ARCHIVED - Commission for Public Complaints Against the RCMP

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SECTION 1 - OVERVIEW

Chair’s Message

The Commission for Public Complaints Against the RCMP has worked diligently this year within the constraints of its statutory mandate to enhance its own effectiveness and credibility. By facilitating greater access to the complaints process, expediting the resolution of complaints, clearing the backlog of review cases and publicizing the results of its reviews of police conduct, the Commission has sought to strengthen both citizen involvement and public confidence in the complaints process. By enhancing its relations with the RCMP and offering constructive guidance in its review reports, the Commission has fostered a spirit of collaboration and contributed to positive changes in RCMP operational policies.

What the Commission can accomplish within its existing legislative mandate, however, is not enough. As I noted in the annual report last year, a complaints-driven model can no longer provide adequate review of a national policing organization whose wide-ranging mandate confers jurisdiction over matters as diverse as traffic tickets, trans-national organized crime and global terrorism. Although it remains true that police conduct is subject to judicial review when policing activities result in criminal charges and public trials, the RCMP is increasingly achieving its objectives through covert operations aimed at preventing or disrupting criminal activities. Such activities are rarely subject to public scrutiny since they remain below the radar of both the criminal courts and the public complaints machinery.

Like the RCMP, the Commission is a creation of Parliament. But unlike the RCMP, the Commission's two-decades-old statutory toolkit has become antiquated as the legislative authority, financial resources and ranks of the RCMP have expanded to keep pace with a changing world. This year the Commission developed and shared draft model legislation for consideration by the Minister of Public Safety, Parliament and the Canadian public.

In February 2007 the Senate Committee on the Anti-terrorism Act issued a report on the review of national security activities in Canada and recommended that the government implement more effective review of the RCMP's national security functions through an review body with powers akin to those enjoyed by the Security Intelligence Review Committee.

Effective policing relies on a supportive public that recognizes and values the role of the police in fostering safe communities. In an era of declining deference to authority and heightened suspicion of police, a better-equipped Commission, with powers more closely aligned with the level of intrusiveness exercised by the RCMP, would go a long way to reassuring the public that Canada's national police force continues to conduct itself in the public interest. Parliament and the Minister of Public Safety can accomplish this by amending the law. Their response must go beyond the narrow issue of national security investigations to address the needs of all Canadians policed by the RCMP.

In the meantime, the Commission will continue to do all that is possible within its existing mandate to make the Commission an increasingly credible and effective review body. The RCMP has undertaken to work with us voluntarily to address public concerns about policing in Canada. Canadians are aware of and are availing themselves of the review process - as evidenced by a 20-percent increase in requests for review - reviews are being completed in record time, and the Commission intends to continue improving its outreach programs to foster a fuller and more representative exercise of citizen rights.

 

Paul E. Kennedy
Chair

 

Management Representation Statement

I submit for tabling in Parliament, the 2006–2007 Departmental Performance Report (DPR) for the Commission for Public Complaints Against the Royal Canadian Mounted Police (CPC).

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006–2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department's approved Strategic Outcome(s) and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information; 
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

 

Paul E. Kennedy
Chair

 

Summary Information

Raison d'être

The CPC is an independent agency.  It is not part of the Royal Canadian Mounted Police (RCMP).  The CPC deals with complaints made by any member of the public concerning the conduct of members of the RCMP in the performance of their policing duties.  Complaints can also be made about the conduct of any other person appointed or employed under the RCMP Act.  Individuals can lodge a complaint even if they are not directly involved in the incident.

The CPC has the authority to make findings and recommendations, but cannot impose discipline or make monetary awards to complainants.

The CPC's Vision and Mission Statements set out why it exists, what it does and how it achieves its objectives:

 

Vision, Mission and Mandate

Vision

Excellence in policing through accountability.

Mission

To provide civilian review of RCMP members' conduct in performing their policing duties, so as to hold the RCMP accountable to the public.

Mandate

The CPC's mandate is set out in Part VII of the Royal Canadian Mounted Police Act and can be summarized as follows:

• to receive complaints from the public about the conduct of RCMP members;
• to conduct reviews when complainants are not satisfied with the RCMP's disposition of their complaints;
• to hold hearings and investigations; and
• to report findings and recommendations.

 

Financial Resources
($000)

2006-2007
Planned Spending	Total Authorities	Actual Spending
6,466	6,881	6,626

 

Human Resources
(FTE)

2006-2007
Planned	Actual	Difference
44	44	0

 

Program Activities and Their Key Expected Results

			2006-2007
Status on Performance			Planned Spending ($000)	Actual Spending ($000)
Strategic Outcome:  Upholding safe communities through the promotion of Canadian values of respect for human and civil rights, multiculturalism and diversity, equality and fairness and respect for the rule of law.
Priority	Program Activity - Expected Result	Performance Status	Planned Spending	Actual Spending
Priority No. 1 Business Realignment	Streamlining operations and, by identifying and taking advantage of efficiencies, ensuring a diverse inventory of core competencies to allow for the evolution of roles and responsibilities.	Met	50	50
Priority No. 2   Business Improvement	Manage our role in and support development of any new legislation stemming from the O'Connor reports. Manage excess file inventory. Improve business planning cycle and strategic plan development.	Met	60	60
Priority No. 3   Outreach	Establish a plan for measuring client satisfaction and attitudes towards civilian review in order to better respond to clients' needs and give the Canadian public and stakeholders an opportunity to influence policy and programs. Promote awareness of the CPC and its mandate in order to provide the broadest scope of service. Develop a high-level, positive profile in the community.	Partially Met	15	0
Priority No. 4   Improved IM/IT management	Comply with TB standards concerning the Management of Information Technology Security (MITS) using a planned approach. Improve delivery of IT services in cooperation with Public Safety Canada. Continue the development of e-Workspace to fulfill obligations under our TB submission and expand usage beyond the original commitments. Identify enhancements to existing IM/IT products or request development of new products and services to facilitate program delivery.	Met	250	250
Priority No. 5 Improved Human Resources management and integration with Business Planning	Create an environment where Human Resources and Business Planning go hand in hand. Create a workplace of choice and meet and champion PSMA requirements.	Met	30	30
Priority No. 6 Kingsclear Investigation	Determine facts and make appropriate recommendations if necessary through investigation into the RCMP investigation of allegations of sexual abuses at the Kingsclear training school in New Brunswick and related RCMP investigation into the conduct of one of its members.	Met	1,500	1,500

 

Departmental Performance

Context and Operating Environment

The Government of Canada is committed to fostering safe and secure communities that reflect the values that are important to Canadians.  These values include a diverse society that promotes linguistic duality and social inclusion.  The CPC's priorities are at the very core of these commitments.  By striving towards its own Strategic Objective of "Upholding safe communities through the promotion of Canadian values of respect for human and civil rights, multiculturalism and diversity, equality and fairness and respect for the rule of law" and pursuing its Vision of "Excellence in policing through accountability" the CPC can enhance in Canada the trust between law enforcement and citizens and create an awareness amongst all citizens that they have a right to complain and that the complaint will be heard and evaluated impartially and fairly for all parties affected.

The CPC's main stakeholder is the Canadian public.  It receives complaints from the public and refers them to the RCMP for investigation as required by the RCMP Act.  It can also review the RCMP's disposition of these complaints if the complainant is not satisfied.  The CPC may initiate complaints, conduct investigations, hold public hearings and make findings and recommendations to the Commissioner of the RCMP.

 

Performance overview

While the number of enquiries and complaints received by the Commission increased slightly this year, the Commission reduced by half the average time it takes to forward complaints to the RCMP from about eight days last year to about four days this year.  In 2006–2007, the Commission responded to 998 general enquiries from the public relating to a wide range of issues including RCMP conduct, child custody disputes, the authority of sheriffs or bailiffs, government social services and crisis hotlines.  The Commission also processed 1,124 public complaints by resolving them informally or forwarding them to the RCMP for investigation.

The Commission received 197 requests for review in 2006–2007, compared with 159 the previous year.  Despite this 24-percent increase in incoming review cases, the Commission managed to clear its sizable backlog and implement a 120-day performance-based service standard for 80 percent of the new cases.

This year, the Commission issued 48 interim reports containing 184 findings, about half of them adverse.  Much of the Commission's contribution to improvements in policing and to public confidence in the RCMP derives from the constructive recommendations contained in these interim reports.  It is here that the Commission exercises a key aspect of its mandate, highlighting problematic issues and proposing remedial measures.

For example, in one report the Commission made a number of recommendations regarding the use of the Taser weapon to ensure that it is only used in more serious incidents.  Similarly, in another case the Commission recommended that police dogs should be classified as an impact weapon so that they will not be used when suspects are merely uncooperative or resistant.

To address public concerns about police investigating police, in November the Chair proposed legislative changes that give the Commission more powers to investigate or determine who should investigate serious incidents involving the RCMP.  As well, the Commission has established a joint CPC/RCMP Independent Observer Pilot Project. 

The purpose of the project is to assess the value of the CPC providing competent, professional and timely observations in regards to the impartiality of RCMP investigations where the actions of RCMP members have resulted in serious injury or death, and for other investigations that are high profile and sensitive in nature.  The CPC Independent Observer is to observe, listen and assess the impartiality of the investigation, but does not provide advice, direct or actively participate in any part of the investigative process.

Upon completion of the assessment, the CPC Independent Observer reports confidentially to the Chair of the Commission the findings with respect to questions of impartiality.  The Chair of the Commission (as appropriate) then reports, confidentially to the RCMP the findings of the CPC Independent Observer.

A redesign of the Commission has added to the organization chart a new business line dedicated to Strategic Policy and Research.  Although the groundwork to establish such a function has been completed, additional resources will have to be sought before the business line can be staffed.  As well, the CPC has identified an additional funding requirement of $11.7M over three years in order for it to carry out ‘Program Integrity Improvement’.  This temporary funding will allow the CPC to confirm the additional funding required and go to Cabinet within that time frame to secure permanent increased funding.  To that end the development of a Business Case has commenced.

Following on the heels of the previous year's efforts to create a healthy and respectful workplace, the Commission conducted a second employee satisfaction survey and held a second staff retreat.

Work has started on the development of a Rewards and Recognition policy and program.

The following tables provide details on the status of priorities articulated in the 2006–2007 Report on Plans and Priorities.

Priority No. 1 – Business Realignment
Description Focus on streamlining operations and, by identifying and taking advantage of efficiencies, ensuring a diverse inventory of core competencies to allow for evolution of roles and responsibilities.	Planned Activities Complete mapping of core business processes. Identify opportunities to conduct business differently and develop an action plan for change. Complete procedure manuals on core business processes. Identify high-level core competencies required in support of core business processes.
Performance indicators Improved client service and satisfaction. Less administrative overhead. Administrative services in support of the business. Recruitment in support of the business.
Status and Results As part of a business realignment activity the Commission transferred responsibility for the “request for review” business process from the Complaints and Community Outreach Unit, at the Surrey Office, to the Reviews and Investigations Unit at HQ. The processes of both units are being tracked and evaluated with a view to improving the capacity for tracking and reporting on the status of investigations and reviews.  This work is being led by the Vice-Chair and is referred to as the “Complaint Tracking Process.” The Commission began identifying new ways to improve service to complainants.  To this end, the Commission introduced new internal business protocols and practices and better methods for coordinating the review of complaints.  More efficient routing of telephone enquiries and improved tracking of case files all contributed to improved service to the public this year. The Commission for Public Complaints Against the RCMP, for the first time since its inception has no backlog of review files.  In order to ensure that the backlog of files does not occur again the CPC has instituted a number of business practices designed to address the systemic problems which have plagued the CPC for years.  The CPC Review and Investigations Unit has implemented a 120-day service standard for new review cases and has achieved its target of completing 80 percent of final or interim reports within 120 days. In order to strategically address recruitment and retention issues the Review and Investigations Unit has developed a strategy which would allow for the implementation of an employee progression program within the unit.  This coupled with revised Review Analyst work descriptions will create greater rigour in the manner in which Review Analyst work progresses and training/development needs are tracked which in turn will allow for seamless advancement opportunities all focused on increasing employee retention and greater job satisfaction. The education and experience level of current staff members has been documented and the results are being integrated into the staffing requirements element of the Human Resources Plan for the Commission.

 

Priority No. 2 – Business Improvement
Description Manage our role in and support development of any new legislation stemming from the O'Connor reports.	Planned Activities Review Justice O'Connor's policy recommendations and develop a strategy. Create business case and TB submission for new mandate.
Manage excess file inventory.	Complete Project 200.
Improve business planning cycle and strategic plan development.	Conduct a strategic planning exercise with new management team. Finalize and fully implement the business planning template recognizing new strategic direction.
Performance indicators Better-situated organization to meet its statutory mandate. Meet Project 200 objectives. A Strategic Plan in place, providing for a more focused and long-term direction for the CPC. Continued timely reporting to Parliament and Central Agencies. A process that allows for full integration of HR, IM/IT and Business Planning.
Status and Results In Justice O'Connor’s report to Parliament in December 2006, he recommended that the existing accountability mechanisms for the RCMP’s national security activities be improved by expanding the powers of the Commission.  In keeping with that recommendation, the Commission has developed a draft legislative model. To further underline its civilian nature and independence from the RCMP, the draft legislative model envisages the introduction of new legislation that would see the current Commission subsumed within a new entity that would be known as the Federal Law Enforcement Review Board. Entitled the Federal Law Enforcement Review Board Act, the proposed model of civilian review of policing seeks to strike a balance between collective security and individual rights.  The proposed legislative model provides for several enhancements to civilian review powers. There were 363 review cases in the Commission's inventory in November 2005.  With the appointment of a new Commission Chair and Vice-Chair in October 2005, eliminating the backlog became a priority and continued to top the Commission's priority list throughout 2006–2007.  In the 14 months between November 1, 2005, and December 31, 2006, the Commission processed about 490 reviews, eliminating its case backlog for the first time in more than 15 years.  By the start of 2007, only 87 files remained in the review inventory.  Twenty-three of these awaited a response from the Commissioner of the RCMP. To ensure that backlogs don't occur again, the Commission implemented a service standard for new review cases and achieved its target of completing 80 percent of final or interim reports within 120 days.  In fact, the average time for completing dropped to just 91 days from the previous five-year average of 527 days. In the ever-evolving environment of policing, the Commission must be able to adapt to change.  In an effort to ensure that the Commission’s work remains relevant and valuable, a Strategic Plan which is reviewed on a regular basis and adjusted as necessary is essential.  A strategic planning session was held in August ‘06.  As a result of that session a Strategic Plan was prepared and as of Nov ‘06 is in implementation.  This plan is not only the foundation of our business, but it also communicates our priorities and objectives.  It provides both the Commission and our stakeholders with a clear view of our direction over the next three to five years.

 

Priority No. 3 – Outreach
Description Establish a plan for measuring client satisfaction and attitudes towards civilian review in order to better respond to clients' needs and give the Canadian public and stakeholders an opportunity to influence policy and programs.	Planned Activities Prepare and plan a strategy for measuring client satisfaction.
Promote awareness of the CPC and its mandate in order to provide the broadest scope of service.	Develop an outreach strategy and implementation plan.
Develop a high-level, positive profile in the community.
Performance indicators Ability to assess the attitude of Canadians and complainants on the effectiveness of services offered by the CPC. Ability to measure Canadians support for the civilian review of RCMP conduct. Increased awareness of the CPC amongst Canadians and other stakeholders. A better understanding of the CPC's mandate amongst Canadians and stakeholders. Continued public support for the CPC's role of providing civilian review of members of the RCMP. Recognition as a leader in civilian review of police conduct.
Status and Results The foregoing planned activities were initiated to some extent in 2006–2007, and as a result of competing priorities were deferred for completion in 2007–2008.  An activity to gather data through appropriate means to measure public confidence in the complaints process has been established in the 2007–2008 Business Plan.  The activity envisages the conduct of surveys to gather information regarding public awareness of and confidence in the overall complaints process.  As a first step the initial survey will provide baseline information on public knowledge of and satisfaction with the CPC.  The Chair and Vice-Chair have met with representatives from diverse communities to gain a deeper understanding of how the Commission can enhance its effectiveness.  In 2006–2007, the Commission launched a plan of action to enhance public awareness of the complaints process in various underrepresented communities and to facilitate access to the public complaints machinery, especially for members of Aboriginal and ethno-cultural communities.  These initiatives included the simplification of the Commission's complaints form and its translation into 12 languages.  The Commission also improved access by adding telecommunications capability for people who are deaf and hard-of-hearing. Another Commission initiative this year was a pilot project with the Office of the Police Complaint Commissioner of British Columbia (OPCC) to determine the feasibility of harmonizing the complaints intake process in British Columbia and to develop a common approach to communications with the public about policing review.

 

Priority No. 4 – Improved IM/IT management
Description Comply with TB standards concerning the Management of Information Technology Security (MITS) using a planned approach.	Planned Activities Implement the MITS and the Threat and Risk Assessment recommendations.
Improve delivery of IT services in cooperation with Public Safety Canada.	Develop and sign an MOA with our IT service provider.
Continue the development of e‑Workspace to fulfill obligations under our TB submission and expand usage beyond the original commitments.	Facilitate the stabilization plan and acquire required HW/SW resources. Clarify and implement all business requirements. Develop and implement the e-Workspace concept.
Identify enhancements to existing IM/IT products or request development of new products and services to facilitate program delivery.	Implement an annual call-letter process to identify and prioritize additional projects/ activities to be carried out by the CPC.
Performance indicators Compliance with government-wide standards so IT assets are secured as part of a proper risk management framework. Improved ability to respond to the CPC's IT needs using a planned and systemic approach. Stabilization of CMASS environment. Increased dependency and usage of CMS for Kingsclear. Increased usage of CMS by CPC employees at large. Development of a planned approach so the work of the CPC may be carried out effectively.
Status and Results In an effort to improve the delivery of IT services a MOA outlining the working arrangements to be put in place for the provision of Information Technology Services was signed with Public Safety Canada.  Implementation of the MOA and related follow-up activities continue. In support to the Kingsclear Investigation, information management activities were undertaken to provide a means of assimilating and analyzing the large volume of relevant material from the RCMP and other sources, a document image management facility with full text searches and retrieval capability has been implemented.  The system enables fast, accurate, comprehensive and flexible access to the digitized information. Also in support to the Kingsclear Investigation, an analysis support system has been custom-designed and implemented which records the interview schedules and the results of the investigative research and interviewing performed by the teams of investigators.  The two systems together enable the analysts and investigators to search for precise, chronological extracts of any and all of the relevant material and associated research and analyses in a highly flexible, easy to use and responsive manner.  The acquisition of video-conferencing facilities in both the Surrey and Ottawa offices at the end of FY 06–07 will enable staff to communicate cost effectively with greater speed and efficiency.  This will facilitate and promote exchanges of information between the Complaints office in Surrey B.C. and the Reviews and Investigations unit in Ottawa. An annual call-letter process to identify and prioritize additional projects/activities to be carried out by the CPC was initiated.  However, this activity went into hiatus because of the vacancy of the CIO position.  With the recent hiring of a replacement this initiative has recommenced.

 

Priority No. 5 – Improved Human Resources management and integration with Business Planning
Description Create an environment where Human Resources and Business Planning go hand in hand.	Planned Activities Capture core "as is" knowledge and skills.  Identify present and future gaps and develop desired state for a phased approach to the enhancements.  Implement new organizational design.
Create a workplace of choice and meet and champion PSMA requirements.	Enhance labour-management relations by monitoring application of staffing and PSEA policies, championing Informal Conflict Resolution and ensuring managers are trained in PSEA activities, staffing, etc.
Performance indicators Complementary personal career development plans for all employees are established as an integral part of the annual performance review process. Departmental knowledge of in-house competencies and expertise. Contingency plans for required non-resident expertise. Workplace-of-choice environment.
Status and Results The Commission’s human resources programs, policies and practices have been realigned to reflect the requirements and values of the Public Service Modernisation Act (PSMA) and other related government-wide objectives. Quarterly reporting to the Public Service Commission is on track and the feedback to date has been positive.  The Commission submitted a PSMA implementation report to the Canada Public Service Agency in September ’06. Work continues on the development of a human resources policy suite and related programs (Public Service Labour Relations Act, Federal Accountability Act, Public Service Employment Act). All employees occupying managerial positions have successfully completed the on-line knowledge assessment regarding delegated financial authorities. The Commission is continuing its participation in a local level union-management forum with the Chair acting as one of the co-chairs of the forum.  At the national level, the Commission participates as a member with a number of small agencies in a union-management forum designed to resolve broader labour-management issues. As part of the Commission’s efforts to provide a work environment where all persons are treated with respect and dignity, employees have received training designed to foster a harassment-free workplace.  As well, work has started on the development of a Rewards and Recognition Program. Work also continues on the development of a strategic human resources plan to accompany the Commission’s new Strategic Plan and on an operational human resources plan to address 2007–2008 and beyond.

 

Priority No. 6 – Kingsclear Investigation
Description Determine facts and make appropriate recommendations, if necessary, through investigation into the RCMP investigation of allegations of sexual abuses at the Kingsclear training school in New Brunswick and the related RCMP investigation into the conduct of one of its members.	Planned Activities Interview witnesses. Research primary and raw data. Analyze materials. Prepare preliminary input to final report.
Performance indicators Progress according to approved plan. Provision of progress reports regularly. Development and delivery of products according to milestones.
Status and Results The Commission initiated a public interest investigation into complaints received relating to RCMP investigations of alleged sexual abuse at the Kingsclear Youth Training Centre in New Brunswick. Commission investigators began interviewing complainants and witnesses in September 2005 and have carefully reviewed all relevant materials provided to date.  Approximately 150 formal interviews have been conducted as the investigation draws to an end. Throughout the course of the investigation regular progress reports were posted on the CPC website.  The Kingsclear pages of the website received 14,654 hits during 2006–2007. After completing its investigation, uncovering and assessing the facts, the Commission is now in a position to finalize its report.  The CPC has tentatively scheduled the release of the report for the fall of 2007 in New Brunswick.

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