It is modelled on the Public Safety Cooperation Protocol signed in 2005 between the RCMP and the Assembly of First Nations. The latter document commits the parties to work cooperatively to resolve disputes between the RCMP and First Nation peoples.

The CPC and the RCMP have agreed to conduct a review of the project in one year. Depending on the merits of the program and the outcome of the evaluation, the approach may be implemented nationally.

For more information, please contact:

James Lévêque
Media Relations
613-952-2452
leveqj@cpc-cpp.gc.ca

March 21, 2007

- CPC/RCMP E DIVISION INDEPENDENT OBSERVER PILOT PROJECT -

Objective

• To assess the value of the CPC providing competent, professional and timely observations in regards to the impartiality of RCMP investigations where the actions of RCMP members have resulted in serious injury or death, and for other investigations that are high profile and sensitive in nature.
• Within this context it is intended to operate independent of whether the CPC or the RCMP is in receipt of a public complaint related to such investigations.
• This pilot project is established in conjunction with the RCMP's Office of Investigative Standards and Practices (OISP).

Background

• Increasingly, there have been public expressions of concern regarding the police investigating the police. This concern is particularly pronounced in situations where the actions of RCMP members have resulted in serious injury or death, and in other investigations that are high profile and sensitive in nature.
• Public demand for institutional accountability (CPC and RCMP) that is transparent and responsive continues to escalate.
• Institutional credibility, both as it relates to the CPC and the RCMP, is critical in fulfilling respective mandates.
• The CPC is by tradition a complaints driven, reactive review body, but can do much to enhance public confidence in the RCMP's investigative processes where it is positioned to assess, at the outset, the impartiality of the investigation.
• It is thought that the implementation of a pilot project would serve as a basis upon which to evaluate the utility of such a CPC/RCMP Independent Observer Pilot Project.

Description of the Program

• The CPC/RCMP Independent Observer Pilot Project is an initiative undertaken by the CPC and the RCMP with a view to assessing the impartiality of RCMP investigations where the actions of RCMP members have resulted in serious injury or death, and for other investigations that are high profile and sensitive in nature.
• Where it is in the public interest that the impartiality of an RCMP criminal investigation be scrutinized the CPC/RCMP will agree to utilize the pilot project.
• The CPC Independent Observer and the OISP member would be called to an incident as described above.
• Factors used to determine whether or not it is in the public interest include:
  • Whether the incident was related to an RCMP investigation where the actions of RCMP members have resulted in serious injury or death, or where the investigation was high profile and sensitive in nature; and
  • Whether there is the potential for an allegation of such a nature that may give rise to concerns that the public's confidence in the RCMP could be affected.

Program Outline

• Where there is an RCMP investigation into the actions of RCMP members that have resulted in serious injury or death, and for other investigations that are high profile and sensitive in nature the CPC Independent Observer will assess the impartiality of the RCMP investigation using the following criteria:

1. Line Management: Assess whether there are any actual or perceived conflicts of interests in terms of the members of the investigative team and those who are the subject of the investigations. Determine the appropriateness of the management structure and reporting relationships.
2. Appropriate Level of Response: Assess whether the RCMP investigative team response to the incident is appropriate and proportionate to the gravity of the incident. Has the RCMP assigned the appropriately qualified investigators to the investigative team? Are the team leader(s) and the lead investigator(s) Major Case Management accredited?
3. Timeliness of the Response: Assess whether members of the RCMP investigative team responded in a timely fashion to the incident.
4. Conduct: Assess whether the conduct of members of the RCMP investigative team is consistent with section 37 of the RCMP Act.

Roles and Responsibilities

RCMP

• The RCMP major crimes investigation unit conducts the investigation in the first instance.
• The OISP member contacts the CPC Independent Observer and they attend briefings provided by the MCM Team Leader held within the first twenty-four hours, seventy-two hours, seven days, and then the update briefings held every thirty days thereafter.
• The OISP will provide oversight of the competency and adequacy of the RCMP investigation.
• The RCMP, through the OISP, provides unfettered access to all aspects of the investigation, including but not limited to access to the operational file and transcripts of witness interviews. It is understood that the CPC Independent Observer would not have access to "holdback evidence" in an on-going investigation nor would the CPC Independent Observer be present during any witness or suspect interviews.

CPC

• The CPC Independent Observer, with the OISP member attends at the commencement of a criminal investigation and receives case briefings within the first twenty-four hours, seventy-two hours, seven days and every thirty days thereafter.
• The CPC Independent Observer will liaise with the OISP member and have the ability to make recommendations to the OISP member, as a representative of the RCMP, on issues relating to the impartiality of the investigation.
• The CPC Independent Observer is to observe, listen and assess the impartiality of the investigation.
• The CPC Independent Observer does not provide advice, direct or actively participate in any part of the investigative process.
• Upon completion of the assessment, the CPC Independent Observer reports, confidentially, to the Chair of the Commission the findings with respect to questions of impartiality.
• The Chair of the Commission (as appropriate) reports, confidentially, to the RCMP the findings of the CPC Independent Observer.
• The CPC will provide the CPC Independent Observer and pay all expenses related to that role.

Skills and Training for the Independent Observer

• A CPC Independent Observer's background should include legal training or a university degree in the field of criminal justice, criminology, policing, combined with significant exposure to policing practices, and significant experience in the area of public complaints as they relate to the policing function.
• Exposure to RCMP or other police investigative courses, including Major Case Management, would be an asset.

Governance Structure for the Pilot Project

• The Chair of the Commission and the Deputy Commissioner of E Division, or their respective designates, will conduct ongoing assessment of the CPC/RCMP Independent Observer Pilot Project and will meet as required during the course of the project.
• The day to day, on-going management of this project will be co-lead by the Director General of Reviews and Investigations and the RCMP member responsible for the OISP.
• Any decisions relating to the substantive modification of the CPC/RCMP Independent Observer Pilot Project will be jointly taken by the Chair of the Commission and the Deputy Commissioner of E Division.

Evaluation

• The CPC/RCMP Independent Observer Pilot Project will commence April 1, 2007 with a joint review to take place at the end of the first year.
• Recommendations will be prepared and forwarded to the CPC Chair and the Deputy Commissioner of E Division for their joint consideration.

Media/Communications

• When an investigation is initiated pursuant to the CPC/RCMP Independent Observer Pilot Project, the CPC and RCMP will issue a joint media release advising that such an investigation has been launched.