Ensuring the Effective Review of RCMP Civilian Complaints
The establishment of a new civilian independent review and complaints commission for the RCMP addresses concerns raised by the public, provinces and territories, the Commission for Public Complaints Against the RCMP (CPC), Parliamentary Committees and several major reports, all of which have called for more effective review of the RCMP.
New Powers
The Bill builds upon the existing powers of the CPC, bringing civilian review of the RCMP into line with other modern review bodies. It responds to recommendations made by Justice O’Connor, the Brown Task Force and key stakeholders by establishing a new Commission that will have broad access to RCMP information and enhanced investigative powers, such as the authority to summon, compel and enforce the appearance of persons and to give
evidence and materials for all complaint investigations and hearings.
The new Commission will also be able to conduct policy reviews, conduct joint investigations with other review bodies, share information with other police review bodies (subject to safeguards), and provide reports to provinces and territories that contract policing services from the RCMP. It will also have the authority to appoint civilian observers to assess the impartiality of investigations of serious incidents involving the RCMP when the investigation is being done by the RCMP or another police force.
The new Commission will have access to RCMP information that the Commission deems relevant to the performance of the Commission’s duties and functions, with the exception of Cabinet confidences.
In addition, the complaints process will be more efficient by the establishment of a “no wrong door” policy for complainants (i.e., they may file their complaints with the RCMP, the Commission or a provincial or territorial police complaints body).
The new Commission will not conduct criminal investigations. If during a complaint investigation the Commission uncovers information indicating that a criminal act may have taken place, it would notify the authority responsible for policing in that province or territory. Furthermore, the new Commission would be required to stay or suspend its
complaint-related proceeding if, in the Commission’s opinion, continuing it would prejudice an ongoing criminal investigation, or civil or criminal proceeding.
Member Eligibility requirements
To be eligible to be appointed as member of the new Commission, the candidate must be a Canadian citizen or a permanent resident (in accordance with subsection 2(1) of the Immigration and Refugee Protection Act). Current and former members of the RCMP arenot eligible for appointment.
Commission members will be Governor in Council appointments, appointed for a maximum of five years with the possibility of reappointment.
Public Complaints
An active Commission for Public Complaints Against the RCMP (CPC) complaint
investigation or other proceeding will be transferred to the new Commission and handled
under the new public complaints process.
An individual may file a complaint against the RCMP, including any person appointed or
employed under the authority of the RCMP Act. Complaints can also be made on behalf of
someone directly affected, such as by their legal guardian or by their representative.
A complaint must be made within one year after the time that the conduct is alleged to have
occurred or any longer period if the Commission is of the opinion that there are goodreasons for doing so and it is not contrary to the public interest.
A complaint can be filed with the new Commission, the appropriate provincial police review body or the RCMP. All three authorities will be notified of complaints received.
In cases where a complaint leads to disciplinary proceedings, complainants will be provided with an opportunity to make representations to the RCMP orally or in writing on
the impact the misconduct has had on them personally, and would be notified by the RCMP
of the progress and outcome of those proceedings.
The new Commission will be allocated $10.2M per year ($5.2M existing funding plus $5M on-going per year of new funding).
The additional funding will enable the new Commission to undertake its new activities,
including the appointment of independent observers anywhere in Canada, joint complaint
investigations with other police review bodies, conducting policy reviews of the RCMP
and tailored reporting to provinces and territories.
RCMP external investigations policy
On February 4th, 2010, the Royal Canadian Mounted Police (RCMP) announced an interim External Investigation or Review Policy to ensure independent and impartial investigations of RCMP employees .This legislation also puts that policy into law.
For more information on the policy. Please see:
http://www.rcmp-grc.gc.ca/news-nouvelles/2010/02-04-external-externe-eng.htm
Information:
Media Relations
Public Safety Canada
613-991-0657