Chairperson's Final Report After Commissioner's Notice on Chairperson-initiated Complaint and Public Interest Investigation regarding Policing in Northern British Columbia

Final Report [PDF, 8.62MB]

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Background

Concerns have been raised in recent years by individuals, and human rights and civil liberties organizations, about policing in northern British Columbia. A number of reports have been released, including a 2011 report by the British Columbia Civil Liberties Association,Footnote 1 the 2012 report of the Missing Women Commission of Inquiry, led by the Honourable Wally T. Oppal,Footnote 2 and a 2013 report by Human Rights Watch.Footnote 3 These reports, as well as specific police-related incidents in northern British Columbia,Footnote 4 garnered significant media and public attention.

ChairPerson-Initiated Complaint

On May 15, 2013, in consideration of the concerns raised by human rights and civil liberties organizations with respect to policing in northern British Columbia and the specific police-related incidents in the area, the then Interim Chair (now Chairperson) of the Commission for Public Complaints Against the Royal Canadian Mounted Police (now the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, hereinafter "the Commission")Footnote 5 initiated a complaint and public interest investigation into the conduct of RCMP members involved in carrying out policing duties in northern British Columbia.Footnote 6

The Commission's Investigation

The complaint focused on the conduct of RCMP members involved in carrying out policing duties in the RCMP's "E" Division North District, which consists of 35 detachments in northern British Columbia, as well as satellite offices.

The investigation examined 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's investigation involved meetings and interviews with interested stakeholders, a review of a large sample of RCMP occurrence reportsFootnote 7 and Subject Behaviour/Officer Response reports,Footnote 8 and the examination of existing RCMP policies, procedures, training and guidelines.

Member conduct was assessed according to the following criteria:

  • Whether the conduct of RCMP members responsible for identified files was consistent with the applicable policies, guidelines, training and legislation;
  • Whether RCMP members responsible for identified files discharged their duties in a thorough and impartial manner; and
  • Whether the conduct of RCMP members responsible for identified files was consistent with section 37 of the Royal Canadian Mounted Police Act ("the RCMP Act").

The Commission's Interim Report

The Commission provided its Public Interest Investigation Interim Report into this matter to the RCMP Commissioner and the Minister of Public Safety Canada on December 4, 2015.

The Commission's Interim Report made 45 findings and 31 recommendations with respect to deficiencies or lack of clarity in policies related to personal searches, policing of public intoxication, and missing persons.Footnote 9

In addition, the Commission found room for improvement in domestic violence and use of force reporting policies.

The Commission made various recommendations to strengthen and improve the policies, including but not limited to:

  • amending national and divisional policies related to personal searches to provide more clarity, reflect current jurisprudence and improve transparency;
  • amending national policy related to the arrest of young persons to include guidance to members on notification requirements when a youth is arrested and held in custody without charge;
  • amending divisional policy that guides members on conditions for release in public intoxication cases, including consideration of alternatives to detention; and
  • amending national policy on missing persons to include on operational files a full articulation of risk assessments, as well as documented observations and direction of supervisors.

In reviewing occurrence reports and use of force reports, the Commission also found issues with policy compliance, including many instances of inadequate articulation—a key component of police accountability. The Commission was unable to determine if policy was followed due to the lack of adequate notation on the occurrence reports.

The majority of the Commission's recommendations are aimed at enhancing transparency and accountability through improved policies and procedures, enhanced supervisory review, improved training, and better reporting.

The Commissioner's Response

On July 26, 2016, the Commissioner provided his response to the Commission's Interim Report. The Commissioner's Response to the 45 findings and 31 recommendations can be summarized as follows:

  • Of the 45 findings, the Commissioner agreed with 30, generally agreed with 11, and did not express either agreement or disagreement with 4.
  • Of the 31 recommendations, the Commissioner supported 26, generally supported 4, and did not express either agreement or disagreement with 1.

The Commissioner agreed or generally agreed with all but four of the Commission's findings. A review of the Commissioner's comments in the eleven instances where he "generally" agreed with the Commission's findings reveals no meaningful dispute with the accuracy of the findings themselves.

The four instances where the Commissioner did not agree or disagree with the Commission's findings relate to missing persons and the Commission's review of occurrence reports. The four findings are as follows:

Finding No. 35: Nearly half (46%) of the occurrence reports failed to show that the RCMP in the North District investigated missing persons cases promptly and thoroughly contrary to policy.

Finding No. 36: Nearly half (49.4%) of the occurrence reports from 2008 to 2012 for missing persons cases identified by the RCMP in the North District as "high-risk" failed to show that the cases had been investigated promptly and thoroughly.

Finding No. 37: Missing persons cases involving youth identified by the RCMP in the North District as habitual, repeat or chronic were more likely than other cases to have deficiencies in the documented investigative actions, including unexplained gaps in the investigative timelines and failures to document risk assessments or missing persons debriefs on file.

Finding No. 38: Over half of the files reviewed showed that North District supervisors failed to comply with the policy requirements to document observations and directions on file, and showed no indications of follow-up on member compliance with directions.

Rather than express agreement or disagreement with these findings, the Commissioner simply stated that "the new British Columbia Provincial Policing Standards have addressed the majority of areas of concern for missing person investigations."

This response directly ignores any acknowledgement of the deficiencies that were identified as a result of the Commission’s review of RCMP occurrence reports - deficiencies that are apparent on the face of the police files. While the Commissioner provides no explanation, he has nevertheless accepted responsibility for the deficiencies by agreeing or generally agreeing with the related recommendations. As a result, the Commission reiterates these four findings related to missing persons.

In addition to the provincial policing standards, the RCMP in "E" Division established Inspector level District Senior Investigative OfficersFootnote 10 and in late 2012 established divisional policy relating to the investigation of serious incidents including "benchmark offences," which includes "high risk (e.g. sex trade workers) missing persons where foul play is suspected."Footnote 11

The new divisional policy includes a formal review process by the District Senior Investigative Officer for missing persons cases that are benchmark offences.Footnote 12

The Commission will monitor the effectiveness of this policy going forward.

The Commissioner supported or generally supported all but one of the Commission's recommendations. A review of the Commissioner's comments in the four instances where he "generally" supported the Commission's recommendations reveals no meaningful dispute with the intent of the recommendations themselves.

With respect to the Commission's recommendations relating to amending national and divisional policies, the Commissioner confirmed that the RCMP has already, in most cases, amended the policies and in some cases is in the process of amending the policies.Footnote 13

The Commissioner confirmed that the amended policies are either with the RCMP's "Policies and Publications,"Footnote 14 "with Translation"Footnote 15 or have already been implemented.Footnote 16

The Commissioner also confirmed that enhancements will be made to RCMP training,Footnote 17 guidanceFootnote 18 will be provided to members, and other modificationsFootnote 19 will be made.

The recommendation that the Commissioner did not support relates to the Commission's finding that "supervisor training does not further inform national policy regarding the identification of issues in use of force reports."Footnote 20

To address this finding, the Commission made the following recommendation:

Recommendation No. 20: That the RCMP modify supervisor training to provide guidance on the identification and reporting of issues in use of force reports.

The Commissioner concluded that additional training in this narrow area was "not required as a more direct action could accomplish the intended outcome." The Commissioner confirmed that a communiqué would be disseminated to supervisors "to provide guidance on the identification and reporting of issues in addition to information on the new issues checkbox."

The Commissioner's response to disseminate a communiqué falls short of ensuring the maximum remedial action to address the Commission's finding. While a communiqué may provide written guidance, additional training ensures that supervisors have demonstrated a practical ability to comply with appropriate identification and reporting of issues in use of force reports. This is preferable to written guidance alone, which does not import any such procedure.

The Commission reiterates its recommendation that the RCMP modify supervisor training to provide guidance on the identification and reporting of issues in use of force reports.

Going Forward

The RCMP Commissioner has confirmed his agreement with virtually all of the Commission's findings and recommendations related to policing in northern British Columbia. Although a number of the commitments made by the Commissioner to amend policies and training are in process, many remain to be finalized.

The Commission is committed to ensuring that the findings and recommendations in its Report on Policing in Northern British Columbia are implemented and thereby result in lasting change. To this end, the Commission will continue to monitor the implementation of the recommendations supported by the Commissioner.

To accomplish this objective, the Commission has taken an important step that will ensure that it is positioned to effectively respond to future concerns about policing issues in northern British Columbia.

The Commission has opened an office in British Columbia to oversee its operations. The office will focus on operational issues relating to public complaints originating in British Columbia, particularly among Indigenous communities.

The Commission's office in British Columbia will be dedicated to facilitating direct relationships with stakeholders, monitoring public complaint investigations and, where appropriate, identifying when the circumstances support initiating public interest investigations.

The monitoring of public complaint investigations will include closer oversight of the RCMP's usage of the informal resolution provisions of the RCMP ActFootnote 21 to ensure that informal resolution of public complaints is used appropriately by the RCMP.

Going forward, the Commission will utilize public complaints and public interest investigations to effectively monitor the RCMP's compliance with the recommendations in this Report, consistent with its expanded powers under the RCMP Act.Footnote 22

Given the importance of the issues related to RCMP members carrying out policing duties in northern British Columbia, the Commission reiterates all of its findings and recommendations.

Commission Findings

Personal Searches

Finding No. 1: The RCMP National Headquarters Operational Manual definitions of "body search" and "strip search" are unclear and do not provide sufficient guidance for members to clearly differentiate between the two.

Finding No. 2: The definition of "strip search" provided by the RCMP's national policy is not consistent with the definitions provided by current jurisprudence.

Finding No. 3: The RCMP's national policy requirement that members obtain the approval of a supervisor for a strip search "when one is available" is insufficiently stringent to ensure that such approval will be sought in all but exigent circumstances.

Finding No. 4: Sections 4.3. and 4.4. of RCMP National Headquarters Operational Manual chapter 21.2. lack clarity with respect to when strip searches by a member of the opposite sex are permitted.

Finding No. 5: Section 3. of RCMP National Headquarters Operational Manual chapter 21.2. does not provide clear direction to members on the required grounds to conduct an internal search, the necessary approvals or reporting requirements.

Finding No. 6: As written, section 5.2. of RCMP National Headquarters Operational Manual chapter 21.2. is unclear and creates ambiguity regarding the section 2.4. requirement to articulate the reasons for and manner in which a search was conducted, and where this information should be recorded.

Finding No. 7: The British Columbia RCMP policy mandating the removal of bras is contrary to common law principles. Absent reasonable grounds to conduct a strip search, the removal of a prisoner's bra is unreasonable.

Finding No. 8: By limiting training on strip searches to a review of relevant policies, procedures, law and written assignments, the RCMP Cadet Training Program fails to provide adequate training to cadets on what constitutes a strip search.

Finding No. 9: Relying on member or detachment initiative to request training, rather than mandating ongoing practical training in body searches or any training in strip searches in the Division, fails to ensure that members have adequate knowledge and experience in these areas.

Finding No. 10: From an accountability perspective, the Commission finds that the RCMP's National Headquarters and British Columbia divisional personal search policies and practices are not adequate.

Finding No. 11: The RCMP's personal search policy does not provide special measures to ensure the protection of a young person's rights consistent with the spirit of the Declaration of Principle in section 3 of the Youth Criminal Justice Act and police practices in some other jurisdictions.

Policing of Public Intoxication

Finding No. 12: Between 2008 and 2012, members failed to articulate on the occurrence report any reason for arresting an intoxicated person in 22.6% of cases and only provided a description of the person's level of intoxication in 55.8% cases.

Finding No. 13: Given the high proportion of files that were not compliant with policy guidelines, the Commission finds that supervisory review of public intoxication occurrence reports was inadequate.

Finding No. 14: The factor outlined in section 7.2.2.2. of RCMP National Headquarters Operational Manual chapter 18.1. "Arrest and Detention," referring to a person's ability to prevent injury to himself/herself or to others, is not entirely consistent with current jurisprudence and does not adequately reflect the broader range of risks captured under the concept of "danger to himself/herself and/or to others."

Finding No. 15: RCMP National Headquarters Operational Manual chapter 19.2. "Assessing Responsiveness and Medical Assistance" provides clear guidance to members and provides accountability by requiring members to document details of their assessment and actions taken.

Finding No. 16: RCMP National Headquarters Operational Manual chapter 19.9. "Release of Prisoners" aligns with section 497 of the Criminal Code yet fails to capture the complete list of exceptions listed under this provision.

Finding No. 17: RCMP National Headquarters Operational Manual chapter 39.2. relating to the arrest of young persons is consistent with the notification requirements set out in the Youth Criminal Justice Act, but it does not provide guidance to members regarding notifying parents when a young person is arrested without a warrant and held in RCMP custody without being charged.

Finding No. 18: Section 1.3.3.1. of British Columbia RCMP Operational Manual chapter 100.5., in relation to the consideration of alternatives to detention and the release of intoxicated persons, is not consistent with national policy and the Criminal Code.

Finding No. 19: The RCMP training on policing public intoxication is consistent with national and divisional policies and procedures.

Use of Force

Finding No. 20: Despite modest improvement in 2012, a significant proportion of Subject Behaviour/Officer Response reports failed in various ways to articulate use of force interventions according to policy and training requirements.

Finding No. 21: The RCMP's national policy clearly establishes a member's responsibility for reporting use of force interventions.

Finding No. 22: The RCMP's national policy on Subject Behaviour/Officer Response reporting does not provide clear direction to supervisors with regard to identifying, reporting and tracking use of force issues in the reports.

Finding No. 23: The lack of information in the Subject Behaviour/Officer Response database on the identification and disposition of issues in use of force reporting reduces the value of the database as an accountability tool.

Finding No. 24: Supervisor training does not further inform national policy regarding the identification of issues in use of force reports.

Finding No. 25: Training materials and user guides related to the Incident Management/Intervention Model and Subject Behaviour/Officer Response reporting are consistent with national policies and comprehensive in setting out expectations for articulating use of force interventions.

Domestic Violence

Finding No. 26: The Commission's review found that 34.6% of the reports did not include the mandatory Domestic Violence Supervisor Quality Assurance template.

Finding No. 27: While the divisional policy requires the completion of the Domestic Violence Supervisor Quality Assurance template during the shift that the file was received, less than half of the templates reviewed (46.3%) were completed within three days of the reported occurrence date.

Finding No. 28: Section 1.6.1. of the national policy on violence in relationships fails to clearly differentiate between offences under the Criminal Code and those under other federal, provincial or territorial legislation.

Finding No. 29: Section 2.2.4. of the national policy on violence in relationships requiring members to obtain victim and witness statements if practicable appears insufficiently rigorous in light of the policy's requirement to investigate and document all complaints of violence in relationships.

Finding No. 30: Section 2.2.7. of the national policy on violence in relationshipsis unclear and does not adequately reflect the Criminal Code provisions for search and seizure.

Finding No. 31: The divisional policy does not provide clear direction to members making highest risk designations in violence in relationships cases.

Finding No. 32: The divisional policy emphasizes the importance of supervision and provides for adequate quality assurance and oversight of violence in relationships investigations.

Finding No.  33: The RCMP Cadet Training Program provides members with the basic required skills and competencies to deal with situations involving violence in relationships as well as to understand the legal authorities in this regard.

Finding No. 34: The training provided to RCMP members in British Columbia appears to cover the essential elements of violence in relationships investigations.

Missing Persons

Finding No. 35: Nearly half (46%) of the occurrence reports failed to show that the RCMP in the North District investigated missing persons cases promptly and thoroughly contrary to policy.

Finding No. 36: Nearly half (49.4%) of the occurrence reports from 2008 to 2012 for missing persons cases identified by the RCMP in the North District as "high-risk" failed to show that the cases had been investigated promptly and thoroughly.

Finding No. 37: Missing persons cases involving youth identified by the RCMP in the North District as habitual, repeat or chronic were more likely than other cases to have deficiencies in the documented investigative actions, including unexplained gaps in the investigative timelines and failures to document risk assessments or missing persons debriefs on file.

Finding No. 38: Over half of the files reviewed showed that North District supervisors failed to comply with the policy requirements to document observations and directions on file, and showed no indications of follow-up on member compliance with directions.

Finding No. 39: The RCMP in the North District appears to have made inappropriate use of the coding "Query to Locate" on missing persons files.

Finding No. 40: The definitions and guiding principles of the revised national policy on missing persons address concerns raised by the 2012 Missing Women Commission of Inquiry.

Finding No. 41: The national implementation of the Missing Persons Risk Assessment form addresses concerns raised in the Missing Women Commission of Inquiry, but the content of the form does not fully reflect new definitions in the 2014 national policy.

Finding No. 42: The revised national policy on missing persons does not require members to fully articulate risk assessments on file.

Finding No. 43: The national policy on missing persons does not explicitly require supervisors to document their observations and directions to members on the occurrence report.

Finding No. 44: The Lost/Missing Person Report and Search Results provides a comprehensive and standardized method of collecting pertinent information at the outset, but the voluntary nature of its use by members detracts from the goal of standardizing the approach to missing persons investigations.

Finding No. 45: The RCMP does not have any mandatory training on missing persons investigations for members at Depot Division, at the Pacific Region Training Centre or in the Field Coaching Program.

Commission Recommendations

Personal Searches

Recommendation No. 1: That the RCMP update its National Headquarters Operational Manual policy definitions for "body search" and "strip search" to eliminate ambiguity and ensure that the definitions are consistent with current jurisprudence.

Recommendation No. 2: That the RCMP amend chapter 21.2. of its national policy regarding personal searches to ensure more robust supervisory oversight by explicitly requiring a supervisor's approval prior to conducting a strip search unless exigent circumstances exist.

Recommendation No. 3: That the RCMP amend chapter 21.2. of its national policy regarding personal searches to clarify if and when a strip search of a person of the opposite sex is ever permitted. Further, the policy should articulate the circumstances or criteria that must be met prior to conducting or overseeing a strip search of a person of the opposite sex (i.e. if immediate risk of injury or escape exists and/or in exigent circumstances).

Recommendation No. 4: That the RCMP amend its internal search policy to ensure that it clearly specifies the necessary grounds required prior to conducting an internal search as well as the required approvals.

Recommendation No. 5: That the RCMP amend chapter 21.2. of its national policy regarding personal searches to ensure that the policy addresses the member's requirement to articulate the reasons and manner of the search in writing, including the information members are required to document and where it must be recorded.

Recommendation No. 6: That the RCMP in British Columbia amend its policy regarding personal searches (Operational Manual chapter 21.2.) to reflect current jurisprudence.

Recommendation No. 7: That the RCMP enhance basic training at Depot Division to ensure that cadets are cognizant of the legal requirements, and relevant policies and procedures for all types of personal searches.

Recommendation No. 8: That the RCMP enhance training in personal searches to ensure that Division members are cognizant of the legal requirements and relevant policies and procedures for body, strip and internal searches, and that such training also be included in the Operational Skills Maintenance Re-Certification.

Recommendation No. 9: That the RCMP amend its National Headquarters and British Columbia divisional Operational Manual personal search policies to enhance transparency and accountability by ensuring the policies include an appropriate means of recording, tracking, and assessing compliance, thus facilitating independent review.

Recommendation No. 10: That the RCMP amend its national policy on personal searches to include specific guidance and direction in relation to strip searches of youth.

Policing of Public Intoxication

Recommendation No. 11: That the RCMP remind North District supervisors of the requirement to be thorough in their review of occurrence reports and, in particular, of the importance of ensuring that all occurrence reports are properly documented, especially those involving the arrest and detention of a person.

Recommendation No. 12: That the RCMP incorporate mandatory review of public intoxication occurrences in North District unit-level quality assurance and management reviews.

Recommendation No. 13: That the RCMP amend the National Headquarters Operational Manual chapter 18.1., section 7.2. to reflect current jurisprudence.

Recommendation No. 14: That the RCMP amendNational Headquarters Operational Manual chapter 19.9 to capture the complete list of exceptions listed under section 497 of the Criminal Code.

Recommendation No. 15: That the RCMP amend National Headquarters Operational Manual chapter 39.2. relating to the arrest of young persons to include guidance to members on notification requirements in instances where a young person is arrested and held in custody without being charged—particularly in cases involving public intoxication.

Recommendation No. 16: That the RCMP amend section 1.3.3.1. of divisional Operational Manual chapter 100.5. to outline conditions for release that mirror the guidance provided in the Criminal Code and to be consistent with national policy, which directs members to consider "alternatives to detention," thereby allowing for the consideration of a broader range of release options.

Use of Force

Recommendation No. 17: That the RCMP in British Columbia's North District ensure that articulations of use of force interventions are clear and comprehensive, and fully align with policies, guidelines, and training requirements.

Recommendation No. 18: That the RCMP establish criteria and reporting thresholds to aid in the identification of "issues," and provide clear direction on reporting and tracking use of force issues identified in reports.

Recommendation No. 19: That the RCMP modify the Subject Behaviour/Officer Response database and reporting policies to enhance accountability by ensuring issues identified through the reporting process can be monitored, tracked, and independently reviewed.

Recommendation No. 20: That the RCMP modify supervisor training to provide guidance on the identification and reporting of issues in use of force reports.

Domestic Violence

Recommendation No. 21: That the RCMP ensure that yearly unit-level quality assurance and/or management reviews always include a review of violence in relationships investigations.

Recommendation No. 22: That the RCMP amend section 1.6.1. of National Headquarters Operational Manual chapter 2.4. to correctly reflect the distinction between Criminal Code offences and provincial and territorial statutes.

Recommendation No. 23: That the RCMP amend section 2.2.4. of National Headquarters Operational Manual chapter 2.4. to enhance accountability by requiring members who do not obtain victim and witness statements to document the reasons they were not obtained.

Recommendation No. 24: That the RCMP amend section 2.2.7. of National Headquarters Operational Manual chapter 2.4. to make it consistent with the search and seizure provisions in section 117.04. of the Criminal Code.

Recommendation No. 25: That the British Columbia RCMP ensure that the divisional policy adequately addresses the process for making highest risk designations.

Missing Persons

Recommendation No. 26: That the RCMP review and amend its Missing Persons Risk Assessment form to ensure that it contains questions that assist members in assessing the full range of risks that pertain to high-risk persons, including runaways and individuals with a high-risk lifestyle.

Recommendation No. 27: That the RCMP amend its national policy on missing persons to include a clear requirement to fully articulate risk assessments on file, and to update the risk assessment on file as a case progresses.

Recommendation No. 28: That the RCMP amend national policy on missing persons to ensure that it requires supervisors to fully document observations and directions to members on file.

Recommendation No. 29: That the RCMP update its national policy on missing persons to require members to complete the new Lost/Missing Person Report and Search Results form atthe outset of an investigation.

Recommendation No. 30: That the RCMP review and amend the divisional missing persons policy in British Columbia to ensure that it is in line with the revised national policy.

Recommendation No. 31: That in the interest of promoting a standardized approach, and to support effective, comprehensive and coordinated responses to missing persons investigations, the RCMP consider making training on the revised national missing persons policy requirements mandatory for members in contract policing.

Pursuant to subsection 45.76(3) of the RCMP Act, the Commission respectfully submits its Final Report.

Ian McPhail, Q.C.
Chairperson

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