ARCHIVED - Annual Report 2012-2013

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.

Requests for Review

Upon receiving a request for review, the CPC:

• requests all relevant information from both the complainant and the RCMP regarding the complaint; and
• analyzes and examines the information.

If the Commission is satisfied with the actions of the RCMP and the manner in which it addressed the complaint, it will issue a Satisfied Report.

On the other hand, if the Commission is not satisfied with the actions of the RCMP and the manner in which it addressed the complaint, it will issue an Interim Report outlining its findings and recommendations aimed at improving RCMP member conduct, policies and procedures. This response is sent to the Commissioner of the RCMP and the Minister of Public Safety.

The RCMP Commissioner prepares a response to the Interim Report—the Commissioner's Notice—in which he describes what action the RCMP has taken or will take in light of the findings and recommendations made by the CPC.

The CPC then prepares its final report—the Final Report After Commissioner's Notice—which is sent to the complainant and the members involved and terminates the CPC's complaint and review process.

Complaint Trends

The type of complaint issues raised in 2012-2013 followed a similar trend to previous years.

The most common public complaint issue 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 issue 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 issue 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 233 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 even conduct such investigation itself.

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 237 review reports in 2012-2013:

• in 199 reports, or 81%, the Commission was satisfied with the RCMP's disposition of the complaint.
• in 38 reports, or 19%, the Commission was not satisfied with the RCMP's disposition of the complaint and, in most cases, made recommendations to address deficiencies.

In his responses to the latter, the RCMP Commissioner accepted approximately 79% of the Commission's adverse findings and 78% of its recommendations.

The Commission's recommendations vary in response to the individual complaints being reviewed, and many are fact-specific. Commission recommendations may include 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—from the initial lodging through to its conclusion—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 legislative implementation of service standards as set out in Bill C-42.

Timeliness of Commissioner's Notices

The timeliness of the RCMP Commissioner's responses to the Commission's Interim Reports, required by statute, has been the subject of comment for the past several years.

As the CPC has repeatedly reported, inordinate and unexplained delays threaten the integrity of the public complaint process. The CPC cannot finalize its reports and provide them to complainants or the subject RCMP members until the Commissioner's response is received.

Commissioner Bob Paulson publicly stated in February 2012 that he was committed to responding to the Commission in a timely manner. The Commissioner has delivered on his pledge and as a direct result, the number of outstanding Commissioner's notices in 2012-2013 dropped significantly, from 51 to 15. Clearing this backlog enables the RCMP to continue moving forward in this area and is further evidence of the Commissioner's commitment to an open and timely review process that will inspire public confidence in the RCMP and the processes which hold it to account.

Completed Chair-Initiated Complaints & Public Interest Investigations

Police-Involved Shooting of Valeri George

The September 2009 shooting death of Valeri George in Buick Creek, British Columbia, prompted a Chair-initiated complaint.

A neighbour called the Fort St. John RCMP to report that Mr. George had shot at a vehicle containing his spouse and children. After several days of the RCMP unsuccessfully attempting to negotiate Mr. George's surrender, Mr. George was shot by RCMP Emergency Response Team (ERT) members as he drove towards a police barricade, with a firearm, at a high rate of speed. The Chair's complaint was particularly concerned with the use of force by the RCMP ERT members.

The Commission began receiving investigation materials in the fall of 2012 and is in the process of completing its report.

In-Custody Death of Charlene Danais

In August 2011, Charlene Danais was taken into custody by RCMP members and placed in cells in Assumption, Alberta. She was found unresponsive in her cell early the next morning and pronounced dead after being transported to the hospital.

The Chair initiated a complaint shortly thereafter, asking whether the involved members complied with policies relating to persons held in RCMP custody, and examining the adequacy of those policies.

The Commission received the investigation materials in the fall of 2012, and issued its interim report to the RCMP in June 2013.

Conducted Energy Weapon Use on 11-year-old

In April 2011, RCMP members responded to an emergency call from a residence in Prince George, British Columbia, where an adult had been stabbed. The 11-year-old suspect in the incident was located on a nearby property. A CEW was used on the boy when he exited the property, as police believed he was armed with a weapon. The boy was taken into custody and transported to hospital for assessment.

The Chair initiated a complaint in order to examine the circumstances of the incident, and particularly the RCMP's CEW policy.

The RCMP's investigation into this Chair-initiated complaint is ongoing.

RCMP Handling of Matters Involving Nicole (Ryan) Doucet

In January 2013, the Supreme Court of Canada issued its decision in a case involving Ms. Nicole (Ryan) Doucet, who had admitted to hiring someone to kill her former husband. At trial, Ms. Doucet invoked the legal defence of duress, alleging that she had been a victim of domestic violence for a number of years. Although the Supreme Court concluded that the defence could not apply, it nevertheless ordered a stay of proceedings, commenting in its decision that it was "unfortunate that the authorities were much quicker to intervene to protect Mr. Ryan than they had been to respond to [Ms. Doucet's] request for help."

The Court's comment raised public concerns, prompting the Nova Scotia Attorney General and Minister of Justice to request that the Commission review the RCMP's actions in respect of Ms. Doucet. The Commission is in the process of completing its review.

Motor Vehicle Fatality of Victor Duarte

On October 29, 2012, members of the Langley, British Columbia, RCMP Traffic Section conducting speed enforcement noted that a passing vehicle was associated with a prohibited driver. The vehicle did not stop following members' attempts to wave the vehicle to the side of the road. As a result, two RCMP vehicles followed the suspect but opted to stop the pursuit for safety reasons. Shortly thereafter, the suspect vehicle was involved in a fatal collision with Mr. Victor Duarte's vehicle. Mr. Duarte died at the scene, and the driver of the suspect vehicle was seriously injured.

The Independent Investigations Office (IIO) of British Columbia determined in December 2012 that there was no basis on which to conclude that any of the involved members had committed a criminal offence in relation to the incident.

At the conclusion of the IIO's investigation, the Commission initiated its own complaint in order to assess whether RCMP member conduct in this particular instance was in accordance with established policy, procedures and legislation, whether such policy is appropriate, and whether any remedial recommendations should be made.

This Chair-initiated complaint is still under investigation.

Consent to Search Vehicle Was Not Informed

Two RCMP members stopped a complainant for swerving his vehicle, checked his identification and searched the front of the vehicle without consent. The members then asked to check the back of the vehicle, and as they had already searched part of the vehicle, the complainant acquiesced. The members then asked the complainant to open the vehicle's trunk and they searched through it.

The complainant alleged that the entire search was unlawful. The Commission found that the consent was not informed and deemed the search to be unreasonable.

The RCMP Commissioner agreed with the Commission's findings and recommendations.

Insufficient Basis for Detention When No Offence Had Occurred

Two members responded to a 9-1-1 call originating from the complainant's home. The members investigated the abandoned call and determined that no domestic assault had occurred. However, during the investigation, unsafely stored firearms were found in the residence and were seized. The complainant was taken into custody and released early the next morning, charged with firearms offences.

The complainant alleged that his arrest and detention were improper. While the Commission determined that his arrest was reasonable, the detention was not, as there was no reasonable concern with respect to violence in the home. Further, there was no indication that the complainant was detained as a result of the events leading to the 9-1-1 call or as a result of the firearms offences.

The RCMP Commissioner agreed with the Commission's findings.

Use of Force on Violent Individual Reasonable

The complainant was suffering a self-admitted psychological breakdown and was reported to police. He was later approached by police, and a struggle ensued.

He complained that the involved members used excessive force, which included the use of a baton, hand and knee strikes, and the deployment of oleoresin capsicum (pepper) spray.

Considering all the available information and taking into account the behaviour displayed by the complainant, the Commission found that the members exercised their use of force options in a manner consistent with the policies of the RCMP and the applicable legislation.

Lengthy Detention for Refusing to Provide Identification Unreasonable

The complainant was approached by an animal control by-law officer as she was walking with her unleashed dog. She refused to provide identification to the by-law officer, who then requested RCMP assistance. The complainant also refused to provide identification to the responding member; she was arrested, taken into custody and detained for almost ten hours.

The complainant alleged, among other things, that her detention was unreasonable. The Commission concluded that the member's initial concerns, including his concern for the complainant's mental health, were inadequate to justify the continued detention.

The RCMP Commissioner agreed with the Commission's findings and recommendations.

Member Shooting of Armed Robbery Suspect Was Reasonable

An armed robbery occurred at a fast-food restaurant's drive-thru. The suspect left the scene in a stolen vehicle. An RCMP member subsequently located an unoccupied vehicle matching the description of the one used in the robbery. He observed several persons approaching the vehicle, and identified himself as a police officer and ordered them to stop moving. It appeared to the member as though one of the individuals may have had a weapon. The vehicle began to leave, and the member was caught in it. He discharged his firearm twice, hitting the driver in the shoulder with a non-fatal gunshot.

A third party alleged that the use of force was unreasonable. In view of the severity of the risk posed to the member, and his belief that he was facing grievous bodily harm or death, the Commission found that the use of the firearm in both instances was necessary, reasonable and in accordance with relevant legislation and the principles of the RCMP's use of force guidelines known as the Incident Management Intervention Model.

Recommendations Awaiting Implementation

Commission recommendations resulting in policy commitments from the RCMP Commissioner which remain outstanding include:

Recently Implemented Recommendations

This year, the RCMP implemented past recommendations made by the Commission regarding:

• a policy consistent with the Mutual Legal Assistance in Criminal Matters Act addressing requests for exhibits from a foreign law enforcement agency; and
• a policy regarding the disclosure of information concerning sensitive investigations.

Provincial Partners

The Commission is also targeting the provincial departments responsible for public safety and corrections in order to:

• gain insight on how to enhance outreach in their province;
• obtain approval to deliver brief seminars at province-wide conferences such as Aboriginal justice workers and victim services; and
• explore the opportunity to display brochures in provincial court houses, probation offices, correctional centers, etc.

By the end of this fiscal year, the Commission had visited and made significant progress in Saskatchewan, Manitoba, Nova Scotia and New Brunswick.

The CPC continues to work with its provincial partners to harmonize police oversight processes to the extent possible under existing law. This includes:

• creating a "no wrong door" approach to the intake of complaints about the police; and
• ensuring that Canadians receive the benefit of the expertise and experience of all police oversight bodies across the country.

Police & Legal Training

The Commission continues to pursue training opportunities for its staff relating to policing practice. The RCMP has provided the Commission with training and demonstrations relating to its use of force policy and techniques, and has facilitated visits to its Depot Division in order for Commission staff to become familiar with training offered to cadets and to regular members. These collaborative activities have allowed the Commission to keep abreast of relevant changes in policing policy and practice, while at the same time enabling staff to provide education, information and resources relating to the Commission's mandate and processes.

The Commission also continues to participate in relevant Continuing Legal Education opportunities in order to enhance the knowledge of its legally trained staff, and to deliver presentations relating to its function.

In addition, the Commission liaises with members of the legal community in order that they may provide training, and also contribute expertise to its ongoing projects. By doing so, the Commission fosters greater understanding of its role among those who may be called upon to provide advice with respect to issues in which the Commission is engaged.

Canadian Association of Civilian Oversight of Law Enforcement

The Commission continued working with the Canadian Association of Civilian Oversight of Law Enforcement (CACOLE) as part of its executive team to advance the principles of civilian oversight of law enforcement. This includes maintaining its website to ensure easy access to information about CACOLE, its mandate and its annual conference. The website can be found at www.cacole.ca.

Federal & Provincial Oversight Partners

In October, the Commission held its annual forum for heads of police review organizations across Canada. The group meets to share best practices, identify emerging issues and enhance working relationships.

The fall 2012 session covered such issues as:

• the impact of Bill C-42 on provincial oversight bodies;
• the RCMP's Subject Behaviour/Officer Response use of force reporting system;
• the impact of integrated cross-border maritime law enforcement operations, such as the Shiprider program, on oversight and any potential legal issues;
• the ability to conduct joint reviews and possible restrictions on information sharing;
• media engagement on the part of police review and oversight organizations;
• the commitment of police officers to integrity and professionalism; and
• the role of police boards in respect of police services.

Working Efficiently

Historically, the Commission's allotted budget was not sufficient to meet its full mandate. In recognition of this shortfall, the government has provided interim funding, on an annual basis, for the past six years. Interim funding was again provided this fiscal year to bridge the gap until the creation of the new Commission mandated under Bill C-42.

Year over year interim funding has allowed the Commission to deal with an increased workload, maintain service standards and conduct special reviews of emerging RCMP issues such as in-custody deaths proximal to CEW use, police investigating police, RCMP member conduct related to the 2010 G8 and G20 Summits, and more recently RCMP workplace harassment. Interim funding has allowed the Commission to continue outreach efforts, as well as meet its corporate expenses which were previously subsidized by Public Safety. Interim funding has also supported the Review of the Record project since 2007. This yearly in-depth examination and analysis of RCMP public complaints provided an empirical foundation to assess the effectiveness of the RCMP public complaints system and is the precursor to the provincial reporting requirements outlined in Bill C-42.

The Commission recognizes the importance of providing the best possible service in the most fiscally responsible way. As such, the Commission has been engaged in several business improvements over the last fiscal year in order to increase the efficiency of the organization as it moves towards fulfilling a new mandate under Bill C-42.

These efficiencies include moving to a digital library, eliminating an executive position by merging the Communications and Corporate Services Divisions under one director, and streamlining the delivery of administrative support to operations.

The Commission Online

The world of web design is constantly evolving. In order to stay current and relevant, the Commission must stay on top of the newest innovations and trends. Following guidelines under the new Standard on Web Usability, the Commission recently implemented the new Web Experience Toolkit designed by Treasury Board of Canada Secretariat. The Commission's new website is simpler and easier to navigate.

In addition to this update, the Commission has been working toward meeting the Standard on Web Accessibility in order to ensure that its website is accessible to all Canadians, especially those with disabilities.

Financial Report