Annual Report 2015-2016

RCMP Commissioner's Responses

This year, the RCMP Commissioner responded to 17 of the Commission's Reports (Interim or Public Interest Investigation) originating from current and previous years.

In his responses he accepted approximately 90% of the Commission's adverse findings and 81% of its recommendations.

Chairperson-Initiated Complaints & Public Interest Investigations

Commission recommends operational guidance after interaction needlessly escalates

An RCMP member observed a woman walking unsteadily down a street and stopped her to assess her sobriety. The woman refused the member's repeated requests for her to stop and produce her identification. After a brief physical struggle, the member arrested the woman for being intoxicated in a public place and for causing a disturbance.

Prior to placing the woman in a cell, members removed the string from her hooded sweatshirt and told her to remove her bra. The woman asked to be allowed to call her mother but was denied, as the members stated that she was only entitled to phone legal counsel. After approximately five hours in custody, the woman was deemed sober and released.

The woman's father filed a public complaint alleging, among other things, that his daughter was unlawfully detained, arrested, subjected to excessive use of force, denied her right to a phone call, and mistreated in cells.
The RCMP disagreed and found all the complaint allegations to be unsubstantiated.

The Commission reviewed the incident and agreed with the RCMP's assessment that the member had reasonable grounds to stop the woman. However, the Commission found that the detention and arrest of the woman for causing a disturbance and public intoxication was unreasonable; consequently, the use of force in effecting the arrest was also unreasonable.

The Commission also found that the member was unaware that the woman was entitled to a private phone call and that his choice of language in denying her request was inconsistent with the RCMP core values of respect and professionalism.

The Commission found that the member's failure to explore alternatives to incarceration as set out in RCMP divisional policy (that an individual be released to a sober and responsible adult) suggests that the woman's detention in cells was punitive rather than for her own safety.

The Commission recommended that the member receive operational guidance in a number of areas including:

• Requesting identification from members of the public;
• Interacting with the public in a respectful manner;
• Understanding when people in custody are entitled to make phone calls; and
• Using communication skills to manage escalating situations.

The Commission also recommended that the RCMP apologize for the arrest and detention in cells.

The Commission awaits the RCMP Commissioner's response in this matter.

Commission agrees with RCMP that public complaint best dealt with by Privacy Commissioner

An individual filed a public complaint alleging that an RCMP member disclosed information from RCMP databases to an unauthorized third party without their consent.

The RCMP Act includes a provision for the termination of public complaints if the subject of the complaint can be more adequately or appropriately dealt with by another Act of Parliament.

In this instance, the RCMP terminated its investigation of the complaint and referred it to the Office of the Privacy Commissioner of Canada, the agency that investigates complaints concerning the federal Privacy Act.

Poor investigation of child sexual abuse allegations leads to RCMP apology and operational guidance for member.

A mother contacted the RCMP alleging that her former husband had engaged in sexual touching of their young child. A few months later, the mother reported a second incident and her concern with the lack of progress of the investigation.

Citing frustration with the amount of time the investigation was taking, the mother brought her concerns to the divisional Commanding Officer. The RCMP ascertained that the investigator assigned to the file had neglected to take statements from the complainant, her ex-husband, her child or any other potential witnesses. The member had also neglected, over an eleven-month period, to document any of the investigative measures he undertook while assigned to the case.

The mother's public complaint alleged a lack of adequate investigation and supervision of the investigator assigned to her file.

The Commission concurred with the RCMP's findings that the investigation was inadequate and that the member failed to immediately notify the child protection authorities as required by RCMP policy. The Commission did not make recommendations aimed directly at the investigating member's conduct, as the member had resigned.

The Commission agreed with the RCMP's decision to provide the supervising member with operational guidance and commends the RCMP for having provided a timely written apology to the complainant.

The Commission also noted that the subsequent RCMP investigation was professional, thorough and diligently pursued.

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

Domestic assault arrest followed family violence policies and procedures

Members responded to a call from a local business. A woman had entered the store and informed the owner that she had been assaulted by her partner. An ambulance was called, the woman's head injury was treated and she was transported to the hospital. RCMP members took statements from the woman and the store witnesses, and subsequently arrested the woman's male partner.

The man filed a public complaint alleging that he was improperly arrested, that evidence was ignored, and that he was denied legal counsel.

The RCMP disagreed and found all the complaint allegations to be unsubstantiated.

In its review, the Commission noted that in the context of family violence allegations, police procedure is highly prescribed through various policy documents. The Commission agreed with the RCMP that the complainant's arrest followed applicable policies and procedures, and that there had been reasonable and probable grounds to believe the complainant had assaulted his partner.

The Commission also supported the RCMP's finding that the complainant was given the opportunity to provide a statement outlining his version of events.

Finally, the Commission agreed with the RCMP that the complainant was not denied his right to counsel and was put in contact with Legal Aid.

RCMP member participates in unlawful search and destruction of digital media files

An individual carrying two large equipment cases was observing the proceedings at a provincial court house. He was approached by a Sheriff who expressed concern that he was recording the proceedings. After receiving promises that his property would not be searched, the man agreed to store his two cases in the Sheriff's office and returned to the courtroom.

In the man's absence, the Sheriff met with an RCMP member, and together they decided to search and attempt to view the recorded material. As they were unable to determine if any court proceedings had been recorded, the Sheriff directed the RCMP member to erase the media files. The pair, unfamiliar with the recording equipment, inadvertently recorded their discussion and decision to search and delete the files.

The man retrieved his cases, noticed that they had been opened and confronted the Sheriff. The Sheriff admitted to the search as well as the seizure of two digital media cards.

The man attempted to file a complaint against the Sheriff with the court registry office but instead was arrested and detained by the Sheriff. While in custody, the man was asked to provide his computer password. He refused. Further attempts by the Sheriff and RCMP member to delete files were unsuccessful. The man was later released without charge.

The man filed a public complaint alleging that his property was searched without lawful authority and that digital media files were destroyed. The complainant further alleged that the RCMP member's report contained inaccurate or false information.

The RCMP investigated and found that there was insufficient information to conclude that it was the RCMP member and not the Sheriff who searched and destroyed the complainant's property. The RCMP did, however, find that the member's report was inaccurate and directed that it be modified.

Upon review, the Commission found that the search was a violation of the complainant's right to privacy pursuant to section 8 of the Canadian Charter of Rights and Freedoms and that there was no statutory authority for either the search or the deletion of the complainant's digital media.

The Commission found that the RCMP member involved was reckless in participating in a search without ensuring he had the legal authority to do so. Furthermore, the Commission found that the member's modified report did not properly describe the incident.

The Commission recommended that the member receive operational guidance and be placed under close supervision. The Commission further recommended that the RCMP occurrence report be updated to reflect a thorough description of events and that the RCMP apologize to the complainant.

The Commission awaits the RCMP Commissioner's response in this matter.

Despite thorough RCMP investigation of fatal accident, Crown withdraws charges against the driver

Three friends drove into a parking lot and stopped. A woman exited the vehicle and was struck and seriously injured when the vehicle reversed. One of the two friends fled the scene, while the other stayed with the victim until the RCMP arrived.

RCMP members attempted to assist the woman and secured the scene. The woman was transported to hospital but later died of her injuries.

Several hours later, after interviewing numerous witnesses and reviewing parking lot surveillance video, the RCMP determined that the friend who stayed at the scene was the driver of the vehicle. RCMP members located him and laid charges.

The victim's mother filed a public complaint alleging that the RCMP failed to conduct a proper investigation and that this resulted in the withdrawal of criminal charges against the driver.

The RCMP determined that the allegations were unfounded.

The Commission's review found that RCMP members conducted a thorough investigation and took all reasonable steps to collect the necessary evidence.

Records indicate that arrangements for both Forensic Identification Services and a collision analyst were quickly made. Once the driver was identified as a suspect, a warrant was obtained to seize his vehicle (which had been secured as part of the scene), and the appropriate examinations were conducted.

Additionally, the Commission found that there was nothing to indicate that the Crown's decision to later withdraw charges against the driver were a result of any failure by RCMP members to take reasonable steps in investigating the fatal accident.

Member failed to obtain consent of both parties prior to seizing computer during communal property dispute

In the midst of an acrimonious divorce, a woman contacted the RCMP alleging that her estranged husband—in spite of his having been excluded from the matrimonial home, pursuant to a court order—had compromised her personal online accounts. The member, in consultation with the RCMP's Integrated Technological Crimes Unit, and believing the computers to be common property, directed the woman to bring them to the RCMP detachment.

The man filed a public complaint alleging that the RCMP improperly seized the computers without a warrant and without reasonable grounds. He also alleged that members failed to respond to his enquiries about his property.

The RCMP's investigation of the complaint determined that the computers were never searched and were ultimately returned to the complainant. Nonetheless, the Commission found that seizing the complainant's computers on the purported consent of his estranged spouse was unreasonable in the circumstances.

Upon review, the Commission found it unnecessary to make any further recommendations, as the RCMP already undertook to provide the member with operational guidance with respect to the seizure of “communal” property when there is an ongoing dispute between the parties.

The Commission also found that RCMP members responded appropriately to the complainant's enquiries about his property.

The Commission awaits the RCMP Commissioner's response in this matter.

Member receives operational guidance for arbitrarily demanding identification from hotel guest

The RCMP were called to a hotel to enforce the Hotel Keepers Act after a hotel manager's unsuccessful attempt to resolve a noise complaint involving a couple who were guests of the hotel.

Sometime later, three RCMP members entered the guests' room along with the hotel manager to evict the guests. A male guest was woken up, refused to leave when notified of the eviction and was arrested. The female guest agreed to leave and began packing her belongings. During this time, one of the RCMP members repeatedly requested that she produce her identification. When the woman refused, the member claimed that she was obstructing a peace officer and arrested her. Both hotel guests were transported to the detachment but were later released without charges.

The woman filed a public complaint alleging that she was unlawfully arrested and that she was within her rights to refuse to produce her identification.

The RCMP investigation did not support either of the complainant's allegations.

The Commission reviewed all available information regarding the arrest, including a cell phone recording made by the female guest from the time of the arrest.

The Commission applied the legal framework of the Criminal Code arrest provisions as well as the provisions of the Code pertaining to obstruction of a police officer and determined that there was no requirement to provide identification in this circumstance, as the complainant was complying with the police officer's request to leave the hotel.

The Commission recommended that the member receive operational guidance with respect to a person's duty to identify themselves to police.

The Commission awaits the RCMP Commissioner's response in this matter.

RCMP policies addressing the privacy rights of prisoners require further study

RCMP members responded to a call regarding an intoxicated female who was yelling and swearing on a public street. The members arrested the woman for disturbing the peace and public intoxication and transported her to the detachment cell block. Emergency Medical Services were called to examine an ankle injury the woman sustained prior to interacting with the RCMP and determined that she was fit for incarceration.

The woman's public complaint alleged, among other things, that she had been unlawfully arrested, improperly searched, and had not received any medical assistance for the ankle injury. She further alleged that her Charter rights had been violated, as closed-circuit video equipment recorded her using the toilet in her jail cell.

The Commission reviewed all available information from the complainant's time at the RCMP detachment, including extensive video and cell block records, and determined that all appropriate RCMP policies and procedures had been followed.

Police in other jurisdictions have implemented processes to protect the privacy rights of prisoners who use the toilet while in police custody. The Commission accepted that there is currently no obligation for the RCMP to implement similar processes but recommended that the RCMP continue to look at options to address this issue.

Strategic Investigations

The Commission's new authorities give it expanded investigative powers, the ability to conduct joint complaint investigations with other police complaints bodies, broader access to RCMP information, and the ability to undertake RCMP policy reviews.

With these new authorities in place, the Commission is able to review a wider range of RCMP policies and program issues.

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

Specified activity reviews can be initiated by the Commission, or at the request of either the Minister of Public Safety or a provincial minister responsible for policing in a province where the RCMP provides service.

This year, the Commission launched two specified activity reviews.

Review of the RCMP's Implementation of Justice O'Connor Recommendations Concerning National Security Activities

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

The purpose is to ensure that RCMP activities are carried out in accordance with legislation, regulations, and ministerial direction by assessing policies, procedures and guidelines.

Review of workplace harassment in the Royal Canadian Mounted Police

In February 2016, the Minister of Public Safety requested that the Commission undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment.

The review will specifically examine the RCMP's implementation of the recommendations made by the Commission in its 2013 Public Interest Investigation into RCMP Workplace Harassment.

The investigation will include an examination of the RCMP's handling of harassment complaints, and to what degree, if any, RCMP culture contributes to harassment in the workplace.

Research and Policy

Research and policy analysis is an integral part of the Commission's reviews and investigations.

The Commission's Research unit monitors advancements and trends in the field of police oversight and policing in general and ensures that the Commission's recommendations reflect the latest policy developments —both nationally and internationally.

Public Education

The Commission's new legislation resulted in a change to its legal title, a broader mandate and new authorities.  

Our public information and education materials were updated to highlight these changes and emphasize the independent nature of the Commission. These materials were distributed as part of our outreach program at various stakeholder meetings, tradeshows and conferences throughout the year.

Strategic Relationships

Contracting provinces

Legislative changes necessitated a closer working relationships with provincial partners and stakeholders.

During the past year, the Commission met with provincial government departments charged with contracting RCMP policing services to raise awareness of its new mandate.

These meetings included discussions about the number and nature of complaints in each jurisdiction and the way in which the Commission could convey this information to best meet the needs of each province.

Stakeholders

The RCMP offers policing services across Canada at the federal, provincial and municipal level.

In order to ensure that Canadians have access to the public complaint process when they need it, the Commission forged new relationships with partners including:

• Ombudsman's offices
• Provincial Public Safety departments
• Rights organizations
• Legal groups
• Municipal associations
• Institutions of higher learning
• Aboriginal groups
• Special interest groups

As an example, the Commission has committed to increasing its working relationship with the Federation of Saskatchewan Indian Nations in order to provide better access to the public complaint system for its constituents.

Civilian Oversight Partners

The Commission held its annual meeting with provincial oversight agencies and examined issues such as the role of policing in mental health crises and training and certification for oversight agency staff members.

CACOLE

The Commission's Chairperson was elected President of the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE). CACOLE is a national non-profit organization of individuals and agencies involved in the oversight of police officers in Canada dedicated to advancing the concept, principles and application of civilian oversight of law enforcement throughout Canada and abroad.

NACOLE

The Commission continues to attend the annual conference for, and further its relationship with, tThe National Association for Civilian Oversight of Law Enforcement (NACOLE), a non-profit organization that brings together individuals and agencies working to establish or improve oversight of police officers in the United States

CAFOLE

This year, the Commission attended the inauguration of CAFOLE, the Caribbean Association for Oversight of Law Enforcement Bodies. CAFOLE's model is largely based on CACOLE.

International Partners

The Commission met with a number of existing or emerging international police oversight administrations to discuss Canada's independent police oversight model. These agencies included:

• The Police Complaints Authority of the Republic of Trinidad and Tobago
• The Police Complaints Authority of Barbados.
• The Minister of Interior of the United Arab Emirates and members of the Abu Dhabi police
• The Hong Kong Police
• The Mexican government
• Indonesia

The Commission remains committed to sharing best practices and engaging in activities which establish and maintain its role as a key participant in the field of civilian review of law enforcement.