Jurisdiction of the CPC

Generally, the CPC has jurisdiction over a complaint from a member of the public that concerns the conduct of an RCMP member while performing a policing duty or function. These duties and functions include criminal investigations, public complaint investigations, policing public events, security assignments and intelligence operations.
A complaint must also involve:

• an RCMP member or other person appointed or employed under the authority of the RCMP Act;
  
• an RCMP member or other person who, when the complaint is made, is not deceased, retired, nor resigned or been dismissed from the Force; and
  
• conduct that occurred after September 30, 1988, the date the CPC became authorized to take complaints.

The CPC's jurisdiction may extend to complaints about the personal conduct of members. The CPC was established to assess the conduct of members in the performance of their duties. Section 37 of the RCMP Act enumerates some of these duties, which clearly apply to the personal conduct of members, whether on duty or off duty. Paragraph 37(g), for example, imposes the duty on members to "act at all times in a courteous, respectful and honourable manner."

In practice, when the personal conduct of an RCMP member is at issue, the CPC has jurisdiction over the complaint only if it is determined that the alleged conduct is likely to adversely affect the member's performance as an RCMP member and/or the RCMP's reputation. In such cases, the CPC will attempt to minimize the personal information disclosed in its reports, recognizing the need for a balance between civilian oversight and a member's right to privacy.

The CPC seeks to resolve questions about its jurisdiction to deal with a public complaint as early as possible in the complaint process. Where a complaint falls outside the CPC's jurisdiction, the CPC so notifies the complainant. Because complaints are also made directly to the RCMP, the CPC makes continuous efforts to communicate to the RCMP the limits of its jurisdiction. This results in the CPC reducing the number of complaints that would have otherwise been unnecessarily investigated by the RCMP.