Review of the RCMP’s Bias-Free Policing Model Report

Royal Canadian Mounted Police Act
Subsection 45.34(1)

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Table of contents

Executive Summary

  • Results in Brief

Findings and Recommendations

  • Policy Findings
  • Compliance Findings
  • Training Findings
  • Policy Recommendations
  • Compliance Recommendations
  • Training Recommendations

Introduction

Policy

  • National Policy
  • Divisional Policy

Compliance

  • Reporting and Tracking of Public Complaints
  • Reporting and Tracking of Code of Conduct Processes
  • Internal Reviews, Assessments, Audits and Evaluations

Training

  • Training Review
  • National Training
  • Divisional Training
  • Cadet Training
  • Supervisor, Manager and Executive Officer Leadership Training

Appendix A: Mandate and Methodology

  • Mandate
  • Methodology

Appendix B: RCMP OM 38.2. Bias-Free Policing

Appendix C: Research Bibliography

  • Academic Sources
  • Legislation and Reports

Executive Summary

Effective policing is predicated on public trust. Maintaining such trust requires that the public be assured that policing services are delivered in an equitable and unbiased manner. However, over the past few years, that trust has been called into question as the public reacts to events involving the police and certain social groups, such as Indigenous and racialized peoples. When police actions are viewed as unfair or biased, the legitimacy of law enforcement suffers.

In Canada, policing organizations are required by law to deliver services impartially and equitably, in a manner that upholds the Canadian Charter of Rights and Freedoms and anti-discrimination legislation. To achieve the outcome of unbiased policing, police services often develop a model or strategy to guide the actions of individuals and the organization itself.

The Commission undertook a review of the RCMP's bias-free policing model. The purpose of the review was not to examine the conduct of individual police officers; rather, it was to identify possible gaps in the model and make recommendations that would foster public confidence.

In particular, the Commission sought to determine whether policies, training and compliance frameworks are adequate, appropriate, sufficient and clear to support the RCMP's bias-free policing model. By evaluating policy, training, and compliance measures, the Commission applied a practical approach to the complex issue of bias in policing. Though not a panacea, policy, training and compliance are foundational elements of an effective model that advances equitable and unbiased policing.

The review found shortcomings in the RCMP's national policy and made recommendations to strengthen it, including expanding the prohibition on racial profiling to all forms of bias-based profiling; ensuring appropriate accountability; and requirements to support a policy review.

Moreover, policy states that all employees must complete bias-free policing training but it does not require recurring training. In the Commission's view, one and done training is unlikely to achieve the desired result, as lasting change requires lasting learning. As such, it is recommended that the policy be amended to include a provision for periodic training.

In evaluating RCMP training, the Commission noted that the various courses focus primarily on cultural competency or awareness training. This is an important element of bias-free training. But according to research, effective training also includes information on the science of bias. The training for supervisors, managers and executive officers does not sufficiently address their roles and responsibilities in relation to the bias-free policy or the concepts of biased policy.

The divisional training reflected the unique cultural realities of the respective province or territory. Developed in consultation with the communities served by the RCMP and other stakeholders, the training is viewed as a good practice.

Finally, the Commission found issues with the RCMP's ability to ensure compliance, evaluate effectiveness, and measure outcomes. The lack of systematic data collection related to allegations of biased conduct (public complaints and Code of Conduct), combined with the lack of evaluation of policy compliance and training effectiveness, impairs the RCMP's ability to adequately assess the efficacy of the bias-free policing model. Data collection and analysis could point to deficiencies in policies or training; identify trends; and enable evaluation or review with measurable outcomes. This would allow the RCMP to proactively address issues of bias, and in turn could contribute to public confidence.

Results in Brief

Following its review, the Commission found as follows:

  • The RCMP's national bias-free policing policy is inadequate, insufficient and unclear;
  • A lack of adequate and sufficient data collection regarding alleged biased member conduct hinders accountability;
  • National training related to bias-free policing is inadequate and insufficient, as it is predominantly cultural competency-type training and is not offered on a periodic basis;
  • Although insufficient on its own, the cultural competency-type divisional training was identified as a good practice, given that it is specific to the region and developed in partnership with the communities and academia.

The Commission made 13 recommendations to improve RCMP policy, compliance and training, including the following:

  • Amend national bias-free policy to include a clear statement barring all forms of bias-based profiling, as well as require periodic training, a periodic policy review and the collection of data to support a review;
  • Facilitate the assessment of policy compliance and training effectiveness by tracking allegations of biased member conduct, exploring other possible metrics; and
  • Strengthen training to make it recurring and more comprehensive in relation to unbiased policing.

Findings and Recommendations

Policy Findings

Finding 1: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" is inadequate, inappropriate, insufficient and unclear. In particular:

  • Section 2.4. deems "relevant information, indicators, or the examination of behaviour" acceptable to support police actions against criminal or potential criminal activity, but does not define what those types of information, indicators or examinations of behaviour actually are, making it inadequate and unclear;
  • Section 3.1.1. is inadequate, as it prohibits engaging in racial profiling but not other forms of bias-based profiling;
  • Section 3.1.2. sets out a requirement for bias-free training, but does not set out a requirement for periodic training, making it insufficient;
  • Section 3.3.1. does not adequately establish the overall responsibility to ensure that all divisional staff have the required training, and that appropriate steps will be taken to ensure policy compliance;
  • The absence of a requirement to monitor or review the implementation and effectiveness of the policy is insufficient; and
  • The absence of a requirement to collect appropriate data in support of a policy review is inappropriate and insufficient.

Compliance Findings

Finding 2: The framework within which public complaints that allege bias are collected, tracked, analyzed and reported on is inadequate and insufficient.

Finding 3: The RCMP's National Conduct Management Section tracks and reports the decisions made by conduct authorities in the Code of Conduct process, but does not identify or otherwise track biased conduct; this is inadequate and insufficient.

Finding 4: RCMP National Headquarters, "M" Division, "H" Division, "D" Division, "O" Division, and "E" Division have not conducted any reviews, assessments, audits, Unit Level Quality Assurance processes and/or evaluations of their compliance with the bias-free policing policy. This is inadequate.

Training Findings

Finding 5: The four national training courses currently offered are inadequate and insufficient in relation to bias‑free policing, as they lack material on the science of bias; only one is mandatory (Cultural Humility and Awareness course), and none are recurring.

Finding 6: To complement national bias-free training, it is a good practice that RCMP divisions develop cultural competency-type courses, in consultation with relevant communities, that reflect the differing cultural, social, economic and historical realities of each province and territory. This is appropriate.

Finding 7: While the Depot Cadet Training Program contains comprehensive cultural competency training material, the program contains no material on the science of bias, and does not incorporate a significant amount of scenario-based training related to bias-free policing. This is inadequate and insufficient.

Finding 8: The Commission determined that training for RCMP supervisors, managers and executive officers is inadequate, inappropriate, and insufficient in relation to bias-free policing, as it does not contain specific training regarding the RCMP's national policy, nor does it adequately engage with the concepts of biased policing.

Policy Recommendations

Recommendation 1: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include a clear and comprehensive definition of what are acceptable relevant information, indicators or examinations of behaviour in investigative and analytical processes.

Recommendation 2: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include mandatory, periodic bias-free training for all RCMP employees.

Recommendation 3: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to prohibit any biased-based profiling, in addition to the prohibition on racial profiling.

Recommendation 4: The RCMP should evaluate the reporting structures established in policy to determine how they are being put into practice and whether additional clarity is needed.

Recommendation 5: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include a clear statement that divisional senior leadership has an overall responsibility to ensure that all divisional staff have the required training, and that appropriate steps will be taken to ensure policy compliance.

Recommendation 6: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to establish a requirement, at the national and/or divisional level, to conduct a periodic review on the implementation and effectiveness of the policy, and the resulting report should be made public.

Recommendation 7: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should require the collection of appropriate data to support a policy review.

Compliance Recommendations

Recommendation 8: The RCMP should adopt an allegation type for "bias" within the public complaint process to facilitate data collection, analysis and reporting.

Recommendation 9: The RCMP should identify, track and report on biased member conduct, within the Code of Conduct process, in a manner that allows for the identification of trends; facilitates the evaluation of policy compliance and training effectiveness; and informs whether remedial action is required.

Recommendation 10: The RCMP should explore other possible metrics for evaluating policy compliance and training effectiveness, and examine the feasibility of implementing those metrics.

Training Recommendations

Recommendation 11: The RCMP's national and/or divisional training related to bias-free policing should be comprehensive, periodic, and include both cultural competency- and science of bias-type material.

Recommendation 12: Cadet training should include cultural competency and science of bias material, as well as comprehensive scenarios that expose and actively engage with racial or other stereotypes in a systematic way.

Recommendation 13: RCMP supervisor, manager and executive officer programs should include information regarding bias-free policing policy and concepts of biased policing.

Introduction

As state actors, police must respect the rights and freedoms of all Canadians and be accountable to the public they serve and protect.

R v Ahmad, 2020 SCC 11 at para 1

This central concept is key to effective policing in Canada. Policing duties must be carried out in a manner consistent with anti‑discrimination legislation, which expressly prohibits discrimination on the basis of certain prohibited grounds. This anti-discrimination legislation includes two main sources:

1. Section 15 of the Canadian Charter of Rights and Freedoms provides a constitutional prohibition on discrimination:

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

2. Policing is also bound by the quasi‑constitutional barriers contained in section 5 of the Canadian Human Rights Act:

It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public (a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or (b) to differentiate adversely in relation to any individual, on a prohibited ground of discrimination.

Fair and unbiased policing practices enhance the legitimacy of police services and promote public trust. Conversely, differential treatment in policing, rooted in stereotypes or biases, can cause harm to those who experience it and erode the relationship between police and the communities they serve.

In Canada, policing must be carried out in a manner that is consistent with the Canadian Charter of Rights and Freedoms (Charter) and the Canadian Human Rights Act (CHRA). In addition to the laws governing discrimination, many police services, including the RCMP, have policies and training related to bias to bolster the equitable delivery of services.

Given the effects that biased policing has on public confidence, the Commission conducted a review of the policy, training, and accountability framework that the RCMP has in place in relation to unbiased policing.

The review included an investigation of policies, mandatory training, as well as the public complaint and Code of Conduct processes as they relate to bias-free policing. The Commission's review also included an investigation of the means that the RCMP has, at the national and divisional levels, to evaluate compliance with its own bias-free policing policies.

The objective of the review was to determine whether the RCMP's bias-free policing model is adequate, appropriate, sufficient and clear.Footnote 1

Policy

National Policy

The RCMP relies on the national bias-free policing policy, OM 38.2. "Bias-Free Policing,"amended in September 2011. During the course of the review, the RCMP advised the Commission that a new, revised version of the national policy was published and took effect on October 21, 2020.

The Commission was informed by the RCMP's Vulnerable Persons Unit (VPU) that it undertook consultations with internal and external stakeholders in developing the revised policy, which includes two substantive changes: a requirement for bias-free-type training; and a reference to the public complaint process in the context of policy violations.Footnote 2

The definition in policy of "bias-free policing" is grounded in the language of the CHRA and includes a list of prohibited grounds of discrimination.Footnote 3 While this is appropriate, it is a slight narrowing of the legal concept of bias. There are two forms of bias recognized in law: individual bias and institutional bias (sometimes referred to as "systemic bias").

The policy makes clear that it is based on the Charter, the CHRA, the RCMP Act, and RCMP Regulations. It is unequivocal that ". . . RCMP employees provide equitable policing services to all people, while respecting diversity . . . ."Footnote 4 Bias-free policing is also linked to the RCMP's core values and the principles of community policing.Footnote 5

The circumstances in which demographics can be used to describe a suspect are clearly outlined and the relevant terminology are appropriately defined.Footnote 6

The 2020 version of OM 38.2. makes mandatory the completion of bias-free policing training for all employees. However, it does not make such training a periodic requirement.Footnote 7 In the Commission's view, it is insufficient for a member to take training in relation to bias in policing only once in their career. Given the evolution of the law and the psychology of bias, periodic refresher training is appropriate. Research on bias in policing maintains that training, to be effective, should be recurring.Footnote 8 As such, the RCMP policy should be amended to include the requirement for periodic training.

Section 2.4. of the policy indicates that the RCMP may conduct ". . . specialized activities including the legitimate use of relevant information, indicators, or the examination of behaviour [emphasis added] . . ."Footnote 9 in the following context: ". . . activities may include threat assessments, sex-offender profiling, intelligence and/or criminal analysis, geographical profiling or scientifically based information gathering, for example, fingerprints and future biometric technology, permitted by law."Footnote 10

In the Commission's view, the national policy should be more explicit as to what characteristics are acceptable in investigative and analytical processes. The policy deems "relevant information, indicators, or examination of behaviour" acceptable but does not define what those are. This lack of definition could lead to confusion and ambiguity in the application of the policy.

The RCMP should develop a clear and comprehensive definition of what is appropriate "relevant information, indicators, or examination of behaviour." This development work could include consultations with various groups.

According to policy, employees are not to engage in racial profiling. Although this prohibition is laudable, it is too narrow. Profiling based on religion, ethnic origin, or other prohibited grounds is equally as harmful and to be avoided. This should be clearly stated.

The policy requires that all supervisors and detachment commanders intervene and/or investigate all biased behaviourFootnote 11 and report the incident or allegations to the Commanding Officer or Criminal Operations Officer.Footnote 12 While Commanding Officers and Criminal Operations Officers are required to:

Ensure that incidents and/or allegations that contravene this policy are reported using the appropriate process (for example, public complaints, RCMP Code of Conduct, human rights complaints, or internal redress procedures such as the harassment and grievance processes).Footnote 13

There is no requirement in policy that the Commanding Officers and Criminal Operations Officers ensure that employees under their command act in accordance with the policy. The responsibility for policy compliance is left to supervisors and Detachment Commanders, seemingly delegating down overall accountability.

The policy would benefit from a clear statement that divisional senior leadership have an overall responsibility to ensure that all divisional staff have the required training, and that appropriate steps will be taken to ensure policy compliance.

In terms of the reporting process laid out in sections 3.2.5. and 3.3.1., the Commission was not made aware of any reports of biased conduct having been made.Footnote 14 As such, the Commission could not review the efficacy of the reporting process, other than to state that it exists in policy—though it appears to be defunct in practice. An examination by the RCMP of the prescribed process may reveal its adequacy and whether it needs to be modified or clarified to support the desired result.

There is no requirement to monitor or review the implementation of the policy and measure its effectiveness. Nor does the policy require the collection of appropriate data to support such a review. This undermines the RCMP's ability to identify bias in policing services or to assess the efficacy of the measures taken to eliminate bias.

In the Commission's view, the policy should include a periodic review and reporting requirement, at the national and/or divisional level. The results of such a review should be made public to increase transparency and enhance accountability, particularly with affected communities.

The policy should also require the collection of appropriate data to support such a review. Data collection would enable the RCMP to monitor the effectiveness of the policy and to take corrective action as needed.

Divisional Policy

None of the divisions within the scopeFootnote 15 of the Commission's review has developed a divisional bias-free policing policy. The divisions rely on national policy.

Policy Findings

Finding 1: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" is inadequate, inappropriate, insufficient and unclear. In particular:

  • Section 2.4. deems "relevant information, indicators, or the examination of behaviour" acceptable to support police actions against criminal or potential criminal activity, but does not define what those types of information, indicators or examinations of behaviour actually are, making it inadequate and unclear;
  • Section 3.1.1. is inadequate, as it prohibits engaging in racial profiling but not other forms of bias-based profiling;
  • Section 3.1.2. sets out a requirement for bias-free training, but does not set out a requirement for periodic training, making it insufficient;
  • Section 3.3.1. does not adequately establish the overall responsibility to ensure that all divisional staff have the required training, and that appropriate steps will be taken to ensure policy compliance;
  • The absence of a requirement to monitor or review the implementation and effectiveness of the policy is insufficient; and
  • The absence of a requirement to collect appropriate data in support of a policy review is inappropriate and insufficient.

Policy Recommendations

Recommendation 1: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include a clear and comprehensive definition of what are acceptable relevant information, indicators or examinations of behaviour in investigative and analytical processes.

Recommendation 2: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include mandatory, periodic bias-free training for all RCMP employees.

Recommendation 3: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to prohibit any biased-based profiling, in addition to the prohibition on racial profiling.

Recommendation 4: The RCMP should evaluate the reporting structures established in policy to determine how they are being put into practice and whether additional clarity is needed.

Recommendation 5: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to include a clear statement that divisional senior leadership has an overall responsibility to ensure that all divisional staff have the required training, and that appropriate steps will be taken to ensure policy compliance.

Recommendation 6: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should be amended to establish a requirement, at the national and/or divisional level, to conduct a periodic review on the implementation and effectiveness of the policy, and the resulting report should be made public.

Recommendation 7: RCMP National Headquarters Operational Manual chapter 38.2. "Bias-Free Policing" should require the collection of appropriate data to support a policy review.

Compliance

Given that the reporting process established in policy has not been utilized by the divisions within the scope of this investigation, the Commission was unable to determine the extent to which allegations of bias are made. Furthermore, in the absence of data collection and reporting across the various processes (e.g. public complaints, Code of Conduct), the degree of policy compliance could not be measured.

Reporting and Tracking of Public Complaints

The public complaint system categorizes member conduct into 16 different allegation types.Footnote 16 A public complaint alleging biased RCMP member conduct may not be captured as such, because currently no such allegation type exists. The primary consequence of the lack of a bias allegation type is that alleged biased conduct is documented as other behaviours.

In 2018, the RCMP's National Public Complaints Directorate began tracking public complaints alleging bias in a spreadsheet.Footnote 17 Despite best efforts, this tracking is inadequate, as it is not integrated into the overall process and does not allow for internal or independent review and reporting.

To fully understand the extent to which the public alleges biased member conduct, an allegation type related to real or perceived bias or discrimination is required. This would allow for systematic tracking of bias allegations; the disposition (founded or unfounded); and whether any remedial action was required.

Systematic tracking of such an allegation type would also allow the RCMP to measure the extent to which individual members are complying with the bias-free policy, and the degree to which training is meeting the desired outcome of bias-free policing.

Reporting and Tracking of Code of Conduct Processes

Member conduct is guided by the RCMP Code of Conduct. Decisions regarding any allegation of a breach of the Code of Conduct by a member are made by RCMP Conduct Authorities, who categorize the member conduct as one or more of the "conduct types" set out in the RCMP Regulations.Footnote 18

Although RCMP divisions are responsible for conduct matters, the RCMP's National Conduct Management Section (NCMS) at National Headquarters tracks and reports on Conduct Authorities' decisions to RCMP senior management. These decisions, some of which are made public,Footnote 19 are reported by type of conduct.

The NCMS produces statistical data to allow the RCMP to evaluate the functioning of its own conduct process. However, according to the National Conduct Management Office, the RCMP's tracking of conduct decisions does not include the details necessary to determine if a specific conduct allegation was related to biased member conduct.Footnote 20

An annual public report regarding member conduct is prepared, a subset of which is available on the RCMP's website.Footnote 21 The annual report contains significant information on the conduct process, broken down by year, including the types of misconduct, such as:Footnote 22

  • Discreditable conduct
  • Respect and courtesy
  • Act with integrity, fairness and impartially
  • Use of force

The conduct types are broad and do not include a distinct category for biased member conduct.Footnote 23 For example, allegations of discrimination or bias could be categorized under "act with integrity, fairness and impartially" or perhaps "discreditable conduct." As such, assessing which of the Code of Conduct proceedings involve an allegation of bias would require the RCMP to undertake a case-by-case review. The lack of systematic tracking challenges the RCMP's ability to fully understand the depth and breadth of the issue.

Short of a regulatory change to include a conduct type related to bias, the RCMP should maintain detailed data on Code of Conduct processes that involve allegations of biased member conduct. Such data is vital to understanding the extent to which members engage in biased policing and would enable the RCMP to identify trends; facilitate the evaluation of policy compliance and training effectiveness; and take remedial action if required.

Internal Reviews, Assessments, Audits and Evaluations

The RCMP undertakes various types of internal reviews, assessments, audits and evaluations. The Commission was informed that neither National Headquarters nor the divisions (within the scope) have completed any reviews, assessments, audits, Unit Level Quality Assurance (ULQA) processes and/or evaluations of compliance with the bias-free policing policy.Footnote 24 This lack of review and evaluation means that the RCMP cannot properly assess compliance with its bias-free policy or the effectiveness of its training.

An effective bias-free policing model would have measurable outcomes to monitor for bias and to address it on an ongoing basis. As such, the RCMP should consider what other accountability metrics, beyond the public complaint and Code of Conduct processes, could be implemented to check for both individual and collective policy compliance, as well as the impact of training.

Compliance Findings

Finding 2: The framework within which public complaints that allege bias are collected, tracked, analyzed and reported on is inadequate and insufficient.

Finding 3: The RCMP's National Conduct Management Section tracks and reports the decisions made by conduct authorities in the Code of Conduct process, but does not identify or otherwise track biased conduct; this is inadequate and insufficient.

Finding 4: RCMP National Headquarters, "M" Division, "H" Division, "D" Division, "O" Division, and "E" Division have not conducted any reviews, assessments, audits, Unit Level Quality Assurance processes and/or evaluations of their compliance with the bias-free policing policy. This is inadequate.

Compliance Recommendations

Recommendation 8: The RCMP should adopt an allegation type for "bias" within the public complaint process to facilitate data collection, analysis and reporting.

Recommendation 9: The RCMP should identify, track and report on biased member conduct, within the Code of Conduct process, in a manner that allows for the identification of trends; facilitates the evaluation of policy compliance and training effectiveness; and informs whether remedial action is required.

Recommendation 10: The RCMP should explore other possible metrics for evaluating policy compliance and training effectiveness, and examine the feasibility of implementing those metrics.

Training

RCMP training

NOTE: Although the "Bias-Free Policing" policy applies to all RCMP employees, the Commission's review focused on the training of members.

Training is provided to RCMP members at several stages in their careers: as Cadets at the RCMP Training Academy (Depot); as part of the yearly requalification cycle; as part of general skills development; and when required by a specific position.

National training is developed by the National Learning and Development Unit and the training is provided to members throughout their careers, depending on the role that the member is fulfilling at any given time. Some of the national training is mandatory for all members, and some of the training is mandatory based on the position (e.g. tactical team, major crime unit, drug enforcement unit).

Divisional training is developed at the discretion of each division. Each division has the ability to designate some training mandatory as determined by the divisional leadership team. As with the national training, some of the divisional training is mandatory for all members, and some of the training is mandatory based on position.

Depot training is the training new members undergo to become police officers. The Depot Cadet Training Program consists of academic training modules and practical applied hands-on training. The Cadets are continually evaluated throughout the program, including their performance in live scenarios. The Cadets also complete a mid-term and a final written exam.

Conceptual Framework for Assessing Training

The Commission established a conceptual framework to aid in understanding the various complex training approaches related to bias. The Commission categorized comparator training products and RCMP training products as either predominately "science of bias"- or "cultural competency"-type training.

For the purpose of this review, "science of bias" material refers to training that engages directly with the cognitive processes of bias, and teaches participants some or all of the following:

  • How cognitive function works in relation to bias
  • Implicit and explicit bias with reference to cognitive science
  • Different types of bias
  • How to be aware of and recognize biases and individuals' own biased thinking
  • How to challenge biases and make decisions in the course of police work that are based on observed facts and behaviour, not biases
  • Possible involvement of an application of the Implicit Association Test

The term "cultural competency" is used in reference to training that teaches participants some or all of the following:

  • Build self-awareness
  • Develop an understanding of the specifics of other cultures
  • Have exposure to individuals from other cultures and how to interact with them positively
  • Develop an openness to other cultures
  • Cultivate an understanding about their own biases

The reference to police training on bias as two distinct categories is a framework for understanding only. It is a significant simplification of complex real world realities.

Neither cultural competency-type training nor science of bias-type training should be considered a panacea for the challenges to police legitimacy that at times flow from interactions between police and certain groups. There are as many nuanced perspectives on police training as there are academics who study the subject. Police training in general, and police training in relation to bias specifically, is highly dynamic and the fields of academic study in this area are constantly shifting.

Research

The academic articles reviewed by the CommissionFootnote 25 were diverse, covering topics ranging from biased police decision-making and bias in policing interactions with racialized individuals, to social context within which police interactions occur. The research suggested two broad approaches to police bias training:Footnote 26

  • Implicit bias education
  • Racial and cultural sensitivity training

Some research described the concept of implicit bias education,Footnote 27 including specific and realistic training for police to enable unbiased decision-making. Other research noted the importance of implicit bias education and continuing scenario-based police training for reducing racially-based decision-making.Footnote 28

Specifically, scenario-based use of force training that portrays counter-stereotypes in ambiguous threat situations may condition officers not to rely on demographics, including the perceived race of the individual, when making use of force decisions.Footnote 29 Additional researchFootnote 30 spoke more broadly to the need for policing organizations to provide racial and cultural sensitivity training to officers. Overall, the research was not prescriptive and did not describe what that training would actually consist of.

Due to the changing and evolving nature of this area of study, the Commission's review drew only broad and general conclusions about police training in relation to bias:

  • Some form of training is necessary.
  • The useful amount of training necessary to reduce bias is unknown, but the necessary amount is clearly more than once in a policing career.
  • Many academics have broadly indicated that "cultural competency"-type training may be a way to reduce bias in police decision-making.
  • "Science of bias"-type training may be effective in reducing bias in police decision-making.

The Commission examined training material of five comparator policing organizations:

  • 4 of 5 had material related to cultural competency
  • 4 of 5 had material on the science of bias
  • 2 of 5 had training that contained both elements

It is important to note that the comparator training contained other material as well. The comparative study was conducted to develop an understanding of good practices.

Training Review

In an effort to understand the extent to which the RCMP provides training that supports bias-free policing, the Commission reviewed national and divisional training, Cadet training, as well as training in relation to supervisors, managers and executive officers.

National Training

The RCMP provided training material to the Commission. The Commission identified four national training courses that were related to bias-free policing:

  1. Cultural Awareness and Humility course
  2. National Aboriginal and First Nations Awareness
  3. National Bias Awareness for Orientation
  4. National Bias Awareness for Supervisors

Cultural Awareness and Humility Course

In interviews with the Commission, RCMP employees responsible for training development characterized the Cultural Awareness and Humility course as a significant component of the RCMP's response to, and engagement with, the issue of bias in policing.Footnote 31 The training focuses on implicit biases and reforming individual attitudes and behaviours.

In developing the Cultural Awareness and Humility course, National Learning and Development conducted extensive internal consultations with various business lines and policy centres within the RCMP. External consultation was also undertaken with various government and non-government organizations.Footnote 32 Notably, the Commission did not view any documentation to indicate that the RCMP consulted with any law enforcement organizations, either provincial police services or large municipal police services.

Effective November 2020, the Cultural Awareness and Humility course is mandatory for all RCMP employees across the country. This online, three-hour course engages with the issue of bias in policing almost exclusively from a cultural competency lens and is described as a "global approach," a "holistic approach," and a "multifaceted approach."Footnote 33

The course contains material on cultural awareness, cultural competency and the need for humility and empathy when interacting with people from other cultures. However, it does not engage with the science of biases, how biases function, how to be aware of biases, and how to confront biases.

The Cultural Awareness and Humility course introduces the concept of "cultural humility." Cultural humility sets an expectation for members to learn as much as they can, particularly about key groups of people with whom they typically work. When members do not know, they are encouraged to ask. According to the training, it is important for members to be observant, respectful, and adapt their own behaviours where reasonable and possible.

The course provides in-depth information on the skills necessary to develop cultural awareness and a humble approach to the cultures of other people. According to the RCMP,Footnote 34 the course's intended approach was to create understanding between members and citizens of different cultures, which would then lead to empathy and respect, and in turn would help members change their conduct in concrete ways.

However, the course does not teach specific skills on how to be fair and impartial, or how to challenge ones own biases. It does not discuss the cognitive functioning of bias either in individuals in general or specifically in police and policing, nor does the course directly engage with the challenges of bias in policing specific groups.

The Cultural Awareness and Humility course is considered "foundational"Footnote 35 training by the RCMP that will act as a gateway to a number of other complementary training products that are in development. A concrete example of this pending development was provided by the RCMP. In responding to the Commission's report on the review of the RCMP's policies and procedures regarding street checks,Footnote 36 the RCMP Commissioner stated that a new mandatory anti-racism training course for all employees is in development. The training will focus on reducing discrimination and advancing racial equity, diversity and inclusion.

The RCMP refers to the courses being developed as the "cultural learning continuum."Footnote 37 The Cultural Awareness and Humility course is the first course in this continuum followed by the Indigenous learning series:Footnote 38

  • The Uncomfortable Truth
  • First Nation Awareness
  • Metis Awareness
  • Inuit Awareness

The Commission learned that the RCMP plans to make the courses available to regular members and civilian members.Footnote 39 The additional courses in the "cultural learning continuum" were not yet developed at the time of the Commission's review. Therefore, the Commission is not in a position to review the sum total of the "cultural learning continuum" and cannot comment on its adequacy, appropriateness, sufficiency, and clarity.

The Cultural Humility and Awareness course contains some cultural competency training material, but it does not contain any material on the science of bias. On its own, without complementary training courses, the Cultural Humility and Awareness course in inadequate and insufficient.

National Aboriginal and First Nations Awareness

The RCMP's National Aboriginal and First Nations Awareness course provides participants with First Nations history and background. Though not mandatory, it is available to all employees and is delivered online and takes approximately two hours to complete.

The intent of the course is to increase knowledge, enhance self-awareness and strengthen the understanding of RCMP employees of Indigenous peoples in Canada. The course provides participants with an extensive coverage of Indigenous peoples history, culture, language, religion, misconceptions about Indigenous peoples and the impact of government policies. It stresses that a police officer's approach to policing within an Indigenous community must include a degree of understanding and sensitivity to the cultural issues involved.

The course does not teach specific skills on how to be fair and impartial, nor is the course mandatory. The National Aboriginal and First Nations Awareness course is a comprehensive cultural competency-type training product but lacks material on the science of bias.

National Bias Awareness for Orientation

This course allows participants to identify biases and how bias can affect their interactions with colleagues, the public, and management.

The National Bias Awareness for Orientation course is not mandatory, is available to all employees within the Force, and is delivered online. The training requires approximately 20 minutes to complete, and includes a brief quiz.

Prior to starting the course module, participants are asked to complete the Project Implicit Test. The purpose of the test is to help members recognize that everyone has biases; just because an individual has a tendency to automatically or unconsciously associate one thing with a certain concept, it does not mean they are prejudiced. The course teaches that being aware of one's own biases is positive, and is the first step towards identifying ways to manage them.

National Bias Awareness for Supervisors

The RCMP's National Bias Awareness for Supervisors course allows participants to understand what bias is and what one's own biases may be, as well as identify techniques and strategies that will allow supervisors to conduct bias-aware interviews.

The training was developed to promote constancy and equity within recruitment and pre-screening processes, by enhancing the awareness and knowledge of interviewers of how to be more bias-aware in their approach to interviewing candidates. Further, the pros and cons of different interviewing styles were discussed, namely the two commonly used styles of interviewing: behaviour-based interviewing and situational interviewing.

The course is available to hiring managers and supervisors but is not mandatory. It is delivered online in approximately 40 minutes.

The National Bias Awareness for Supervisors course is quite similar to the National Bias Awareness for Orientation course, with the exception of sections on the differences supervisors might encounter when interviewing culturally diverse candidates and tips for conducting inclusive interviews.

Finally, prior to starting the course module, participants are asked to complete the Implicit Association Test. The purpose of course participants taking the test is to teach members to recognize that everyone has biases; just because an individual has a tendency to automatically or unconsciously associate one thing with a certain concept, it does not mean they are prejudiced.

The four national training courses currently offered are inadequate and insufficient in relation to bias-free policing, as they lack material on the science of bias. Only one is mandatory (Cultural Humility and Awareness course), the courses are relatively brief, and none are recurring.

Divisional Training

The Commission requested training material related to bias-free policing from the divisions within the scope of the review, and was provided with cultural competency-type training by "M" Division (Yukon), "D" Division (Manitoba), and "H" Division (Nova Scotia). Each of the three divisions developed courses or workshops that are intended to educate members about particular groups in the respective divisions. "O" Division (Ontario) relies on national training, while "E" Division (British Columbia) provided material that deals with the concept of bias-free policing peripherally.

"M" Division: Yukon

"M" Division developed the Yukon First Nations History and Culture Training course. The course is designed to provide participants with information on the history and culture of Yukon First Nations through interactive classroom presentations, as well as individual and group exercises. The two-day course is mandatory for all employees working in "M" Division. Participants must successfully complete the pre-requisite National Aboriginal and First Nations Awarenesscourse online prior to attending this two-day course.

The Yukon First Nations History and Culture Training course was developed by the Northern Institute of Social JusticeFootnote 40 and the First Nations Initiative (FNI)Footnote 41 at the Yukon University at Yukon College. The FNI works in cooperation with Yukon First Nations to develop programming. The course was developed in response to recommendations from the report titled Sharing Common Ground: A review of the Yukon's Police Force.Footnote 42

"H" Division: Nova Scotia

"H" Division relies in part on national bias-free training courses (outlined above). "H" Division has also adopted a number of workshops and courses developed in the division or by organizations other than the RCMP. These workshops and courses relate, broadly speaking, to bias-free policing.

The Commission was informed that three courses were adopted by "H" Division from the Canadian Police Knowledge Network (CPKN):

  • "H" Division Racially Biased PolicingFootnote 43 (one hour, online)
  • "H" Division Police Ethics and Accountability (two hours, online)
  • "H" Division Using a Trauma-Informed Approach (two hours, online)

The CPKN is a network of policing curriculum on various topics. The course materials on the CPKN are produced by various policing agencies across Canada and can be accessed and used by any of the participating agencies.

The Division also developed two workshops, the African Canadian Experience workshop and the Indigenous Perceptions workshop, which are unique to the Nova Scotia experience and attempt to expose participants to the respective cultures, history and customs, and to challenge their own perceptions.

"D" Division: Manitoba

The "D" Division Indigenous Perceptions course provides participants with information on the history and culture of First Nations and Metis peoples in Manitoba, as well as treaty, law and governance issues, among others.

The Commission learnedFootnote 44 that the Indigenous Perceptions course is for new employees, civilian members and regular members. The participants are in small training groups that are interactive, and the course is facilitated by an Indigenous instructor.

"O" Division: Ontario

In response to the Commission's request for bias-free-type training material, "O" Division did not provide any divisional training. The division relies on nationally developed training courses. This is appropriate, as the RCMP performs federal policing functions in the province, not general duties.

"E" Division: British Columbia

In response to the Commission's request for training in relation to bias-free policing, "E" Division submitted an analysis of a number of courses it deemed relevant:

  • The Investigative Development Program (E Division Classroom Training)
  • British Columbia Provincial Policing Standards for Missing Person Investigations
  • RCMP Phased Interview Model for Suspects Version 5
  • Phased Interview Model for Children Version 2

In the Commission's view, the courses engaged with the concepts of bias-free policing peripherally, and in passing, while focusing on other subjects and teaching material. The training did not contain material on cultural competency or the science of bias, and did not engage meaningfully with the concepts of biased policing.

The Commission finds that, based on the different cultural, social, economic and historical realties of the areas policed by the RCMP, it is appropriate for RCMP divisions to develop "cultural competency"-type training that reflects the varied realities of the different regions.

Cadet Training

The Depot Cadet Training Program (CTP) lasts six months and consists of academic training modules that are each composed of a number of sessions. The Commission reviewed the entirety of the Depot CTP, module by module, session by session, to determine what material about bias is currently being taught to Cadets.

The CTP contained a significant quantity of cultural competency-type material, though no material on the science of bias was identified. Neither of the exams tested any material in relation to bias in general, cultural competency, or the science of bias.

In the Commission's view, the material in relation to bias in the Depot CTP is not sufficiently broad and does not incorporate a significant amount of scenario-based training related to bias-free policing. The RCMP should consider including in the Depot curriculum comprehensive scenarios that expose and actively engage with stereotypes and bias in a systematic way.

Supervisor, Manager and Executive Officer Leadership Training

Given the role of supervisors and senior leaders in the "Bias-Free Policing" policy, the Commission reviewed the entirety of the national Supervisor Development Program (SDP), Manager Development Program (MDP), and Executive Officer Development Program (EODP), in an effort to determine the extent to which bias-free policing is addressed.

  • Supervisor Development Program:
    • National program for all members promoted to the rank of Corporal;
    • Designed to provide supervisors with the skills they need to carry out their responsibilities.
  • Manager Development Program:
    • National program for all members transitioning from the rank of Corporal to that of Sergeant;
    • One component of the RCMP's core training on leadership and management.
  • Executive Officer Development Program:
    • National program for newly promoted inspectors or civilian members at the initial executive level;
    • Designed to benefit the executive leadership within the organization with their various roles and responsibilities.

These core leadership development programs contain extensive and comprehensive material on leadership and management practices, focusing on issues of internal governance and financial management.

All three programs include modules on how to promote fair and impartial policing, making repeated reference to the RCMP's core values of respect and fairness. Issues such as bias, ethics and inclusivity are addressed in the training but in relation to supervision and leadership, rather than training participants on how to ensure that policing services are delivered without bias.

The programs do not contain specific training on the duties and responsibilities of supervisors, managers or executive officers with respect to the RCMP's national policy on bias-free policing, nor do they adequately engage meaningfully with the concepts of biased policing.

Supervisors and senior leaders set the tone, model behaviour, and provide critical guidance. Although some may intuitively understand their role and responsibilities toward bias-free policing, others may not. Therefore, training is essential.

Training Findings

Finding 5: The four national training courses currently offered are inadequate and insufficient in relation to bias-free policing, as they lack material on the science of bias; only one is mandatory (Cultural Humility and Awareness course), and none are recurring.

Finding 6: To complement national bias-free training, it is a good practice that RCMP divisions develop cultural competency-type courses, in consultation with relevant communities, that reflect the differing cultural, social, economic and historical realities of each province and territory. This is appropriate.

Finding 7: While the Depot Cadet Training Program contains comprehensive cultural competency training material, the program contains no material on the science of bias, and does not incorporate a significant amount of scenario-based training related to bias-free policing. This is inadequate and insufficient.

Finding 8: The Commission determined that training for RCMP supervisors, managers and executive officers is inadequate, inappropriate, and insufficient in relation to bias-free policing, as it does not contain specific training regarding the RCMP's national policy, nor does it adequately engage with the concepts of biased policing.

Training Recommendations

Recommendation 11: The RCMP's national and/or divisional training related to bias-free policing should be comprehensive, periodic, and include both cultural competency- and science of bias-type material.

Recommendation 12: Cadet training should include cultural competency and science of bias material, as well as comprehensive scenarios that expose and actively engage with racial or other stereotypes in a systematic way.

Recommendation 13: RCMP supervisor, manager and executive officer programs should include information regarding bias-free policing policy and concepts of biased policing.

The Commission submits its findings and recommendations pursuant to subsection 45.34(1) of the Royal Canadian Mounted Police Act.

Appendix A: Mandate and Methodology

Mandate

The Commission's mandate with respect to reviewing RCMP activities, and reporting its findings and recommendations is set out in Part VI of the Royal Canadian Mounted Police Act (RCMP Act). Subsection 45.34(1) of the RCMP Act empowers the Commission to conduct a review of "specified activities" of the RCMP:

45.34(1) For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review.Footnote 45

On May 22, 2018, the then Chairperson notified the Minister of Public Safety, pursuant to subsection 45.34(1) of the RCMP Act, of his decision to initiate a specified activity review of the RCMP's bias-free policing framework.

Methodology

Subsection 45.34(4) of the RCMP Act requires the Commission to include in its report ". . . any Findings and Recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force."Footnote 46

The four concepts of adequacy, appropriateness, sufficiency, and clarity are intrinsically related. Adequacy and sufficiency are quantitative measures that speak to the quantity of the evidence that was collected by way of investigation. The quantity of evidence collected relates to the complexity and breadth of the activity being reviewed and the quantity of evidence must be such that the Commission's conclusions and findings can be made accurately and with confidence.

Appropriateness and clarity are qualitative measures. These measures speak to the relevance and reliability of the evidence in supporting the Commission's conclusions and findings. The reliability of evidence is influenced by its source and by its nature, that is to say what type of information it actually is. The reliability of evidence is also dependent on the individual circumstances under which it is obtained.

For this review of the RCMP's bias-free policing framework, the information was obtained through interviews and documentary review, and was assessed using the quantitative and qualitative measures outlined in the RCMP Act.

The Commission selected "H" Division (Nova Scotia), "O" Division (Ontario), "D" Division (Manitoba), "E" Division (British Columbia) and "M" Division (Yukon) for this review. These divisions were selected to provide a broad representation across Canada.

The following relevant materials were requested from the RCMP:

  • National policy that relates to bias-free policing;
  • National mandatory training that relates to bias-free policing with the RCMP providing:
  • The Supervisor, Manager, and Commissioned Officer Development Program course materials in their entirety;
  • The Depot Cadet Training Program materials in their entirety;
  • Divisional policy that relates to bias-free policing for the following divisions: "H" Division (Nova Scotia), "O" Division (Ontario), "D" Division (Manitoba), "E" Division (British Columbia), and "M" Division (Yukon);
  • Divisional mandatory training that relates to bias-free policing for the following divisions: "H" Division (Nova Scotia), "O" Division (Ontario), "D" Division (Manitoba), "E" Division (British Columbia), and "M" Division (Yukon) with the RCMP providing:
    • Any national-level reviews, assessments, audits, Unit Level Quality Assurance processes (ULQA) and/or evaluations that have been conducted of the RCMP's compliance with its bias-free policing policy; and
    • Any division-level reviews, assessments, audits, Unit Level Quality Assurance processes (ULQA) and/or evaluations that have been conducted of the RCMP's compliance with its bias-free policing policy in the following divisions: "H" Division (Nova Scotia), "O" Division (Ontario), "D" Division (Manitoba), "E" Division (British Columbia), and "M" Division (Yukon).

The Commission did not review individual assessments or investigations of specific allegations of bias made against RCMP members.

The timeframe for the Commission's review spanned from the date the review was initiated, on May 22, 2018, to January 2, 2020. Policies and mandatory training materials that were created after that date range were generally not reviewed.

However, there were some exceptions to this timeframe that were undertaken to ensure that the review was as comprehensive as possible. For example, in cases where a section of the RCMP provided training material to the Commission, the Commission reviewed the training material that it received regardless of whether it was mandatory or whether it was being considered to be made mandatory.

The materials the Commission reviewed included both the national policy and training that the RCMP has in place in relation to bias-free policing:

  • National Policy OM 38.2. "Bias-Free Policing"
  • National Aboriginal and First Nations Awareness course
  • National Bias Awareness for Orientation course
  • National Bias Awareness for Supervisors course
  • National course on using a trauma-informed approach
  • National Cultural Awareness and Humility course
  • National Supervisor, Manager, and Commissioned Officer Development Program course materials
  • The Depot Cadet Training Program material in its entirety, with exams
  • H Division African Canadian Experience workshop
  • H Division Indigenous Perceptions workshop
  • H Division Racially Biased Policing, CPKN
  • H Division Police Ethics and Accountability, CPKN
  • H Division Using a Trauma-Informed Approach, CPKN
  • D Division Indigenous Perceptions course
  • E Division Investigative Development Program (classroom training)
  • E Division British Columbia Provincial Policing Standards for Missing Person Investigations course
  • E Division RCMP Phased Interview Model for Suspects Version 5 course
  • E Division Phased Interview Model for Children Version 2 course
  • M Division Yukon First Nations History and Culture Training course
  • National Integrated Operations Council Mandatory Training Oversight Sub-Committee Terms of Reference

As part of this review, the Commission undertook an assessment of publicly available policy and guidance documents from a number of policing organizations or their governance boards. Police governance boards and police services were chosen as comparator organizations because they had publically available policy and guidance documents. The Commission conducted a comparative study and developed an understanding of good practices.

The Commission's review of national bias-free policing policy included an assessment of the policy; interviews with staff at the Vulnerable Persons Unit at RCMP Headquarters that developed the policy; and interviews with Divisional Criminal Operations (CROPS) personnel and training personnel that are responsible for ensuring that the policy is applied.

The Commission reviewed the entire curriculum for Cadets at the Depot training facility, and the entirety of the Supervisor, Manager and Executive Officer Development Program. Reviewing these training programs provided insight into the extent to which the RCMP prioritizes bias-free policing training for all Cadets and the supervisory and leadership cadres.

The Commission conducted an assessment of the academic literature around bias-free policing and also conducted an overview of the bias-free policing training provided by comparators in Canadian law enforcement.Footnote 47

The Commission conducted a total of 24 interviews, including staff at the national Vulnerable Persons Unit (VPU) that developed the national bias-free policing policy (OM 38.2. "Bias-Free Policing"); the RCMP section that developed the Supervisor, Manager and Commissioned Officer Development Training Program curriculums; the section at Depot that developed the Cadet training curriculum; and staff from the National Public Complaints Directorate (NPCD) and the National Conduct Management Section (NCMS) to review the framework in place within the RCMP to address biased policing.

Interviews were conducted with the divisional policy centres responsible for implementing the national policy and the units responsible for developing and delivering training within "H" Division (Nova Scotia), "O" Division (Ontario), "D" Division (Manitoba), "E" Division (British Columbia) and "M" Division (Yukon).

The interviews conducted by the Commission were intended to address the lines of inquiry of the Commission's investigation. The five lines of inquiry pertained to the following areas:

  • Are there RCMP national and divisional policies that relate specifically to bias-free policing? Are the national and divisional policies adequate, appropriate, sufficient and clear?
  • Does the RCMP have mandatory national training and divisional training in relation to bias-free policing? Is the national and divisional training adequate, appropriate, sufficient and clear?
  • Does training for Cadets at Depot include components that address racial bias and approaches to bias-free policing? Is the RCMP's Depot training for new Cadets in relation to bias-free policing adequate, appropriate, sufficient and clear?
  • Does the RCMP require mandatory supervisor/management training that includes components specifically related to bias-free policing? Is the training adequate, appropriate, sufficient and clear?
  • Does the RCMP have the means to review, assess and evaluate compliance with the policies, procedures and guidelines that relate to bias-free policing?

The Commission assessed each item of evidence, consisting of the relevant materials and the interviews, to make findings and recommendations in relation to the RCMP's bias-free policing model.

Appendix B: RCMP OM 38.2. Bias-Free Policing

Policy Amended: 2020-10-21

For information regarding this policy, contact Vulnerable Persons Unit, National Crime Prevention and Indigenous Policing Services, Contract and Indigenous Policing.

  • Definitions
  • General
  • Roles and Responsibilities

1. Definitions

1. 1. Bias-free policing means equitable treatment of all persons by all RCMP employees in the performance of their duties, in accordance with the law and without abusing their authority regardless of an individual's race, national or ethnic origin, skin colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, citizenship, socioeconomic status, genetic characteristics, disability, or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

1. 2. Employee means all ranks, levels, and categories of persons employed by the RCMP.

1. 3. Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as clothing, hair, make-up, body language, and voice. A person's chosen name and pronouns are also common ways of expressing gender.

1. 4. Gender identity is each person's internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person's gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally independent from a person's sexual orientation.

1. 5. Racial profiling means attributing certain criminal activity to an identified group in society on the basis of race or skin colour, resulting in the targeting of individual members of that group. Racial profiling includes any action or increased scrutiny towards an individual based on their actual or perceived race, national or ethnic origin, skin colour, or religion, or any combination of these grounds. Racial profiling may be consciously or unconsciously held.

2. General

2. 1. Pursuant to the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the RCMP Act, section 37 and 48, and the RCMP Regulations, RCMP employees provide equitable policing services to all people, while respecting diversity, as outlined in sec. 1.1.

2. 2. Bias-free policing supports the RCMP core values, which include the RCMP's principles of community policing.

2. 3. All operational and administrative policies must comply with this policy.

2. 4. Bias-free policing does not prevent the RCMP from conducting, when necessary, specialized activities including the legitimate use of relevant information, indicators, or the examination of behaviour to support police actions against criminal or potential criminal activity.

2. 4. 1. These activities may include threat assessments, sex-offender profiling, intelligence and/or criminal analysis, geographical profiling, or scientifically based information gathering, for example, fingerprints and future biometric technology, permitted by law.

2. 4. 1. 1. Personal characteristics, such as those listed in sec. 1.1., are never indicators of criminal activity.

2. 5. To identify an individual, employees may continue to use observable physical descriptors (for example, height, weight, hair and eye colour, an individual's perceived race, skin colour, ethnicity, and sex or perceived gender) but only when the descriptor is part of a specific person's description or can be inferred from the description, based on sufficiently trustworthy and relevant information.

2. 5. 1. If practical, an individual should be consulted privately about how they express and identify their gender as per the Canadian Human Rights Act, and if practical, be given the opportunity to state, if they choose to, how they identify and express their gender.

2. 6. The principles of bias-free policing must be reflected in all employee relationships and in recruitment, cadet field training, and in-service training.

3. Roles and Responsibilities

3. 1. Employee

3. 1. 1. Do not engage in racial profiling. Refer to sec. 1.5.

3. 1. 2. Complete Bias-Free Policing training and provide all police services in accordance with the definition of bias-free policing. Refer to sec. 1.1.

3. 1. 3. Ensure that you are able to articulate the reasons for your actions, as you will be held accountable for those actions.

3. 1. 4. Immediately report all allegations and observed incidents by employees that contravene this policy to your detachment commander / supervisor.

3. 2. Detachment Commander / Supervisor

3. 2. 1. Ensure that employees under your command act in accordance with this policy.

3. 2. 2. Ensure that your direction to your employees complies with this policy.

3. 2. 3. Biased behaviour, intentional or unintentional, requires immediate intervention and/or investigation.

3. 2. 4. For early prevention or intervention, consult with community leaders on issues of mutual concern and continue to establish community partnerships, such as partnerships with community leaders, community consultative groups, and outreach programs.

3. 2. 5. Immediately report all incidents and/or allegations in contravention of bias-free policing to your commanding officer or criminal operations officer. Include the following headings in your report: incident, background, current status, recommendations, and strategic advice.

3. 3. Commanding Officer / Criminal Operations (Cr. Ops.) Officer

3. 3. 1. Ensure that incidents and/or allegations that contravene this policy are reported using the appropriate process (for example, public complaints, RCMP Code of Conduct, human rights complaints, or internal redress procedures such as the harassment and grievance processes).

References

  • Policing a World Within a City: The Race Relations Initiatives of the Toronto Police Service
  • United Nations Code of Conduct For Law Enforcement Officials, Article 1 and 2
  • Brown v. Durham Regional Police Force (1998), 43 O.R. (3d) 223
  • Hum v. RCMP (1986), 8 CHRR D/223 (F.C.A.)
  • R. v. Villatoro (2002) B.C.J. No. 2293 (Prov. Ct.)
  • R. v. Campbell (2005) Q.J. No. 394 (C. of Qbc)
  • R. v. Byfield (2005) O.J. No. 228 (O.C.A.)
  • RCMP Code of Conduct
  • Human Rights Code of Ontario
  • Canadian Human Rights Commission - Complaint FAQ
  • Making a public complaint against an RCMP member

Date Modified: 2020-10-21

Appendix C: Research Bibliography

The research done by the Commission in support of this review focused heavily on racial bias, due to the prevalence of research and sources.

NOTE: It is recognized that many of the same principles apply to other groups and that the application of bias‑free policing principles and practices may help to prevent tragedies, such as the impact of under-policing in the LGBT2SQ+ community in connection with the Bruce McArthur investigation, the treatment of sexual assault victims, and the gender bias and stereotypes that can influence investigative and charging decisions.

Academic Sources

Blalock, Garrick, Jed DeVaro, Stephanie Leventhal & Daniel H. Simon. 2007. "Gender bias in power relationships: evidence from police traffic stops." Applied Economics, Taylor & Francis Journals, 43(29):4469‑4485

Brantingham, P. Jeffrey, Matthew Valasik & George O. Mohler. 2018. "Does Predictive Policing Lead to Biased Arrests? Results From a Randomized Controlled Trial." Statistics and Public Policy, 5:1–6

Correll, Joshua, Sean M. Hudson, Steffanie Guillermo & Debbie S. Ma. 2014. "The Police Officer's Dilemma: A Decade of Research on Racial Bias in the Decision to Shoot." Social and Personality Psychology Compass, 8(5):201–213

Fridell, Lorie A. 2016. "Racial Aspects of Police Shootings: Reducing Both Bias and Counter Bias." Criminology and Public Policy, 15:481–489

Fridell, Lorie A. 2017. "Producing Bias-Free Policing: A Science-Based Approach." In SpringerBriefs in Criminology, Translational Criminology

Fryer, R. G. Jr. 2016, revised 2018. "An Empirical Analysis of Racial Differences in Police Use of Force." National Bureau of Economic Research, Massachusetts. Harvard University, Department of Economics. https://www.nber.org/system/files/working_papers/w22399/w22399.pdf

Greenwald, A. G., D. E. McGhee & J. L. K. Schwartz. 1998. "Measuring individual differences in implicit cognition: The implicit association test." Journal of Personality and Social Psychology, 74,1464–1480.http://dx.doi.org/10.1037/0022-3514.74.6.1464

Greenwald, A. G., T. A. Poehlman, E. L. Uhlmann & M. J. Banaji. 2009. "Understanding and using the implicit association test: III. Meta-analysis of predictive validity." Journal of Personality and Social Psychology, 97, 17–41. doi:10.1037/a0015575

Greenwald, A. G. & M. R. Banaji. 1995. "Implicit social cognition: Attitudes, self-esteem, and stereotypes". Psychological Review, 102, 4–27

Hehman, Eric, Jessica K. Flake & Jimmy Calanchini. 2018. "Disproportionate Use of Force in Policing is Associated with Regional Racial Biases of Residents." Social Psychological and Personality Science, 9(4):393–401

Holroyd, Jules. 2015. "Implicit Racial Bias and the anatomy of institutional racism." Criminal Justice Matters, 101(1):30–32

James, Lois. 2018. "The Stability of Implicit Racial Bias in Police Officers." Police Quarterly, 21(1):30–52

Kahn, Kimberly B. & Jean M. McMahon. 2015. "Shooting Deaths of Unarmed Racial Minorities: Understanding the Role of Racial Stereotypes on Decisions to Shoot." Translational Issues in Psychological Science, 1(4):310–320

Ma, Debbie S. & Joshua Correll. 2011. "Target prototypicality moderates racial bias in the decision to shoot." Journal of Experimental Social Psychology, 47:391–396

Mason, G. & L. Moran. 2019. "Bias crime policing: 'The graveyard shift.'" International Journal for Crime, Justice and Social Democracy 8(2): 1–16. DOI: 10.5204/ijcjsd.v8i2.1137

Mears, Daniel P., Miltonette O. Craig, Eric A. Stewart & Patricia Y. Warren. 2017. "Thinking fast, not slow: How cognitive biases may contribute to racial disparities in the use of force in police-citizen encounters." Journal of Criminal Justice,53:12–24

Meng, Yunliang. 2017. "Profiling minorities: police stop and search practices in Toronto, Canada." Human Geographies, 11(1):5–23

Oliveira, Alessandro & Kristina Murphy. 2015. "Race, Social Identity, and Perceptions of Police Bias." Race and Justice, 5(3):259–277

Perrott, Stephen B. 2018. "Progress towards more culturally and gender-sensitive policing: Perceptions from a Canadian sample of police officers." The Police Journal: Theory, Practice and Principles, 91(3):224–238

Ritchie, Andrea J. & Delores Jones-Brown. 2017. "Policing Race, Gender, and Sex: A Review of Law Enforcement Policies." Women & Criminal Justice, 27(1):21–50

Russell-Brown, Katheryn. 2018. "The academic swoon over implicit racial bias." Du Bois Review: Social Science Research on Race, 15(1):185–193

Sadler, Melody S., Joshua Correll, Bernadette Park & Charles M. Judd. 2012. "The World is Not Black and White: Racial Bias in the Decision to Shoot in a Multiethnic Context." Journal of Social Issues, 68(2):286–313

Schlosser, Michael. 2018. "Scenario-Based Training to Reduce Racially Biased Policing: Understanding Implicit Racial Bias." Law Enforcement Executive Forum, 18(2):16–24

Spencer, Katherine B., Amanda K. Charbonneau & Jack Glaser. 2016. "Implicit Bias and Policing." Social and Personality Psychology Compass, 10(1):50–63

Viljoen, Erna, Juan Bornman, Louise Wiles & Kerstin Tönsing. 2017. "Police officer disability sensitivity training: A systematic review." The Police Journal: Theory, Practice and Principles, 90(2):143–159

Legislation and Reports

Atewologun, Doyin, Tinu Cornish & Fatima Tresh. 2018. "Unconscious bias training: An assessment of the evidence for effectiveness." Equality and Human Rights Commission. The Arndale Centre, Manchester. Research Report 113. https://www.equalityhumanrights.com/sites/default/files/research-report-113-unconcious-bais-training-an-assessment-of-the-evidence-for-effectiveness-pdf.pdf

Canadian Association of Chiefs of Police. Resolutions adopted at the 99th Annual Conference. August 2004, Vancouver, British Columbia. https://www.cacp.ca/resolution.html?asst_id=318

Government of Canada. 1985. Canadian Human Rights Act. https://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html

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