Annual Report 2016-2017

The Public Complaint Process

The Commission accepts complaints about the on-duty conduct of RCMP members from individuals:

• Directly involved;
• Who witnessed the conduct itself;
• Authorized to act on behalf of the complainant.

Complaints about RCMP member conduct can also be made by the Commission Chairperson if the Chairperson determines that there are reasonable grounds to investigate. Chairperson-Initiated Complaints are processed in the same manner as a complaint from a member of the public.

A complaint must be made within a year of the alleged conduct occurring.

If the Commission Chairperson is of the opinion that it would be in the public interest for the Commission to investigate a complaint instead of the RCMP, the Commission will conduct a Public Interest Investigation. Public Interest Investigations can be launched in relation to a complaint received from a member of the public, or as a result of a Chairperson-Initiated Complaint.

The Commission may refuse to deal with a complaint if it:

• Is not filed within a year of the occurrence;
• Concerns decisions regarding disciplinary measures;
• Has been, or could be, more appropriately dealt with through a different process; or
• Is trivial, frivolous, vexatious or made in bad faith.

A complaint can be lodged with:

• The Commission;
• Any RCMP member;
• The provincial authority responsible for receiving complaints against police in the province in which the subject of the complaint took place.

Review Process

When a complaint is made, typically the RCMP carries out the initial investigation into the complaint and reports back to the complainant.

If a complainant is not satisfied with the RCMP's handling of their complaint, they may request that the Commission conduct a review of the RCMP's investigation.
Upon such a request, the Commission obtains all relevant material from the RCMP and assesses the RCMP's investigation of the complaint.

The role of the Commission is to make findings after an objective examination of the information available and to make recommendations that improve policy and performance of the RCMP and its members.

If, in conducting its review, the Commission finds the RCMP did not conduct a thorough investigation, the Chair can request that the RCMP make further enquiries.

Following its review, if the Commission is satisfied with RCMP's handling of the complaint, the Chair issues a Satisfied Report to the RCMP Commissioner, the Minister of Public Safety, the complainant, and the member(s) involved, thereby ending the review process.

If, at the conclusion of the review, the Commission is not satisfied with the RCMP's handling of the complaint, the Chair will issue an Interim Report, outlining various findings and recommendations directed at the RCMP, which will be sent to the RCMP Commissioner and the Minister of Public Safety.

Once the Interim Report has been reviewed by the RCMP, the RCMP Commissioner gives notice, identifying which recommendations the RCMP will act on. If no action is to be taken, the Commissioner must provide reasons.

After receiving the Commissioner's Response, the Chair considers the RCMP's position and prepares a Final Report. This report is then provided to the RCMP Commissioner, Minister of Public Safety, the complainant, the member(s) involved, and the appropriate provincial Minister. This completes the Commission's review process.

The Commission's complaint and review process chart can be found in Appendix A.

Public Complaints

This year, the public lodged 2,761 complaints (of these complaints, 2,291 were lodged with the Commission, while 470 were made directly to the RCMP).

Of the total number of complaints received, 2,301 met the criteria laid out in section 45.53 of the Royal Canadian Mounted Police Act and were assigned to a public complaint investigator.

As with previous years, the top five allegation categories for public complaints in 2016-17 were:

• Neglect of Duty
• Improper Attitude
• Improper Use of Force
• Irregularity in Procedure
• Improper Arrest

A detailed summary of all complaint allegation types can be found in Appendix C.

During the last twelve months, the Commission streamlined its complaint process to make it more accessible for the public and more efficient for the Commission’s intake team. Improvements were made to processes related to its Case Management System, creating efficiencies and allowing for more robust statistical data analysis.

Additionally, the Commission actively promoted the use of its online complaint form, which led to a significant increase in the number of complaints filed online. This being said, Commission staff continued to process the same number of complaints lodged using its toll-free phone number.

HOW THE PUBLIC SUBMITS COMPLAINTS TO THECOMMISSION

Text Version

How the public submits complaints to the Commission

• Online form - 46%
• Telephone - 43%
• Fax - 7%
• Mail - 4%

As well, a newly designed information package was developed to provide complainants with an overview of the process. This new tool serves as a reference for complainants, explaining both the role of the Commission and the role of the RCMP.

New Requests for Review

If a complainant is not satisfied with the RCMP’s handling of their public complaint, legislation allows for the complaint to be referred to the Commission for review. This year, the Commission received 233 new requests for review.

Commission Public Complaint Review Reports

This year, the Commission issued 238 public complaint review reports, including:

• 167 reports (75%) agreeing with the RCMP’s handling of the complaint.
• 57 interim reports (25%) disagreeing with the RCMP’s handling of the complaintand/or making recommendations to the RCMP Commissioner.

The Commission issued 14 Final Reports after receiving the Commissioner’s Response to findings and recommendations made by the Commission.

RCMP Commissioner's Responses

This year, the RCMP Commissioner accepted approximately 82% of the Commission’s adverse findings and 79% of its recommendations.

At this time, the Commission is awaiting the RCMP Commissioner’s response to over 70 interim reports. The Commissioner’s response forms part of the Commission’s final report. Some of these interim reports have been with the RCMP for over a year. Complainants frequently contact the Commission to express their frustration over the RCMP’s delays in responding to interim reports, which prevents the timely resolution of their cases.

Police Service Dog Bites a Suspect During his Apprehension by RCMP Members

The complainant’s son fled from police upon being told that he was under arrest for breaching court-imposed conditions. In the ensuing chase, he was located by a police service dog (PSD) and was bitten. He suffered injuries that required surgery. The complainant alleged that excessive force was used in the apprehension of her son.

In its report disposing of the complaint, the RCMP did not support the complainant’s allegations.

The Commission concluded in its Interim Report that the subject member unreasonably deployed his PSD by placing him in a cardboard dumpster, that the subject member did not maintain sufficient control over the PSD once deployed, and that his application of foot strikes in an attempt to disarm and secure the complainant’s son was reasonable in the circumstances.

In his Response to the Commission’s Interim Report, the RCMP Commissioner stated that he disagreed with the findings that the subject member unreasonably deployed the PSD by placing him in the cardboard dumpster, and that the subject member did not maintain sufficient control over the PSD. The Commissioner made no mention of the finding with respect to the subject member’s application of foot strikes in his Response. Consequently, the Commissioner did not support the Commission’s recommendations with respect to providing the subject member with operational guidance, or reviewing the PSD’s history to determine whether the PSD is suitable for continued deployment and/or requires retraining.

The Commission expressed particular concern with the Commissioner’s failure to acknowledge the lack of control that the subject member had over the police service dog, especially given the subject member’s own admissions regarding the difficulty he had in getting the PSD to release the subject. After considering the Commissioner’s Response, the Commission was satisfied that its findings and recommendations, as detailed in the Interim Report, were supported and reiterated them in its Final Report.

Use of Force During Apprehension Under Mental Health Legislation

The complainant threatened to kill herself and left her home in a distraught state. After a family member contacted the RCMP, the complainant was apprehended under provincial mental health legislation and taken to a hospital for examination. She alleged that the RCMP used excessive force when apprehending her, and that the RCMP member involved refused to remove her handcuffs when she complained of the pain they caused.

In such a circumstance, the police officer was justified under the Criminal Code in using reasonable force to apprehend the complainant.

The RCMP did not support the allegations in its report disposing of the complaint.

The Commission determined that, having reasonable grounds to believe that the complainant had a mental disorder and that as a result of that disorder was likely to cause harm to herself, the RCMP member was authorized to apprehend the complainant under mental health legislation.

The Commission found that the force used was reasonable and not excessive.

The Commission also determined that the use of handcuffs was reasonable in the circumstances and that it was reasonable to wait until the arrival at the hospital to remove them from the complainant.

Entry into a Residence Following a Complaint of Domestic Violence

Mr. A filed a complaint including an allegation that RCMP members unlawfully entered his residence in response to a criminal complaint of domestic violence. The RCMP did not support this allegation in its report disposing of Mr. A’s complaint.

The Commission found that the RCMP members entered for the very purpose explained in the RCMP’s policy on violence in relationships and that it was reasonable for them to do so.

The Criminal Code provides a statutory authority for a police officer to enter a dwelling house to perform an arrest or prevent the continuation of a crime even though the police officer does not have a warrant or specific authorization to enter.

The law requires that the police officer have “reasonable grounds to suspect” that entry into the residence is necessary to prevent imminent bodily harm, as the facts of this case indicated.

Alleged Inadequate Investigation and Bias

The complainants were dissatisfied with the RCMP’s investigation and failure to pursue charges relative to allegations of wrongdoing they had made against employees of a city. They also took issue with the RCMP’s conduct in subsequent proceedings and correspondence. Among their allegations, the complainants claimed that the RCMP could not conduct a fair and unbiased investigation because of a conflict of interest, and that senior personnel failed to properly oversee the investigation.

The Commission initiated a public interest investigation concerning the complaint.

The Commission found in its Public Interest Investigation Report that there was no information to support the allegation that senior RCMP personnel failed to oversee and direct members in conducting and completing acomplete and thorough investigation; that there was no information to support the allegation that, because of a conflict of interest, the RCMP could not conduct a fair and unbiased investigation; that the communication between RCMP members and the complainants during the initial criminal investigation and subsequent correspondence was reasonable in the circumstances; and that the course of action followed by RCMP members in responding to the allegations made by the complainants against a specific member was reasonable in the circumstances, and a public complaint investigation was ultimately commenced and concluded.

The Commissioner agreed with all the Commission’s findings, which were therefore reiterated in the Commission’s Final Report.

Chairperson-initiated Complaints and Investigations

Ongoing Investigations

The Commission has over 30 Chairperson-initiated complaints and/or investigations underway. Of interest, 12 of these are led by the Commission’s new office in British Columbia, of which six involve incidents where individuals were bitten by police service dogs.

Of these ongoing Chairperson-initiated complaints and/or investigations, a number have been the subject of Interim Reports by the Commission, which is awaiting the RCMP Commissioner’s written response to issue its Final Reports on those cases. For instance:

Chairperson-initiated Complaint into Fatal Collision

In April 2016, the Commission issued a report regarding a Chairperson-initiated complaint into a fatal collision following an attempted traffic stop. RCMP members had followed a vehicle that had failed to stop at a traffic checkpoint but discontinued the pursuit shortly thereafter. Moments later, the fleeing vehicle entered an intersection at a high rate of speed and collided with a truck, causing the death of a motorist. The Commission’s report concluded that the RCMP’s national policies relating to traffic checkpoints and police vehicle pursuits are inadequate, and made recommendations to improve them.

Public Interest Investigation Concerning RCMP’s handling of Missing Persons Report

In June 2016, the Commission issued a Public Interest Investigation Report into a complaint relating to the RCMP’s handling of a report of a missing Aboriginal woman. The young woman, who was reported missing by her mother, was eventually found murdered. In its Interim Report, the Commission found errors in the missing persons investigation and recommended changes to the RCMP’s policies, procedures and training relative to the investigation of missing persons.

The Commission took on this case as an example of how to better deal with Aboriginal people.

The complaint investigation was not turned over to the RCMP, direct and regular feedback has been provided to the complainant, and the complainant has been provided details of the progress as the investigation continues, including receiving a summary of the Commission’s findings and recommendations at the same time as the RCMP.

Complaints Concerning Witness Protection Program

In June and October 2016, and January 2017, the Commission issued three reports into complaints by persons protected under the Witness Protection Program or seeking protection under this program.

Complaint into Arrest and Detention of Aboriginal Woman

In July 2016 a complaint was received from an Aboriginal woman who had been arrested inside a home for public mischief, dragged from the home, and lodged in a jail cell for 9 hours with no charge.
She alleged that the arrest was not due to her behaviour but because she is Aboriginal.

This was a common theme in the Commission’s report on policing in northern British Columbia. The Chairperson determined that it was in the public interest for the Commission to conduct the investigation itself.

The investigation revealed that poor supervision was a significant factor, and the scope was expanded by the Chairperson given that the complainant had no way of knowing this.

During the course of the investigation, it was also learned that a member of the RCMP had withheld evidence from the Commission; this matter is being handled by way of a Code of Conduct investigation.

The Commission took on this case as an example of how to better deal with Aboriginal people. The complaint investigation was not turned over to the RCMP, direct and regular feedback has been provided to the complainant, and the complainant has been provided details of the progress as the investigation continues, including receiving a summary of the Commission’s findings and recommendations at the same time as the RCMP.

The matter is currently awaiting a response from the RCMP Commissioner on the findings and recommendations.

Implementation of Recommendations in Justice O’Connor’s Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar

In January 2016, the Chairperson initiated a review into the RCMP’s implementation of the relevant recommendations contained in Justice O’Connor’s Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar.

The Commission received over 20 public complaints alleging improper arrest and excessive use of force, as well as a petition with more than 200 names that echoed the substance of the public complaints. As part of the review, the Commission is examining several aspects of the RCMP’s national security activities, including:

• Centralization and coordination ofnational security operations
• National security training
• Domestic information-sharing
• Foreign information-sharing
• Border lookouts requests
• Detention of Canadians abroad

The intent of the review is to foster public confidence in the RCMP's national security activities by providing an independent, external examination of an operational area that may not otherwise be subject to outside scrutiny.

Police-Involved Shooting of Gregory Matters

In October 2015, the Commission issued its Public Interest Investigation Report on the shooting death of Gregory Matters in 2012 during a confrontation with an Emergency Response Team. The Commission made 57 findings and 9 recommendations concerning RCMP training, policies and procedures.

The Commission received the RCMP Commissioner’s Response in this matter in January 2017.

The Commission awaits the appointment of a Vice-Chairperson to complete its Final Report in this matter.

RCMP Response to Anti-Fracking Protests

Between June and December 2013, several demonstrations resulted in confrontations between RCMP members and protestors, who were protesting the New Brunswick government's grant of permits and licences to Southwestern Energy Resources for shale gas testing and hydraulic fracturing (fracking).

The Commission received over 20 public complaints alleging improper arrest and excessive use of force, as well as a petition with more than 200 names that echoed the substance of the public complaints.

In response to this public concern, the Chairperson determined in July 2013 that the Commission would investigate these complaints itself, and the Chairperson subsequently initiated in December 2014 his own complaint into these incidents.

To date, Commission investigators have interviewed more than 120 RCMP members and civilian witnesses. As a result of its investigation, the Commission has received a significant amount of documentation (including written documentation and video evidence) from the RCMP, including as recently as March 2017.

British Columbia Operations

The Commission’s investigation into policing in northern British Columbia made it clear that an expanded presence in the province was required and that work with key stakeholders needed to be undertaken to build effective relationships with communities served by the RCMP.

Consequently, the Commission opened an office in British Columbia to enhance its presence in the province, increase public awareness of its role, and ensure that it is positioned to respond to public concerns and complaints about RCMP policing in British Columbia particularly with respect to Indigenous peoples and communities.

This year, the British Columbia Operations group focused its efforts on:

• Increasing the number of Commission–led investigations in the province;
• Monitoring ongoing RCMP investigations and implementation of Commission recommendations;
• Expanding public engagement with an emphasis on First Nations communities;
• Developing a more effective liaison function with key British Columbia stakeholders; and
• Fostering a greater use of informal resolution of public complaints and developing anapproach that is respectful of Indigenous peoples’ culture and practices.

The progress made by the British Columbia office is encouraging, and reaction from stakeholders, including Indigenous communities, the Government of British Columbia and partner organizations, has been positive.

The Commission is playing a leadership role and through the first year of operation, setting the stage and modelling a process within the policing oversight community that is providing concrete results to the public and particularly Indigenous communities.

It is clear from this initiative that the concept of specialized processes tailored to various communities is an important and needed development in the evolution of civilian oversight of law enforcement in Canada.

Public Education and Strategic Relationships

The Commission’s outreach efforts are focused on educating the public and building relationships with stakeholders to increase visibility of the Commission, and ensure that individuals who require its services are aware of its mandate and processes.

Corporate Overview

The Commission streamlined several internal processes to reallocate funds to new programs critical to its mandate.

The Commission also supported a number of systemic changes implemented by central agencies to enhance the administration of human resource and pay systems in the Public Service. Although challenging at times, these changes have been successfully implemented at the Commission.

Below are the Commission’s preliminary expenditures for fiscal year 2016-2017. Adjustments to these figures will be made and final amounts will be reported in the Public Accounts of Canada.