ARCHIVED - Annual Report 2013-2014

Enquiries

Enquiries include a spectrum of issues that can range in complexity from simple requests for information through to informal communication between the CPC and the RCMP or other government agency to assist the citizen. Enquiries generally involve concerns that are within the CPC mandate.

Early Resolution

Commission analysts can serve as objective intermediaries to assist with conflict resolution between the public and the RCMP, when appropriate.

It should be noted that complaints involving statutory offence allegations or those alleging excessive use of force or other serious matters are not considered to be appropriate for early resolution.

Formal Complaints

When a complaint is filed with the CPC, an analyst works with the complainant to define the nature of the allegations and formalize the complaint. The complaint is then sent to the RCMP for investigation.

If the complainant is dissatisfied with the outcome of the RCMP's investigation, he or she can request that the CPC conduct a review.

Complaint Trends

The type of complaint issues raised in 2013-2014 followed a similar trend to previous years.

The most common public complaint relates to RCMP member attitude. This category can include behaviours that are perceived to be: dismissive, rude, non-responsive, biased, unfair, or lacking in empathy.

The second most common complaint relates to the quality of RCMP criminal investigations. This issue can arise when the complainant feels that the criminal investigation: was not thorough, was improperly carried out, was not timely, lacked witness interviews, included mishandled evidence and examinations, and contained inaccurate reports.

The third most common complaint relates to improper arrest. This category can include arrests involving: invalid warrants, failure to provide a reason for the arrest, inappropriate use of mental health arrest provisions, lack of evidence and failure to provide Charter rights, or right to legal counsel.

Requests for Review of the RCMP's Handling of Public Complaints

This year the Commission received 219 requests for review. The Commission's review reports are based on a thorough examination of the entire investigative record gathered during the initial investigation. In addition, the Commission requests further material where required, and may request that further investigation be conducted or conduct such investigation itself. One or both of these steps were taken on 51 occasions this year.

Common review issues relate to:

• the quality of RCMP criminal investigations;
• use of force;
• search and seizure;
• member attitude; and
• quality of service (which can range from a member failing to return a telephone call, to a perceived failure to lay appropriate charges).

The Commission issued a total of 207 review reports in 2013-2014:

• in 183 reports, or 88%, the Commission was satisfied with the RCMP's disposition of the complaint (“Final Reports”).
• in 24 reports, or 12%, the Commission was not satisfied with the RCMP's disposition of the complaint and, in most cases, made recommendations to address deficiencies ("Interim Reports").

In his responses to the Commission's Interim Reports, the RCMP Commissioner accepted approximately 81% of the Commission's adverse findings and 86% of its recommendations.

The Commission's recommendations vary in response to the individual complaints being reviewed, and many are fact-specific. Commission recommendations may specify that:

• subject members receive guidance from senior members or further training in respect of specific roles and responsibilities;
• RCMP policies, procedures or guidelines be clarified or amended where a gap has been identified;
• the complainant be provided with an apology;
• public complaint investigators and decision makers receive guidance or further training regarding the public complaint process and their roles therein; and
• public complaint investigations be carried out where the RCMP determined that such investigations were not necessary.

Service Standards

When handling a formal complaint against the RCMP, the CPC's goal is to guide each complaint through the process in as timely a manner as possible and ideally within one calendar year. The CPC has set its own service standards with respect to the length of time taken for each step of the process.

Over the past year, the Commission has been working with the RCMP to prepare a memorandum of understanding that would outline, among other items, the RCMP's voluntary adherence to these standards.

Maintaining clear service standards is consistent with the Commission's view that effective review must be timely. These standards are aimed at enhancing the ability of complainants, RCMP members and Canadians to hold the CPC and the RCMP accountable for timely responses to public complaints. To that end, the CPC continues to enforce its internal service standards, in preparation for the implementation of legislated service standards as required by Bill C-42.

Commissioner's Notices

The RCMP Act requires that the RCMP Commissioner respond in writing ("Commissioner's Notices") to the Commission's Interim Reports, stating what action will be taken in response to findings and recommendations or providing reasons why no action will be taken.

Once the Commissioner's Notice has been received, the Commission is able to provide a Final Report which includes the Interim Report and the Commissioner's Notice to the complainant and subject RCMP member(s).

In past years, the Commission has commented on the importance of timely review in fulfilling this remedial goal of the public complaint process, and has responded to the need for timeliness by implementing internal performance standards which it continues to meet. Within the last three years, the RCMP and its Commissioner have also responded to this imperative, delivering Commissioner's Notices in an increasingly timely manner such that only 10 remained outstanding at the end of the reporting year. Of those, only two had been outstanding for more than 6 months.

Completed Chair-Initiated Complaints & Public Interest Investigations

RCMP Response to Flooding in High River, Alberta

In response to public concerns regarding the conduct of RCMP members involved in entering private residences and seizing firearms following flooding in High River, Alberta, in June and July 2013, the Chair initiated a complaint and public interest investigation.

Specifically, public concerns arose following reports that members had entered private residences in the area and seized firearms found within those residences. The Prime Minister's Office equally and publicly expressed concern in respect of the seizures.

The Commission's investigation is ongoing and to date, investigators have twice visited the community of High River to interview persons who may have been impacted.

The Commission anticipates releasing its report in 2014.

Police-Involved Shooting of Gregory Matters

In September 2012, Gregory Matters and his brother were involved in a dispute which resulted in a 9-1-1 call. Over the course of that day, members of the Prince George RCMP Detachment had repeated contact with Mr. Matters, and a decision was reached to arrest him for dangerous driving, assault with a weapon, assault, and breach of a peace bond.

The RCMP negotiated with Mr. Matters by telephone while the Emergency Response Team stood by. When telephone negotiations ceased, Mr. Matters was approached by a four-member Emergency Response Team. An altercation ensued and he was fatally shot.

The Independent Investigations Office of British Columbia concluded that no criminal offence on the part of any RCMP members had occurred.

The British Columbia Coroner's Office completed its inquest in January 2014.

The Commission anticipates releasing its report in 2014.

RCMP Response to Anti-Fracking Protests

Beginning in the late spring of 2013, numerous individuals gathered near the Elsipogtog First Nation in Kent County, New Brunswick, to protest Southwestern Energy's testing for potential shale-gas extraction as well as fracking as a resource extraction method.

The demonstrations resulted in confrontations with local RCMP members. The Commission has received several public complaints from protestors as well as from persons concerned with the ongoing events, whether directly affected or not.

As a result of the public concerns expressed, the Commission determined that it would use its own investigators to investigate the complaints.

While the Commission initially informed the RCMP and individual complainants of its decision to investigate the complaints in July 2013, it continues to receive complaints given the ongoing nature of the incident.

Policing in Northern BC

Following the concerns expressed by Human Rights Watch in its report entitled Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada, the Chair initiated a complaint and public interest investigation into the conduct of RCMP members carrying out policing duties in northern British Columbia.

The Commission will examine RCMP member conduct relating to the following specific areas:

• The policing of public intoxication;
• The incidence of cross-gender police searches;
• The handling of missing persons reports;
• The handling of domestic violence reports;
• Use of force; and
• The handling of files involving youth.

The Commission has conducted meetings and interviews with interested stakeholders and has committed to independently examine any individual public complaints which arise throughout its investigation. The Commission will assess over 90,000 files falling within parameters of its period of study, in order to determine whether they were handled in accordance with policy and practice.

The Commission will also examine whether existing RCMP policies, procedures, training and guidelines related to these specific areas are adequate.

RCMP Activities Concerning Groups Engaging in National Energy Board Hearings

In February 2014, the Commission received a complaint from the British Columbia Civil Liberties Association (BCCLA) alleging that the RCMP illegally monitored and spied on the peaceful and democratic activities of community groups and First Nations opposed to the Enbridge Northern Gateway Pipeline project.

The BCCLA also alleged that the RCMP interfered with the freedoms of expression, assembly and association protected by the Canadian Charter of Rights and Freedoms by gathering intelligence about citizens opposed to the Enbridge project through a range of sources.

The BCCLA based its complaint on a number of records obtained by the media through access to information requests.

Given the sensitivity of the particular issues involved and the nature of the public concern raised, the Commission determined that it would use its own investigators to investigate the BCCLA's public complaint.

Roadside stop leads to reasonable use of oleoresin capsicum spray on driver but unreasonable inconvenience to passenger

An RCMP member stopped a truck with a burned out front headlight and missing mud flaps on a provincial highway. Once stopped, the driver of the vehicle exited and began to rummage through the truck's cargo area, not complying with the RCMP member's commands to return to the vehicle. A physical altercation ensued during the driver's arrest and the member deployed oleoresin capsicum spray. As the passenger of the vehicle was visually impaired, the truck was towed. The driver complained about the member's use of force and about the towing of his truck.

The Commission determined that the member reasonably feared imminent danger when the driver failed to respond to commands, appeared to be hiding what he was doing, and resisted being removed from the cargo area and, accordingly, that the member's use of oleoresin capsicum spray was reasonable.

However, the Commission found that the member unreasonably ignored the request of the passenger of the truck to arrange for two persons to attend the scene, which would have avoided the towing of the truck and would not have resulted in further delay or inconvenience. The Commission recommended that the detachment commander apologize to the passenger for the inconsiderate and indifferent way in which she was treated. The Commission is awaiting the RCMP's response in this matter.

Roadside stop and detention of driver was reasonable but photographing of driver was overzealous

An RCMP member followed a vehicle driving over the speed limit for several blocks before signalling the driver to stop. The driver did not stop for some time, but did eventually park. The member then detained him for the investigation of obstruction, releasing him after photographing him and serving him with violation tickets for failing to stop for police and for speeding. The driver complained that he was unreasonably detained, and that the member should not have taken his photograph.

The Commission concluded that given the driver's refusal to follow instructions and the apparent risk he posed, his detention for investigative purposes was reasonable.

However, the Commission concluded that once the member satisfied himself of the driver's identity by verifying the likeness of the photograph on his driver's licence, there was no further reason or legal authority to photograph him; the member's action in so doing was unreasonable, and unduly intimidating.

The Commission recommended that the member be provided with operational guidance. The RCMP Commissioner agreed with the Commission's findings and recommendation.

CPC recommends that member receive operational guidance after using unreasonable force and making an unnecessary arrest

Two individuals were walking home on a foggy night in an area with no street lights. The individuals were admittedly arguing, which drew the attention of an RCMP member. The member ultimately arrested one of the individuals for public intoxication and used force against her in doing so. She suffered bruising, a chipped tooth, and scrapes from the altercation, and later complained about the validity of her arrest and the use of force.

The Commission concluded that the member had not determined a reasonable basis for the belief that the individual was intoxicated and that an arrest was necessary, and that it was not apparent that the member had turned his mind to the factors to be considered as detailed in the RCMP's policy concerning such arrests. The Commission recommended that the member receive operational guidance. The Commission is awaiting the RCMP's response in this matter.

RCMP member remains professional while driver becomes loud and argumentative

An RCMP member stopped a vehicle and issued the driver with traffic violation tickets for speeding, a licence plate violation, and an insurance document violation. During the traffic stop, the driver contacted the local RCMP detachment to express concerns about the way in which she was being treated by the member. The supervisor who took the call contacted the member at the scene while he was still attending the traffic stop, and made the determination that there was no issue of public safety and that the stop could proceed. The supervisor then contacted the driver within an hour of the traffic stop to discuss the incident. The driver complained in part that the attending member was rude to her.

The Commission concluded, based largely on the audio/video recording of the traffic stop, that the attending member had been professional, polite and respectful in his interaction with the driver. The member explained the rationale for his actions and did not change his polite tone when the driver became loud and argumentative.

RCMP member acts appropriately in landlord-tenant dispute

An individual requested RCMP assistance at a property he owned. An RCMP member attended the property and discovered that the complainant had changed the locks of the residence to exclude a woman who had been occupying it. The occupant claimed to have paid rent to a third party (an agent for the complainant). While the complainant maintained that the agent had not provided him with any money, the member ultimately convinced the complainant to hand the new key over to the occupant and to go through the legal system to evict the tenant. The complainant alleged that the member had inappropriately interfered in a civil matter.

The Commission determined that it was reasonable for the member to conclude that the occupant had an apparent contractual right to be at the property, and acknowledged that the member did not want to leave the parties in a situation where the occupant would possibly break into what was clearly being used as her home (rightfully or not) and potentially cause damage to the property by doing so.

The Commission concluded that it would have been inappropriate for the member to assist the complainant in the purported eviction with the information available to him, and it would have been equally inappropriate to do nothing and to leave the occupant without access to her home and her belongings.

Accordingly, the Commission found that the member's response to the situation was reasonable in the circumstances.

RCMP member failed to interview a key witness

A father reported to the RCMP that his child had been sexually assaulted by another child. While both children were interviewed as part of the investigation, the adult to whom the child initially disclosed the alleged assault was not interviewed. Based upon the information obtained during a joint investigation, the RCMP and the provincial child protection body concluded that the claim was unfounded. The father filed a public complaint alleging that the RCMP member failed to conduct an adequate investigation into the sexual assault.

The RCMP investigated the complaint and determined that, while it was reasonable to conclude that the sexual assault claim was unfounded, the member had failed to interview a key witness. This is contrary to RCMP policy and, consequently, the member was provided operational guidance with respect to both this deficiency and that of keeping a proper log of witnesses interviewed.

The Commission found the RCMP's investigation and disposition of the allegation to have been reasonable.

RCMP member placed himself in a perceived conflict of interest

An individual made several noise complaints to his local by-law office concerning the ongoing issue of a truck with a loud muffler driving past his residence. The driver of the vehicle was given a warning and subsequently issued two violation tickets for repeated incidents regarding the noise of his vehicle. The case was set for trial; however, the driver pled guilty to one offence and the other charge was withdrawn.

An RCMP member who was acquainted with the driver had, according to the other parties involved, spoken to two municipal enforcement officers and the prosecutor about the issue; specifically, providing a positive character reference about the driver and his family to two by-law enforcement officers who were investigating the matter.

The complainant alleged that the RCMP member improperly involved himself in the municipal enforcement investigation.

The Commission found that the member's conduct was unreasonable, given the risk of creating a perception of conflict of interest, as he had approached both officers while on duty and at their work place to specifically talk about investigations involving his acquaintance.

The Commission concluded that in offering unsolicited praise for the driver and his family, the RCMP member inadvertently and unreasonably placed himself in a perceived conflict of interest.

The Commission recommended that the RCMP provide the member with operational guidance, and the RCMP Commissioner agreed.