Commissioner's Response to the CRCC Specified Activity Review: Public Complaints - Nunavut

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I. COMMISSIONER'S PREAMBLE

I acknowledge receipt of the Commission's report Specified activity review of the RCMP's handling of the public complaints process in "V" Division/Nunavut (SAR) in accordance with section 45.34(1) of the Royal Canadian Mounted Police Act.

I have completed my review of the Findings and Recommendations set out in the Commission's report. For ease of reference, please find a summary of my responses to the CRCC Findings and Recommendations in Annex "A".

II. RESPONSE TO CRCC FINDINGS AND RECOMMENDATIONS

Finding No. 1: National Policy is not appropriate or clear.

I agree with Finding No.1 that the specific needs of some of V Division's residents are not addressed by the current policy. I also agree that some of the hyperlinks are broken and are not easy to verify and that a hyperlink to the guidebook would be a good idea. Finally, I also agree with the Commission that the policy does not reflect a Gender Based Analysis plus lens.

Recommendation No. 1: The RCMP update the national public complaint policy.

I support Recommendation No. 1: I would like to inform the Commission that the RCMP's National Policy on public complaints, the Administration Manual ch. XII.2 "Public Complaints", is currently under review. I will direct National Public Complaints Directorate (NPCD) to take your recommendations into account in said review process.

Finding No. 2: V Division does not have a divisional-level policy.

I agree with Finding No. 2 while noting that V Division is not unique in not having a division level policy for public complaints. Presently D, F and M Divisions are the only divisions that have divisional policy on public complaints.

Recommendation No. 2: V Division develop a divisional public complaint policy adapted to Nunavut's needs.

I do not support Recommendation No. 2: V Division has been working with other partners to find ways to make the public complaints process easier and more adapted to Nunavut's needs. As noted above, the majority of divisions do not have supplemental policies for public complaints. We do not feel the need for a divisional policy, since federal legislation and national policy currently fits our needs.

Finding No. 3: The RCMP made important improvements to the Guidebook.

I agree with Finding No. 3.

Finding No. 4: The training course complied with the RCMP Act but can be improved.

I agree with Finding No. 4.

Finding No. 5: National Public Complaints training was not mandatory and was applied inconsistently.

I agree with Finding No. 5.

Recommendation No. 3: The RCMP make public complaints training mandatory for all investigators and administrators in the public complaint system.

I support Recommendation No. 3 in part: I would like to inform the Commission that the NPCD is currently in the process of preparing a presentation to the National Mandatory Training Oversight Committee (NMTOC) seeking their approval to make the completion of the online training mandatory as part of the manager development programs.

Furthermore, I agree that the Public Complaints Investigators Course available through Agora should be made mandatory for any person working within a Professional Responsibility Unit (PRU) in a fulltime capacity and to the Commissioner's Delegates (District Commanders/Detachment Commanders) that are responsible for the administration of a public complaint. The requirement for these individuals to complete the training will enhance the public complaint process and put them in a position to provide guidance to the investigators responsible for conducting the investigations. Individuals working in these capacities would be exposed to a public complaint more frequently, thus the training would be more likely to be retained.

Finding No. 6: V Division does not currently provide pre-deployment training.

I agree with Finding No. 6.

Recommendation No. 4: V Division provide pre-deployment training for members transferring to V Division.

I support Recommendation No. 4: As stated by the Commission in its SAR, prior to the Covid-19 pandemic, V Division had put in place a training program in collaboration with Pirurvik, a cultural agency situated in Iqaluit. Unfortunately, as a result of the Covid-19 pandemic, the training program was suspended.

I would like to inform the Commission that V Division recognizes the importance for culturally appropriate pre-deployment Inuit Cultural Orientation training and is determined to offer said training. As such, V Division has recently reached an agreement with a new cultural agency for the resumption of the Inuit Cultural Orientation Pre-Deployment training. V Division remains committed to the resumption of training just as soon as the cultural agency confirms they are prepared to direct resources towards the delivery of said training. Once in place, the training will be mandatory for all new members coming to V Division.

Finding No. 7: RCMP recordkeeping practices make compliance review difficult.

I agree with Finding No. 7.

Recommendation No. 5: The RCMP and V Division implement a system for public complaints to allow them to identify trends, evaluate policy compliance and training effectiveness, and determine if remedial action is needed.

I support Recommendation No. 5 in part: HRMIS currently provides the organization with a platform to extract the information necessary to identify patterns and trends that allows the RCMP to address possible gaps in practices, policy and training. V Division currently documents all files in HRMIS and reviews all recommendations to determine if trends or operational/training gaps exist.

In an effort to better assess our public complaints process and identify areas for improvement, I will direct that the NPCD conduct a review of the current audit/review tools available for such assessments and, following consultation with the divisions, thoroughly consider the possible options for improvement.

Finding No. 8: Over two thirds of V Division public complaint files had inadequate sections.

I agree with Finding No. 8 to the extent that the documentation on file often failed to provide sufficient details or rationale for the actions taken.

Finding No. 9: Letters, documentation, and reasons for delays were often inadequate.

I agree with Finding No. 9 to the extent that the documentation on file often failed to provide sufficient information explaining delays.

Finding No. 10: Despite improvements, some investigations exceeded standard timelines.

I agree with Finding No. 10.

Finding No. 11: The RCMP and V Division do not have a formal process to ensure public complaint investigations/files comply with the National Policy or the Guidebook.

I agree with Finding No. 11 though I would acknowledge that in each division the member in charge of the Divisional Professional Responsibility Unit is ultimately accountable for ensuring public complaint investigations comply with National Policy.

Recommendation No. 6: The RCMP and V Division RCMP collaborate with the CRCC to build awareness of the public complaint system and improve its accessibility.

I support Recommendation No. 6. As the Commission is aware, such collaboration is already included at section 22 of the Memorandum of Understanding (MOU) between the RCMP and the Commission which reads as follows: The Participants may jointly decide to collaborate on and/or implement a public education strategy; in doing so the roles and responsibilities, as well as the nature of the separate and distinct relationship between Participants, will be recognized.

In accordance with section 22 of the MOU, we have been working with the CRCC on joint communications/Public awareness campaign and will continue to do so. V Division works very closely with the CRCC to identify partners and find ways to reach the public including sharing all CRCC materials in Inuktitut and Inuinnaqtun. These are available openly at police detachments and are provided to local Community Justice workers.

Finding No. 12: Awareness and accessibility of the public complaint system is lacking.

I agree with Finding No. 12.

Recommendation No. 7: The RCMP collaborate with Inuit-led groups and community partners, as well as the CRCC to explore the development of a culturally appropriate alternative complaint resolution mechanism.

I support Recommendation No. 7 in part: Although I do not support the development of an alternative complaint resolution mechanism, I do support a culturally informed approach to the resolution of public complaints in V division. Therefore, I will direct V division to further incorporate alternative culturally diverse principles, as possible remedies, in the informal resolution process already provided by section 45.56 of the RCMP Act.

Recommendation No. 8: The RCMP collaborate with the CRCC to explore options to create an online portal allowing individuals to verify the status of their complaint.

I do not support Recommendation No. 8: Section 45.63 of the Royal Canadian Mounted Police Act (RCMP Act) requires that the complainant(s) and subject member(s) be provided an update on a monthly basis with regards to the status of their complaint.

If the standard set out by the RCMP Act is not being met and substantive updates are not being provided on a monthly basis, this needs to be addressed at the division level. As such, I will direct V Division to take the necessary actions to ensure there is compliance with the RCMP Act.

The creation of an online portal will simply duplicate what is already required by legislation. Furthermore, as noted in NVision's report and in the CRCC's SAR, communities in V Division have a limited internet access. Therefore, an online portal is unlikely to resolve the issue.

Finding No. 13: The community does not have confidence in the public complaint system.

I agree with Finding No. 13.

Recommendation No. 9: The RCMP develop a sustainable plan to increase its recruitment and retention of Inuktut-speaking public complaint investigators and administrators.

I support Recommendation No. 9: V Division RCMP currently has two Inuk NCOs in key leadership positions which includes responsibility for Recruiting, Community Policing/Media Relations and the Senior Management Team. These individuals have been engaged in promoting recruitment for all population demographics including Inuit representation. Efforts are ongoing to identify, recruit and train Inuit persons in many front facing aspects of police operations. This includes Detachment Assistant staff, Operational Communications Centre and Regular Member recruiting. Community programs are also in place to provide youth exposure to the RCMP in hopes of creating career interest within the RCMP.

While the RCMP encourages mobility of its members, practices exist that provide the flexibility for members to remain in detachments that service Indigenous communities, which includes members of the local First Nations, Inuit and Metis communities. As for RCMP Public Service Employees, the sub-delegated manager(s) have the flexibility to set their area of selection, essential qualifications, as well as their organizational needs, in order to promote the hiring of members of the Inuit community in Nunavut. This is already part of Government of Canada policies on staffing. The RCMP is committed to increasing representation and this can and will be achieved through the use of Special Programs under the Canadian Human Rights Act and Special Measures under the Employment Equity Act.

Finding No. 14: There is insufficient Inuit representation in the RCMP.

I agree with finding No. 14.

III. IN CLOSING

The RCMP is dedicated to improving its public complaint process and adapting said process to the specific needs of the Inuit communities in Nunavut. We will continue working hard to find ways to improve access to and build trust in the public complaints process, to better serve the Inuit communities of Nunavut.

Kindest regards,

Mike Duheme
Commissioner

Annexe "A"

FINDINGS
Finding No. 1: National Policy is not appropriate or clear. Agree
Finding No. 2: V Division does not have a divisional-level policy. Agree
Finding No. 3: The RCMP made important improvements to the Guidebook. Agree
Finding No. 4: The training course complied with the RCMP Act but can be improved. Agree
Finding No. 5: National Public Complaints training was not mandatory and was applied inconsistently. Agree
Finding No. 6: Division does not currently provide predeployment training. Agree
Finding No. 7: RCMP recordkeeping practices make compliance review difficult. Agree
Finding No. 8: Over two thirds of V Division public complaint files had inadequate sections. Agree
Finding No. 9: Letters, documentation, and reasons for delays were often inadequate. Agree
Finding No. 10: Despite improvements, some investigations exceeded standard timelines. Agree
Finding No. 11: The RCMP and V Division do not have a formal process to ensure public complaint investigations/files comply with the National Policy or the Guidebook. Agree
Finding No. 12: Awareness and accessibility of the public complaint system is lacking. Agree
Finding No. 13: The community does not have confidence in the public complaint system. Agree
Finding No. 14: There is insufficient Inuit representation in the RCMP. Agree
RECOMMENDATIONS
Recommendation No. 1: The RCMP update the national public complaint policy. Supported
Recommendation No. 2: V Division develop a divisional public complaint policy adapted to Nunavut's needs. Not Supported
Recommendation No. 3: The RCMP make public complaints training mandatory for all investigators and administrators in the public complaint system. Supported in Part
Recommendation No. 4: V Division provide pre-deployment training for members transferring to V Division. Supported
Recommendation No. 5: The RCMP and V Division implement a system for public complaints to allow them to identify trends, evaluate policy compliance and training effectiveness, and determine if remedial action is needed. Supported in Part
Recommendation No. 6: The RCMP and V Division RCMP collaborate with the CRCC to build awareness of the public complaint system and improve its accessibility. Supported
Recommendation No. 7: The RCMP collaborate with Inuit-led groups and community partners, as well as the CRCC to explore the development of a culturally appropriate alternative complaint resolution mechanism. Supported in Part
Recommendation No. 8: The RCMP collaborate with the CRCC to explore options to create an online portal allowing individuals to verify the status of their complaint. Not Supported
Recommendation No. 9: The RCMP develop a sustainable plan to increase its recruitment and retention of Inuktutspeaking public complaint investigators and administrators. Supported
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