Bill C-38, An Act to Amend the Royal Canadian Mounted Police Act and establish a new civilian review body to replace the existing RCMP Public Complaints Commission

Jun-18-2010 The following is provided by of the Canadian Association of Police Boards (CAPB)

June 15, 2010

Yesterday, Vic Toews, The Minister of Public Safety announced the introduction of legislation to create a new, enhanced independent civilian review and complaints body for the RCMP. The legislation also puts the interim RCMP external investigations policy as announced by the Commissioner of the RCMP in February, into law.

The new independent civilian review and complaints body would replace the existing Commission for Public Complaints Against the RCMP (CPC), and have greater powers than the existing Commission.  The strengthened review and complaints body would:
•    have greater 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
•    be able to conduct policy reviews, conduct joint investigations with other review bodies, share information with other police review bodies, and provide reports to provinces and territories that contract policing services from the RCMP
•    establish 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)
•    allow complainants a greater role in the process where a complaint leads to disciplinary proceedings

In addition, by putting into law the interim RCMP external investigations policy, today’s legislation would ensure increased transparency and accountability of investigations of incidents involving RCMP members.

“Transparency and accountability are essential to maintaining the public trust and support the RCMP relies on to provide effective policing services,” said RCMP Commissioner William Elliott.  “The RCMP strongly supports effective and independent oversight that strengthens public confidence and trust and contributes to the modernization of the Force.”

“We welcome legislation that will enhance and modernize civilian oversight of the RCMP,” said the Honourable Andrew Swan, Minister of Justice and Attorney General for Manitoba. “We rely on the RCMP to provide provincial policing service in Manitoba and strongly support an independent public complaints and investigation process.”
Backgrounder Ensuring the Effective Review of RCMP Civilian Complaints follows:

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 are not 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 good reasons 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.

A copy of the Bill is attached for reference.