IN the MOUNTIES WE TRUST: a Study of Royal Canadian Mounted
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IN THE MOUNTIES WE TRUST: A Study of Royal Canadian Mounted Police Accountability by STEPHEN LORENZ WETTLAUFER A thesis submitted to the Department of Sociology in conformity with the requirements for the degree of Master of Arts Queen’s University Kingston, Ontario, Canada July, 2011 Copyright © Stephen Lorenz Wettlaufer, 2011 Abstract Police and Canadian citizens often clash during protests sometimes resulting in violent outcomes. Due to the nature of those altercations, there are few other events that require oversight more than the way police clash with protesters and there is a history of such oversight resulting in a number of Federal Parliamentary documents, Parliamentary Committee reports Task Force reports, reports arising from Public Interest Hearings of the Commission for Complaints Against the RCMP, and testimony at various hearings and inquiries which have produced particular argumentative discourses. Argumentative discourses that have a great effect on the construction of a civilian oversight agency of the RCMP is the focus of this thesis. This thesis examines how it is that different discourses, as represented by argumentative themes in these reports, intersect with one another in the process of creating a system of accountability for the RCMP. Through the lens of complaints that arise from protest and police clashes one may conclude that the current system of accountability does not adhere to a practice of protecting the most fundamental rights as prescribed by the Canadian Charter of Rights and Freedoms; nor would the currently proposed legislation contained within Bill C‐38 alter the system in a substantial way to allow for such protections. The power dynamic between the Commissioner of the Force and the Commission for Complaints Against the RCMP favours the police force in the current and proposed system. In order for the current political landscape to become a climate favourable toward producing a system of i RCMP accountability that truly protects the rights and freedoms prescribed in the Charter, a significant shift must occur in different organizations, agencies, and individuals who influence the creation of legislation and policy in this nation. This shift must be characterized by an increase in strengthening the commitment of the RCMP to protect the rights and freedoms as prescribed by the Charter rather than its current focus and interest in trying to stem the erosion of public trust and confidence in the Force. ii Acknowledgements I would like to acknowledge the support and my parents, Paula and John for all the help and support they provided me throughout my studies at Queen’s University, I know they have had an informative time reading over my thesis and its various drafts. Without the support of Professor David Murakami Wood I would not have completed this study. His guidance helped my wayward ideas find a dedicated path. Stephanie Cork, regardless of our differences, I must thank you for all the criticisms and insights you provided me, without these I would not have been stimulated to think of some of the ideas I have and would not have analyzed some of my ideas in the light that I have. Finally, thank you to the thesis examiners, and everyone in the department of sociology, fellow graduate students and faculty alike. iii Table of Contents: Abstract i Acknowledgements iii Chapter 1 ‐ Introduction 1 theoretical considerations 3 Chapter 2 ‐ Literature Review 14 civilian oversight 14 current legislative framework 24 Chapter 3 ‐ Methods 30 Chapter 4 ‐ Findings 56 history of the RCMP 57 Marin Report 65 McDonald Report 72 Brown Report 83 discourse analysis 85 Chapter 5 ‐ Conclusion 119 power and ideology 123 practical implications 127 protest literature 132 further considerations 136 References 140 Appendix 1 150 Appendix 2 151 iv Chapter 1 Introduction The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible ‐ Bertrand Russell1 Tension between the rights of Canadian citizens and the police has existed since the confederation of Canada as a Dominion in 1867. Police have the duty to maintain the peace and investigate crime on one hand. On the other hand, the Charter of Rights and Freedoms (1982) provides Canadian citizens with the right to freedom of expression and the freedom of association. When protests occur in this country it is often the case that the duties of officers, such as the Royal Canadian Mounted Police (henceforth RCMP or the Force) and the rights of citizens come into conflict. What should the role of any police officer be during a protest? For the purpose of this thesis it is important to understand that at times in Canadian history the members of the RCMP and protesters have clashed violently but it is not the dynamic interaction of these two groups that is at question. Rather it is the aftermath of such events which is focus of this thesis. Specifically, by examining several case studies of protests where the RCMP have been in charge of security and policing, the thesis examines how complaints against the RCMP and its members have been handled in order to determine whether or not the complaints system allows for equal opportunity for all involved to air their grievances. Through an analysis of the discourses that have arisen through the complaints process, this 1 Russell, Bertrand. (1970) Marriage and Morals. W.W. Norton & Company Inc. New York, NY 1 thesis demystifies the arguments and rationale behind the way in which the complaints system is established and the manner in which complaints are handled within this system. It is only after one has fully understood the system of accountability as a whole that one can take the next step to address policy shortcomings and create a system where justice can be attained through complainants against the RCMP. The thesis builds its argument by focusing on three cases where the Chair of the Commission for Complaints Against the Royal Canadian Mounted Police (henceforth CPC, or the Commission) has initiated public interest hearings the conduct of members of the Force in each instance. Although this thesis will not examine the conduct of individual officers with regard to corruption and misconduct, it is essential to examine the role of the Force and the chain of command during what police would call “public order” situations. Although issues of public order can arise in various ways, this thesis is concerned with those situations that arise from protests. The ability to voice one’s opinion while dissenting from the political norm is one of the fundamental democratic rights protected by the Canadian Charter of Rights and Freedoms. If this fundamental freedom cannot be protected then it would be extremely difficult to protect any other freedoms enshrined in the Charter. Theoretical Considerations 2 Beyond the popular textbook definition of democracy, which can be understood, in it’s most idealistic form, that power rests with the people so that the majority may rule, modern liberal democracy and the intricacies of modern state politics can be extremely complex. Some have argued that rather than direct democracy, a form of democratic elitism is a more expedient form for arriving at sound political decisions. Following the ideas of Gustave Le Bon (1952), who proposed that the masses were a threat to political stability, democratic elitism proposed that those who gain power make decisions by competing with other politicians for people’s votes. Jones, Newburn, and Smith support the notion that expert and accountable elites should manage and maintain a democracy because the complexity of the political process is beyond the realm of most who live within a democracy (1996). Is it even feasible for a genuine, direct democracy to successfully govern the vast differences that are found across such a geographically, culturally, and historically diverse nation like Canada? Baudrillard argues, “[s]ome theorists questioned the possibility of a workable participatory democracy, and referred to the unrepresentable ‘silent majority’” (Jones et al. 1996; citing Baudrillard 1983). As a caveat though, Jones and his colleagues also acknowledge that rather than national democracy, individuals do get involved in issues at the local level, in their workplace, and at the most local level, the family (Jones et al. 1996). If the majorities are silent no more, political dissent may become the norm of the silent majority. One must ask why the vast majorities are silent? Are they apathetic, or do they possess an attitude of distain for politics for good reasons, yet are reluctant to vocalize them? 3 No matter where one stands on the form of democracy, it is clear that protest and political dissent are key mechanisms for a fully functioning democracy. These mechanisms offer crucial insight into democracy’s capacity to become truly participatory and are a sign of discontent among those not‐so‐silent masses. But protest is openly oppositional meaning that the interests of some are pitted against the interests of others (or of the status quo) and protest can lead to conflict. As a result, the opportunity to lodge complaints and seek redress is also central to a fully functioning democracy especially when citizens feel that the forces of law and order have overstepped their mandate. As a result, Jones, Newburn, and Smith argue that, “it is vital to have a thoroughgoing and totally independent police complaints system. Police powers to deprive individuals of their liberty and to use force (Bittner 1974) mean that a full effective complaints mechanism – one that is seen to be effective – is a key part of a system of democratic accountability” (1996: 196). Beyond issues of ensuring the optimal functioning of a democratic system through the revamping of the RCMP complaints system, one could also address these issues from a different sociological paradigm.