FIST ANIMAIR REPOR1 1986-1987 ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW COMMITTEE Canacrâ 1 'h is c 0\ o' • °-%).it \le' • keAlp -, be' 1.1),,r, ,■^3 Will „ ,, 14e14 of' iffr ......do,,idia2swe -eier'ukee1%ec‘-'ecie,-,to her:s ri „s i F . en),(1,' Pie% of ,rycjii, _i'' , k -tea' ‘,4 izirly :,-e t/kre,i149,4e.rit -, •5- of ti2,ït ' the . Q. e pot, eki to 1/2c/rvichiei „ • e rc.' • Oe% With ‘.e• "Ihe main feature of these ,,«ievances, discipline and dischalge procedures is the appeal mechanism, and particularly the creation of an external review coin mittee." o e e. cp c,0 • e, •, num..), of the proposals contained in the Bill are based on the recommendations made by the (Marin) Commission . ." "The report's recommendations are characterized by a remedial approach which seeks to ensure that the rights of citizens and members of the Force are clearly respected." .4 4,,z6e »erioa, 0 dt, zi'6ieb -ftimezo, "eehc,„e ae.Apo ee/s telib i6e71ee»ertPate, s teelieelQ ceezere.s. ezee / PicEs te e cicgeb.ei `o‘ve 13.eteesi %-00-obetssie00. e 0...r.:es clboit 'feds teat is bestit of to abeaSieefe* tile vietvs e best to 0-ye et'cl coel thisrereseets tbe those Job° governserve." tobo those <izr,ere 4 v'e -ez,„ , e eec ".4-ete- ec 4 4 -e.> • • ">e,- -'o 6.« 4?-> • or; •74. e dvsINISTRY j 7 ; (Remarks made by Members 1 of the liouse of Commons.) I BiBuio—.- fif:- C: :.) = A. F Rs ANNUAL REPORI ROYAL GAIN__ NTED m 0 UT POLICE xTERNAL virav cOMMITTEE Copyright of Proper authorizationthis document does not belong to the a must intended use. be obtained from Croien. the author for Less droits I crarif.,-- -' t Canada First Annual Report 1986-1987 Royal Canadian Mounted Police External Review Committee, P.O. Box 1159, Station "B" Ottawa, Ontario KIP 5R2 Catalogue Number JS74-1/1987 ISBN 0-662-55227-X M e4' tf' Royal Canadian Mounted Police ozto, Comité externe d'examen de la External Review Committee eke Gendarmerie royale du Canada CANADA Chairman Président June 12, 1987 The Hon. James Kelleher, P.C., Q.C. SOlicitor General of Canada 340 Laurier Avenue West Sir Wilfrid Laurier Bldg. Ottawa, Ontario KIA OP8 Mr. Minister: Pursuant to Section 30 of the Royal Canadian Mounted Police Act, I hereby transmit to you the Annual Report of the Royal Canadian Mounted Police External Review Committee for fiscal year 1986-87 for transmission to Parliament. Faithfully yours, •.N René J. Marin P.O. Box 1159, Station 'B' Casier postal 1159, succursale 'B' Ottawa, Ontario K1P 5R2 Ottawa (Ontario) K1P 5R2 TABLE OF CONTENTS Foreword PART I Retrospective The Principles of Change 1 (1974-1976) The Concept of the Federal Police Ombudsman 2 Discipline Procedure 2 Grievance Procedure 4 Matters Incidental and Relating to the Discipline System 7 PART II Government 9 Initiatives 1976-1986 PART III Mandate General 13 Grievances 13 Discipline 14 Discharge and Demotion 14 Travel, Living Expenses, Fees and Allowances 15 PART IV Committee's General 17 Activities Accommodation 17 Budget 17 Administrative Support Services 18 PART V Planning for Related Activities 19 the Future Training for the Members of the Committee 20 Staffing of Personnel 20 Preparation for Hearings 21 Provision for Counsel 21 Communication Plan 21 PART VI Implementing 23 the Mandate FOREWORD Reporting to Parliament, when the period under review is but a few months, is challenging; the activities were limited. It is, however, an opportu- nity, seldom given, except within the confines of a decision to trace the steps leading to the creation of the External Review Committee and the amend- ments to the Royal Canadian Mounted Police Act. In 1974 a Commission of Inquiry relating to Public Complaints, Internal Discipline and Griev- ance Procedure within the Royal Canadian Mounted Police was established. The ensuing Report, the debate over the concept of an Ombudsman, and Government Initiatives between 1976 and 1986 are documented in this Report for the benefit of the reader, along with the duties and powers of the Committee. This background may well assist in understanding the Act. The necessity of using the first Report for that purpose may be debated, but the merits of having documented under one cover the steps leading to the 1986 legislation may be appreciated by those who come before the Committee, and those students of history who wish to better understand not only how and why it was established, but also why it has some powers but not others. A debt of gratitude is owed to the personnel for their competence and dedication. 1 RETROSPECTIVE (19 74- 1 976) A second principle, no less n June 6,1974, a Commission of O important than the first, was the Com- Inquiry relating to Public Complaints, mission's desire to ensure more equi- Internal Discipline and Grievance table treatment for members of the Procedure within the Royal Canadian public and members of the Force than Mounted Police was established. current procedures allow. It was The Commission met privately with recommended that members' rights all provincial Attorneys-General to be better protected. discuss matters relating to its man- A third principle the Commission date. Public and private hearings were adopted was one which sought to held throughout Canada; formal sub- ensure that the Commissioner, senior missions were received, and formal management and individual members and informal discussions were held of the Force retain personal responsi- with members of the RCMP across bility for the exercise of their author- Canada. The Commission's findings ity. In making its recommendations, were based on information and the Commission sought to ensure that research both in Canada and abroad. new procedures would not impair the command function or disrupt the organization of the Force. While some recommendations were introduced whose effects would reorganize the THE PRINCIPLES OF CHANGE authority and responsibilities of cer- tain levels of command to avoid In its report, the Commission empha- duplication, others were made to sized the general principle that the allow for an external review and anal- internal discipline and grievance ysis function. No attempt was made procedures must have, and be seen to to change or disrupt the channels of have, genuinely remedial objectives. accountability which currently exist That is, they should emphasize the within the Force and between the positive aspects of corrective action Force and the Government. and encourage the use of other than Finally, the Commission saw the punitive action to achieve better con- need to provide for an authority duct and job performance by mem- independent of the Force who would bers. As well, remedial procedures serve the public as a visible agent of are characterized by a capability for police accoimtability. To this end, the the quick identification of problems, Commission recommended the estab- their accurate analysis and a capabil- lishment of an authority to be known ity for self-corrective response. as the Federal Police Ombudsman. 3. The Ombudsman should be THE CONCEPT OF THE appointed for a fixed term. FEDERAL POLICE OMBUDSMAN 4. The Ombudsman should have The recommendation supported the all the authority vested in a Com- missioner appointed pursuant to principle that a Commissioner must the provisions of the Inquiries Act. con- retain the responsibility for the 5. The Ombudsman should trol and management of the Force. report to Parliament at least annu- The Commission, however, recog- ally but should be authorized to report at any time and to publish nized the need to reassure its mem- any report, if he deems it to be in bers and members of the public that the public interest. the Force is fairly and efficiently ful- filling its responsibility. The review- DISCIPLINE PROCEDURE ing action of the Federal Police Ombudsman would serve as a visible The Commission found fault with the and equity. guarantor of fairness discipline system and recommended a The Commission stressed that its new system. The Commission recommendations were not based on aclmowledged that the system in widespread evidence of abuse or place had worthwhile objectives but neglect but rather on a desire to fos- was not sufficiently flexible to lead ter continued confidence in a Force the Force into the 1980's. seen both within and outside Canada A. The Commission recom- as a symbol of integrity, honesty and mended that: justice. 1. When disciplinary action is In recommending the appoint- necessary, an approach which ment of a Federal Police Ombudsman, seeks to correct and educate a member should replace one that the Commission considered the size seeks to assign blame and impose and geographic distribution of the punishment. Force, the multiplicity of its duties as 2. Counsellingl, cautioning and federal, provincial and municipal warnings should be abolished and an police, as well informal (non-recorded) oral as the nature and visi- admonition procedure and other bility of its contact with the public, non-punitive measures substituted and a need for the services of an in their stead. ombudsman specializing in the affairs The Commission proposed provi- of the Force. sions of discipline constituting The Commission recommended "informal discipline". A member who that: feels that such discipline is unwar- 1. An independent authority, to ranted should be entitled to refuse it be known as the Federal Police and seek a formal disciplinary hear- Ombudsman, should be estab- ing. In such cases, and lished by the Parliament of upon convic- Canada. tion, the punishment meted out by 2. A person should be appointed the disciplinary tribunal would not to the office of the Ombudsman by exceed that available were the mem- the Governor-in-Council on the ber to have chosen informal disci- address of the House of Com- mons.