Annual Report 2022-2023

Message from the Chairperson

The complexity of law enforcement in Canada has increased over the past decade, with police responding to very different issues, including filling the gaps left by cuts to other social services. At times, these same police officers do not have the appropriate training to respond to these issues, but, in many communities across Canada, they are the only option available.

This increase in complexity has come at a time when police services across Canada are experiencing significant difficulty with both recruiting and retention. Law Enforcement professionals have come under increased scrutiny, with police interactions captured more frequently on video, and subsequently broadcast on social media.

This climate of increased police responsibility, recruiting and retention difficulties, and greater scrutiny of police actions has led to some unique challenges for police and, not surprisingly, police oversight. Police oversight must rise to these challenges, through robust accountability.

However, to be truly relevant and effective, police oversight must go beyond holding individual officers accountable for their actions. The police accountability profile must also focus on systemic issues and seek to bring about change. Oversight can improve policing outcomes for both the public and the police by identifying problems and making recommendations that ultimately lead to better quality training, and improved policies and procedures. This can only be achieved by reviewing policing through both individual and systemic perspectives.

Law enforcement accountability cannot start and end with the actions of individual officers. Law enforcement accountability must include leadership, and ensure that those charged with public safety have all the necessary tools to better serve their communities. Police oversight can and must contribute to this more holistic view of accountability.

The Complaint & Review Process

Enhanced Accountability

In addition to accepting complaints about the on-duty conduct of RCMP members from individuals and reviewing the RCMP's investigation if the individual is not satisfied with the RCMP's handling of their complaint, the CRCC has two broad powers that ensure the RCMP are publicly accountable: initiating a complaint and conducting systemic reviews of RCMP activities.

Chairperson-Initiated Complaints

If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct of an RCMP member(s), they may initiate a complaint. As with a complaint filed by a member of the public, these complaints are typically forwarded to the RCMP for investigation.

If, however, the Chairperson determines that it is not in the interest of the public for the RCMP to investigate a complaint, the CRCC investigates the complaint. This applies to complaints made by the public as well as Chair-initiated complaints.

In 2022-23, the CRCC launched two Chair-initiated complaints.

RCMP Arrest and Detention of Neurodiverse Alberta Teen

The CRCC initiated a complaint regarding the RCMP's arrest and detention of Ryley Bauman in October 2022 in St. Albert, Alberta.

As outlined in the CRCC's complaint, the RCMP's investigation will examine if, among other things:

• reasonable steps were taken to prevent Ryley from self-harming;
• training is provided to members on recognizing and interacting with neurodiverse people;
• the RCMP has national and divisional policies, procedures and guidelines pertaining to interactions with people with neurodiversity.

RCMP Handling of Sexual Assault and Death of Nova Scotia Woman

The CRCC initiated a complaint into the RCMP's handling of the sexual assault and subsequent death of Ms. Susan Butlin of Bayhead, Nova Scotia.

As outlined in its complaint, the CRCC's investigation will examine, among other things:

• the circumstances leading up to Ms. Butlin's death;
• the adequacy of supervision, policies, procedures, and training pertaining to sexual assault investigations;
• whether any myths or stereotypes about sexual assault influenced the response of RCMP members.

To learn more about these investigations, visit the CRCC website.

Systemic Investigations

The CRCC has the authority to conduct reviews of specified RCMP activities to ensure that they comply with legislation, regulation, ministerial direction, or RCMP policies, procedures or guidelines.

In 2022-23, the CRCC launched two systemic investigations:

The RCMP "E" Division Community-Industry Response Group (C-IRG)

The C-IRG responds to public order events related to large-scale resource-based industrial projects in British Columbia.

This systemic investigation will examine, among other things, whether relevant policies, procedures, guidelines and training:

• clearly define C-IRG's authorities, roles, and requirements;
• are consistent with applicable jurisprudence/case law and the Canadian Charter of Rights and Freedoms;
• reflect previous relevant CRCC recommendations and other good/leading practices.

The systemic investigation will also examine the extent to which C–IRG's operations and actions are consistent with the standards and expectations set in the UNDRIP, the DRIPA and the MMIWG Calls for Justice.

The RCMP's Handling of the Public Complaint Process in Nunavut

The CRCC receives very few complaints from individuals residing in Nunavut. This systemic investigation will examine:

• the RCMP's policies and training related to the public complaint process;
• whether or not the "V" Division (Nunavut) RCMP is complying with its policies and training;
• the RCMP's accountability framework in relation to the public complaint process.

The CRCC will also conduct research into the awareness of and confidence in the public complaint process in Nunavut.

To learn more about these investigations, visit the CRCC website.

Completed Systemic Investigations

Since 2017, the CRCC has completed five systemic investigations of RCMP programs or activities.

1. RCMP Bias-Free Policing Model
2. RCMP Policies and Procedures regarding Street Checks
3. RCMP Use of Crime Reduction-Type Units
4. RCMP Policies and Procedures regarding Strip Searches
5. Workplace Harassment in the RCMP Systemic investigation recommendations can include:
   • The RCMP implement more widely a method, procedure or protocol worthy of emulating;
   • RCMP policies, procedures, or guidelines be developed, clarified or amended;
   • The RCMP develop, amend or modify training for members.

A description of the systemic investigation recommendation categories are available on the CRCC website

The five systemic investigations of RCMP activities included 56 recommendations. The RCMP accepted 89% of them.

Findings and Recommendations

RCMP responses to CRCC reports outline which of the CRCC's findings have been accepted and what remedial measures are being actioned to address CRCC recommendations.

In 2022-23, the CRCC's findings and recommendations led the RCMP to take significant remedial steps, including:

• Amending national policy to require that next-of-kin notifications be done in person unless doing so is not appropriate or feasible in the circumstances (23-017).
• Continuing in its commitment to implement cultural awareness training, without delay (23-017).
• Improving policies, practices, and training to be more responsive to the needs of those experiencing problematic substance use concerns (22-079).
• Providing direction to all RCMP members to remind them of their obligations to investigate criminal allegations made by inmates in correctional facilities within RCMP jurisdiction (22-091).
• Developing a national policy on wellness checks (22-195).
• Expanding the use of trained mental health professionals to assist with police in responding to mental health crises (23-028).
• Providing operational guidance about microaggressions (22-217).

CRCC Recommendations Waiting for RCMP Implementation

In 2022-23, the CRCC repeated recommendations made in previous years. Although the RCMP supported these recommendations, they have not yet been implemented. These include:

• Changing policy concerning prisoner care and handling, such as the provision of adequate meals, blankets and mattresses, access to showers, reasonable medical attention and access to medications (22-029, 22-051, 22-078, 22-122, 22-143, 22-216, 23-044, 23-070 – recommendations previously made in 21-035, 21-236, 21-281, 21-285, 21-278, 21-038).
• Revising the policy on strip searches to ensure that strip searches are conducted in private and are not live-monitored and providing additional training to RCMP members (22-126, 23-044 – recommendations previously made in 21-279, 21-281 and in a systemic investigation).
• Creating a national sexual assault investigation course, making changes to national policy surrounding sexual assault investigations, and creating a best practices guide (22-119, 22-172, 23-058 – recommendations previously made in 21-059).

Monitoring of the Implementation Status of Recommendations to the RCMP

In late 2022, at the request of the CRCC, the RCMP began sending updates regarding the status of the implementation of CRCC recommendations.

According to the information provided, the RCMP supported 865 of the 969 CRCC recommendations made over the course of the past three years.

RCMP's Commitment to Transparency

In 2021, the RCMP committed to strengthening trust, transparency and accountability by providing an overview of all commitments it made in response to CRCC recommendations on its website. The overview includes the status of each recommendation that the Commissioner supported in response to the CRCC Chairperson's reports.

Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

Bill C-20 introduced in May 2022 includes a statutory requirement for the RCMP (and the CBSA) to provide an annual report to the Minister outlining the status of the implementation of our recommendations.

In the interim, the CRCC will continue to monitor and report on this matter in order to increase transparency and reassure the public that the RCMP is held to a high standard of public accountability.

Year in Review

The CRCC and the RCMP have an Operational Memorandum of Understanding (MOU) setting out, among other things, service standards aimed at providing the public with timely reports into concerns about RCMP member conduct.

The full terms of the MOU are available on the CRCC's website

Service Standards

Service Standards	Response Time	Results
The CRCC forwards public complaints it receives to the RCMP	30 business days from the date the CRCC receives all the information necessary to determine if the complaint meets the criteria set out in s. 45.43 of the RCMP Act.	65% of complaints were sent to the RCMP within the 30-day service standard
The RCMP investigates and delivers a report to the complainant	The RCMP has an internal service standard* of 120 days. *This standard is not part of the MOU	54%* of complaint investigations were finalized within the RCMP's internal service standard *This statistics is based on information the CRCC received from the RCMP
REVIEW PROCESS
After receiving a complaint review request, the CRCC notifies the RCMP and requests relevant materials	10 days	86% of requests for review were sent to the RCMP within the 10-day service standard
TThe CRCC conducts its review and issues either: a Satisfied Report an Interim Report	120 business days from the date the CRCC receives the relevant materials from the RCMP and the individual who files the complaint	38% of CRCC Satisfied & Interim reports were completed within the 120-day service standard
The RCMP responds to the CRCC Interim Report	Within 6 months	94% were received within the 6-month service standard
The CRCC issues its Final Report	30 business days after the CRCC receives the RCMP Commissioner's Response	91% of CRCC Final reports were delivered within the 30-day service standard
As of March 31, 2023, the average wait time for the RCMP's response to a CRCC interim report was 5 months. This is down significantly from previous years and signals the RCMP's 2022 commitment to strengthening the trust and confidence of Canadians.	Text Version During fiscal year 2018-19, the average wait time for the RCMP's response to a CRCC interim report was 24 months. During fiscal year 2019-20, the average wait time for the RCMP's response to a CRCC interim report was 28 months. During fiscal year 2020-21, the average wait time for the RCMP's response to a CRCC interim report was 28 months. During fiscal year 2021-22, the average wait time for the RCMP's response to a CRCC interim report was 28 months. During fiscal year 2022-23, the average wait time for the RCMP's response to a CRCC interim report was 5 months.

Public Complaints

Top Allegation Categories

This year, the most frequent complaint allegations were:

1. Neglect of duty
2. Improper attitude
3. Improper use of force
4. Improper arrest
5. Irregularity in procedure

A full list and explanation of the 16 allegation categories is available on the CRCC website.

Of the 4,002 public complaints filed, 2,521 were sent to the RCMP for investigation, while 1,480 did not meet the criteria set out in Part VII of the RCMP Act

Public Complaints – Five-year Trend

Text Version

Public Complaints Canada-Wide

	2017-2018	2018-2019	2019-2020	2020-2021	2021-2022
Total # of complaints received	2645	2988	3641	3361	3938
Total # of complaints meeting criteria (per section 45.53 of RCMP Act	2262	2352	2317	2273	2573

The breakdown by RCMP division is available on the CRCC website.

Complaints that were not sent for investigation may include:

• Complaints from an individual who was not directly involved and/or was not physically present during the incident
• Complaints filed outside the one-year time limit
• Complaints about the conduct of non-RCMP police officers
• Complaints that are trivial, frivolous, vexatious or made in bad faith
• Complaints that are more appropriately dealt with under other Acts of Parliament (e.g. privacy, human rights, official languages)

Of the 4,002 public complaints that were filed, 97% were filed with the CRCC and 3% were filed with the RCMP.

Public Complaints Related to National Security

Section 45.53(4.1) of the RCMP Act states:

The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency (NSIRA).

Public Complaints Referred to the NSIRA

Text Version

• 2019-20: 4
• 2020-21: 2
• 2021-22: 6
• 2033-23: 2

Strategic Initiatives

Multiple Complaint Subject Member Project

As part of its ongoing effort to hold the RCMP accountable for its activities and the conduct of its members, the CRCC undertook an initial analysis of existing public complaint data. The purpose was to identify RCMP members who were the subject of multiple complaints.

The CRCC's analysis identified 575 RCMP members who were the subject of 5 or more complaints between October 2015 and July 2022.

RCMP Members with 5 or more Complaints

Public Complaint Data FY 2021-22

The CRCC's analysis identified 333 RCMP members who were the subject of 3 or more complaints within one year. For the most part, these complaints were made by different individuals and are connected to separate, unrelated incidents.

Some noteworthy allegations included:

• Improper attitude and neglect of duty in relation to traffic incidents
• Excessive use of force
• Bias, discrimination and/or racism
• Member conduct in relation to intimate partner violence
• Care of detained persons

Additionally, the CRCC's analysis identified at least 2 public complaints that led the RCMP to initiate its Code of Conduct process. The results of these disciplinary processes are not known at this time.

The CRCC provides Multiple Complaint Subject Member reports to the RCMP annually for its awareness and whatever action deemed necessary.

Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments gives the Chairperson the authority to recommend to the RCMP Commissioner that a disciplinary measure be considered for a member who is the subject of more than 1 complaint.

Public Education & Outreach

The CRCC and the RCMP committed to increasing public awareness of the complaint process, as set out in Part VI, section 45.38 of the RCMP Act.

To that end, it was agreed that, Canada-wide:

• CRCC posters would be prominently displayed in public-facing areas of all RCMP detachments; and
• CRCC brochures would be publicly available in all RCMP detachments.

The CRCC and the RCMP's National Public Complaint Directorate coordinated efforts, and currently 676 RCMP detachments across Canada have complied with the joint directive.

Heads of Police Oversight Agencies Annual Meeting

This annual event hosted by the CRCC provided our oversight counterparts with access to experts in the fields of:

• Policing responses to mental health crisis;
• Recent legislative changes and the future of civilian oversight of law enforcement in Canada; and
• The collection and use of disaggregated demographic data in policing oversight.

This meeting further provided a forum to address issues of mutual concern, discuss how to better share information, and collaborate on improving public awareness of the role of police oversight agencies.

Canadian Association of Civilian Oversight of Law Enforcement (CACOLE)

CACOLE is a national non-profit organization involved in the oversight of police officers in Canada. CACOLE is dedicated to advancing the concept, principles and application of civilian oversight of law enforcement throughout Canada and abroad.

As president of CACOLE, the CRCC Chairperson led the 2023 annual conference held in Halifax, Nova Scotia.

Panel discussions addressed topics that included:

• Cultural Implications for the Public Complaint Process & Review Decisions
• Trauma-Informed Investigative Techniques
• Community Policing & Oversight
• Police Interactions with Neurodivergent Individuals
• Challenges for Police Oversight Agencies in Canada

To learn more about CACOLE, please visit the website.

Transparency and Accountability

Public Complaint Reviews: Searchable Findings & Recommendations

CRCC reports outline which of its findings the RCMP has accepted and what remedial measures the RCMP is taking to address them.

In order to promote awareness of the work of the CRCC, and to highlight the remedial nature of the public complaint and review process, the CRCC publishes depersonalized* numbered summaries of reports on its website. These include public complaint review reports where the CRCC:

• is satisfied with the RCMP's handling of a public complaint; or
• has issued recommendations for the RCMP

These summaries can be searched by:

* to protect the privacy of individuals who file complaints

Provincial/Territorial Reports on RCMP Public Complaints

In addition to its annual report to Parliament, the CRCC, per section 45.52(2) of the RCMP Act, is required to submit an annual report to the minister who has primary responsibility for policing in the province or territory, the federal Minister of Public Safety, and the RCMP Commissioner.

The reports must include:

• The number of public complaints filed by RCMP division
• How each complaint allegation was resolved*
• Substantiated by RCMP
• Not Substantiated by RCMP
• Informally Resolved by RCMP
• Terminated by RCMP
• Withdrawn by complainant
• Identification of trends, if any.

Currently, these reports also include a breakdown of the number of:

• Public complaints reviewed by the CRCC;
• The types of recommendations issued; and
• Whether or not the RCMP supported the recommendation.

The reports are published on the CRCC's website.

*Public complaints may contain one or more allegation. A full list of allegations is available on the website.

Administration of the Public Complaint Process

To ensure transparency of the public complaint process, related CRCC policies and agreements are published on the website. These include:

• Policy on the Discretion to Change or Restrict Access to Staff or Services due to Unreasonable Complainant Behaviour
• Policy on the Discretion to Refuse to Deal with a Complaint
• Policy on the Extension of the Time Limit to Submit a Complaint to the CRCC
• Policy on the Closing of Public Complaint due to Incomplete Information
• Memorandum of Understanding between the CRCC and the RCMP

New Intake Policy

To ensure consistency and fairness in the treatment of complainants, the CRCC has implemented a new policy pertaining to the closing of public complaints due to incomplete information. This operational policy came into effect April 1, 2023. This policy enables the CRCC to apply a standardized approach to the intake of complaints that require additional information in order to be processed.

This new policy will not only help alleviate the workloads of our Intake employees by making the process more efficient, but will also make the process more accessible for complainants.

Full details on the new policy are available on our website.

Organizational Chart

The CRCC consists of a full-time Chairperson and not more than four other full-time or part-time members, one of whom may be a Vice-chairperson, appointed by the Governor in Council.

A person is not eligible to be a member of the CRCC if that person

• is a member or former member of the RCMP; or
• is not a Canadian citizen or a permanent resident

In 2022-23, the CRCC's senior management team was comprised of: