FIST ANIMAIR REPOR1 1986-1987

ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW COMMITTEE

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(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

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Canada First Annual Report 1986-1987 Royal Canadian Mounted Police External Review Committee, P.O. Box 1159, Station "B" Ottawa, 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. , 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. pline. In addition, a member who

2 accepts informal discipline would discipline, i.e. loss of regular time have the right to grieve any sanction off, reprimand or severe repri- mand. which he or she feels is unwarranted. Where formal procedures are 9. The Commanding Officer should be the convening authority concerned, and specifically where for formal disciplinary proceed- punishment is at issue, the Commis- ings. sion recommended that: C. As a final major element of the 3. A member under investigation new remedial discipline system, the for a criminal or other serious safeguard- matter should be suspended with Commission addressed the pay or assigned to other duties. ing of the rights of members who are 4. Major and minor service subjected to discipline. In the opinion offences should be replaced by a of the Commission, the discipline code of ethics to be drafted by a system with the greatest likelihood of panel composed of members selected from various ranks within success was one which earns the the Force. respect of those for whom it is admin- 5. Penalties should not include istered. Essential to such a system are imprisonment or incarceration. provisions which demonstrably recog- 6. An appeal could be lodged by nize and protect the rights of mem- either party to a disciplinary pro- bers and ensure their continued confi- ceeding. dence. Finally, the Commission recom- The Commission's approach mended that a member's pension involved many changes in disciplinary should not be subject to reduction for procedure and the involvement of the any reason. Regulations in force at the Federal Police Ombudsman as a time permitted a reduction of up to review authority. Recommendations one-third of a member's pension upon were made to the effect that: discharge from the Force for reasons 10. Where service investigations of discipline. are concerned, a member should B. The Commission recom- no longer be obliged to give a statement or answer questions put mended against a centralized disci- by a service investigator. pline procedure in the hands of Offi- 11. Current service court pro- cers at the disciplinary level or at ceedings should be repealed and a National Headquarters. more informal disciplinary tribunal To achieve a more remedial sys- instituted. tem of discipline, the Commission 12. A member should have the right to be represented at discipli- recommended that: nary hearing by any person of his 7. The administration of the non- or her choice, including civilian punitive options of informal disci- legal counsel. responsibility pline should be the 13. An appeal could be made to of a member's commander, i.e. the Federal Police Ombudsman from Post Commanders to Com- who would review the appeal on manding Officers. the record or, in his discretion, 8. A detachment commander hear such evidence as he deems should be authorized to administer advisable. the punitive options of informal

3 grievor will be protected and that the GRIEVANCE PROCEDURE subject matter of a grievance and its The Commission expressed the view disposition will not appear in the that the grievance procedure had too grievor's personal file. many military features, while at the In general, the Commission same time noting the substantial evo- recommended that the grievance lution of the grievance system in the procedures of the Force should con- Canadian Armed Forces. The Com- tain the means of providing more mission recommended that before the thorough assurances to members than formal procedures of grievance need were available, that those employing be invoked, a number of informal these procedures would not be avenues of complaint resolutions directly or indirectly penalized. should be open to a member. He or The Commission sought to assure she should be entitled to seek the members pursuing a grievance that services of an immediate supervisor respect for their linguistic heritage or to request assistance from either a would be recognized as a matter of Staffing and Personnel Officer or right. To that end, it recommended Division Staff Relations Representa- that provisions be modified so as to tive. The Commission endorsed the indicate that a member has a right to Force's continued preference for the pursue a grievance in either official informal resolution of grievances and language. expressed the belief that this practice The Commission expressed the should be encouraged and strength- belief that it is imperative that a grie- ened wherever possible. vor be given every opportunity to Some members indicated to the document and define a grievance. Commission their belief that a mem- Since grievances are judged on the ber taking advantage of the formal record, the Commission recom- grievance procedure did so at some mended that a grievor be granted risk to his or her career. Given the access to all information relating to fact that the handling of a grievance is the grievance. carried out in a manner which is The Commission recognized that insulated from the scrutiny of mem- grievance procedures place no bers, including the grievor, it is dif- requirement on those ruling or mak- ficult to counteract such suspicions. ing recommendations on a grievance In its study of grievance procedures to give reasons to justify such recom- being used in other organizations, the mendations or decision. However, if a Commission was impressed with grievor is to understand decisions provisions set out in Queen's Regula- taken on a grievance and accept them tions and Orders2 which are intended in good faith, it is imperative that he to ensure that no member of the or she be apprised of the reasons Armed Forces who lodges a grievance which led to the decisions taken. will be either penalized or suffer Therefore, the Commission recom- prejudice as a result. Further provi- mended that: sions assure that the identity of the

4 1. The grievor should be supplied of Division Review Boards required with a copy of any recommenda- that a Commanding Officer appoint tions or decision in respect to the grievance. two officers, and that the third and final member be the Division Staff 2. The grievor should be pro- vided with written reasons for any Relations Representative. The two decision or recommendations officers were to be drawn from the relating to the grievance. administrative and operational Since procedures applicable at branches respectively. The Commis- the time provided for a final review of sion's recommendations sought both the disposition of grievances by the to increase the pool of expertise avail- Commissioner of the Force, the Com- able to Commanding Officers and to mission recommended that this increase the confidence of members important last step should be more in the recommendations such Boards specifically spelled out. To this end, are required to make. Therefore, the Commission made the following recommendations were made which recommendation: would: 3. In the event that a decision is 4. Remove the Division Staff made which is unfavourable to the Relations Representative from grievor, he or she should be service on such Boards. entitled, within 30 days from the 5. Require that members of a date of receipt of the written rea- Division elect a list of nominees sons, to ask that the matter be from which the Commanding Offi- Commissioner; reviewed by the cer would choose Board members and the grievor should be allowed for specific grievances. to make representations in writing to show that the decision is not 6. Reverse the requirement that justified by the reasons. two officers and one non-commis- sioned officer serve on a Board. In formulating its changed proce- 7. Remove the requirement that dures, the Force introduced Division two members of a Board be drawn Review Boards which, at the discre- respectively from the operational tion of Commanding Officers of Divi- and administrative branches of the Force. sions, may review grievances and make recommendations to those offi- The Commission found that the cers. need for a grievance denied by a Com- Recommendations were made manding Officer to pass through three which would entail the convening of a officers3 at Headquarters before Board in any case where a Command- reaching the Commissioner of the ing Officer did not rule favourably on Force was evidence of procedural the grievor's behalf. As well, other duplication, and caused unnecessary recommendations would permit such delay in the processing of a member's Boards access to all information grievance. Unlike the Commanding required and would allow a grievor to Officers and the Commissioner who appear before a Board to tender evi- have general responsibility for mem- dence in support of a grievance. bers under their command, these Provisions effective at the time of other officers are responsible for reporting relating to the constituents specific aspects of the Force. Further-

5 more, these officers are primarily establish a process of assembling and concerned with administrative rather disseminating, on a reasonably regu- than operational matters. While the lar basis, an account of selected griev- Commissioner of the Force is natu- ances and their disposition, and made rally at liberty to seek the advice of recommendations to this effect. anyone in the Force before making a While the Commission did not decision and could, as a matter of believe that the Ombudsman should routine, forward a copy of that deci- be involved in a systematic review sion to the above-mentioned officers, and analysis of grievances within the the Commission recommended that: Force, it did feel that the Force itself 8. If it is not within the Com- should become more sensitive to the manding Officer's purview to rule remedial potential arising out of on a grievance, it should be for- grievances. Accordingly, the Commis- warded, together with the Division Review Board's recommendations, sion recommended that: directly to the Commissioner for a 10. Consideration should be decision. given by the Force to establishing For substantially the same rea- a reporting and recording system for grievances similar to that sons as related in discipline proce- recommended for public com- dure, the Commission's recommenda- plaints. tions contemplated a role for the In assessing procedures, the Federal Police Ombudsman in the Commission addressed two topics of grievance procedure. Specifically, the importance, the matter of group Ombudsman was to review grievances grievances and the matter of griev- denied by the Commissioner and ances beyond the jurisdiction of the would make such recommendations Commissioner. The Commission as he saw fit to the Commissioner of noted that frequently events occur the Force and, in an annual report, to which are thought to be unjust or Parliament. The Commission, there- injurious, the effect of which extends fore, recommended that: beyond the interest of an individual 9. In those cases where the member. Provisions do not specifi- Commissioner has denied a griev- ance, the grievor may request the cally contemplate that, where numer- Federal Police Ombudsman to ous persons have the same interest in review the grievance. one cause or matter, a single griev- While regulations permit any ance may be advanced on behalf of or complaint to be the subject matter of for all those directly concerned. To a grievance, members are often at a remedy this situation, the Commis- loss to determine whether their com- sion recommended that: plaints are of a kind that would be 11. A group of members with a considered legitimate by peers and common cause or complaint superiors alike. The Commission should be allowed to have a single grievance lodged on behalf of the stated it would be in the interest of group. the Force as well as the members to

6 MATTERS INCIDENTAL motions, pensions, personal assess- AND RELATING TO ment, medical treatment, remote THE DISCIPLINE SYSTEM postings, certificates of discharge and native policing. The Commission dealt with a number The text of the Commission's of issues as incidental to discipline. recommendations, together with its These matters, the Commission counterpart in the 1986 RCMP Act, is stated, were related to discipline in a available on request by writing to the far more direct fashion than regula- Executive Director, RCMP External tions or standing orders indicate. Review Committee, P.O. Box 1159, These include: administrative dis- Station "B", Ottawa, Ontario, KIP charge, transfers, bilingualism, pro- 5R2.

7 FOOTNOTES

1. While regulations explicitly state that counselling has no disciplinary connotation, it is regarded by many members as a form of discipline. 2. Canadian Forces Administration Orders 19-32. 3. Officer in Charge, Staff Relations Branch, the Director of Organization and Planning and the Deputy Com- missioner, Administration.

8 2 GOVERNMENT INITIATIVES 1976-1986

then addressed aspects of an Ombuds- he Report of the Commission was T man's jurisdiction, office operation submitted to Warren and reporting requirements. Allmand, Solicitor General of Canada, on January 16,1976. The Committee considered the question of whether the RCMP should In August, 1976, on the direction be included as an organization that of the Prime Minister, a group of Sen- would come under the jurisdiction of ior Officials, known as the Committee the Ombudsman. While the Commit- on the Concept of the Ombudsman, tee noted a special expertise on the was established. part of the Ombudsman or his office The terms of reference provided would be necessary in considering that the Committee was to: police action, it concluded that there (a) examine the concept of the was no reason to exclude the RCMP Ombudsman in terms of the possible from the jurisdiction of the Ombuds- need for its application at the federal man. level of Government, bearing in mind On April 28,1978, the Honour- 1) the role of Parliament and the able Jean-Jacques Biais, Solicitor Gen- individual Member of Parlia- eral of Canada, introduced Bill C-50 ment, (an Act to amend the Royal Canadian 2) the concept of Ministerial Mounted Police Act) in the House of responsibility, Commons.' The Bill received only 3) existing or contemplated first reading. mechanisms for the protection On November 16,1978, the Bill of human rights and the inves- was introduced again as Bill C-19 and tigation and disposition of once more received first reading complaints or grievances per- before the 30th Parliament was dis- taining to administrative solved.2 action or inaction, and On June 22,1981, the Honour- 4 ) such other considerations as able , Solicitor General of may appear to be relevant. Canada, introduced Bill C-69 during (b) define the issues involved the first session of the 32nd Parlia- and the factors to be considered in ment. 3 The Bill again only received the resolution and to make recom- first reading; the session was ter- mendations in a form suitable for minated. consideration by Cabinet. On January 30,1984, the Hon- On July 29,1977, the Chairman ourable Pierre Bussières, on behalf of of the Committee submitted its report the Solicitor General of Canada, intro- to the Prime Minister. The Commit- duced Bill C-13 during the second tee's main recommendation endorsed session of the 32nd Parliamenta On the concept of an Ombudsman; it

9 April 17, 1984, Senator Royce Frith occasions betWeen September 24, (Deputy Leader of the Government) 1985 and December 10, 1985. moved that the Standing Senate Com- On December 12, 1985, the mittee on Legal and Constitutional Legislative Committee's report on Bill Affairs be authorized to examine the C-65 was presented to the House of subject matter of Bill C-13 in advance Commons . 9 of the Bill coming before the Senate. The House considered Bill C-65 The motion was passed. 5 on February 5 and 6, 1986. It was The Honourable Bob Kaplan, read for the third time and passed, on Solicitor General of Canada, when division. '° introducing Bill C-13, before the On February 11, 1986, Bill C-65 Standing Senate Committee on Legal was read for the first time in the Sen- and Constitutional Affairs, made the ate." After debate the Bill received following comment: second reading and was referred to "What is new that is being intro- the Standing Senate Committee on duced at this time is an extraordinary Legal and Constitutional Affairs» The review committee at the top where a Committee considered the Bill on matter, if serious enough, comes to three occasions between February 25 the Commissioner and then goes to an and March 12, 1986. On MarFh 13, external review committee; the Com- the Bill was reported to the Senate missioner retains his responsibility for without amendment.' 3 the management of the Force. That During the debates in the House decision is his, but he may have to live of Commons, review by the Legisla- with an external review committee tive Committee and consideration by that disagrees with him and goes the Senate, Bill C-65, now Statutes of public on the matter." 6 Canada 1986, Chapter 11, received support from all parties. The Committee considered Bill In introducing the Bill on Sep- C-13 on five separate occasions tember 11, 1985, on second reading, between May 8, 1984, and June 13, the Honourable , Solici- 1984. The Bill however again died on tor General of Canada, made the fol- the order paper when Parliament was lowing comments that relate to the dissolved. internal discipline and grievance On June 27, 1985, the Honour- procedures of the Bill: able , on behalf of the "This Committee (External Solicitor General of Canada, intro- Review Committee), in an unprece- duced Bill C-65 during the first ses- dented way, will guarantee the rights sion, 33rd Parliament. 7 of RCMP members themselves and On September 11, 1985, the Hon- will ensure to Parliament and to ourable Perrin Beatty, Solicitor Gen- at large that individual eral of Canada, moved that Bill C-65 members of the Force are dealt with be read for the second time and fairly. This review authority will be referred to a Legislative Committee.' external to the RCMP, independent of The Legislative Committee on it, and will be able to look into cer- Bill C-65 considered the Bill on 11 tain grievance decisions, formal disci-

10 plinary sanctions and discharge and Mr. Svend J. Robinson, during his demotions." 4 ; and introductory remarks associated with "I believe that such an external second reading of Bill C-65 com- review committee is an invaluable mented: mechanism for ensuring to the Com- "I do want to note that the essen- missioner an impartial review of all tial purpose of the Bill is one which issues. Such a committee is extremely we in this party welcome." 7 important because its proceedings Bill C-65 was read for the third and recommendations will be open to time in the Senate on March 13, 1986. scrutiny." 5 On March 26, Bill C-65 received During second reading of Bill C- Royal Assent.' 65, Mr. John Nunziata commented: By proclamation dated December "Bill C-65 is an extremely impor- 18, 1986, Part II (Royal Canadian tant piece of legislation. I would like Mounted External Review Commit- to indicate at the outset that the offi- tee) and Part VI (Royal Canadian cial opposition supports the Bill in Mounted Police Public Complaints principle." 6 Commission) were proclaimed in force. '9

11 10. ilouse of Commons Debates, FOOTNOTES February 6, 1986, p. 10518. 1. House of Commons Debates, April 11. Debates of the Senate, February 28, 1978, p. 4978 11, 1986, p. 1984. 2. House of Commons Debates, 12. Debates of the Senate, February November 16, 1978, p. 1189 13, 1986,p. 2026. 3. House of Commons Debates, June 13. Debates of the Senate, March 13, 22, 1981,p. 10840. 1986, p. 2148. 4. House of Commons Debates, Janu- 14. House of Commons Debates, ary 30, 1984, p. 881. September 11, 1985, p. 6518. 5. Debates of the Senate, April 17, 15. House of Commons Debates, 1984, p. 513. September 11, 1985, p. 6519. 6. Minutes of proceedings of the 16. House of Commons Debates, Standing Senate Committee on Legal September 11, 1985, p. 6520. and Constitutional Affairs, May 8, 17. House of Commons Debates, 1984, Issue 6:9. September 12, 1985, p. 6525. 7. House of Commons Debates, June 18. Debates of the Senate, March 26, 27, 1985, p. 6284. 1986,p. 2258. 8. House of Commons Debates, Sep- 19. SI/87-23, 1987 Canada Gazette, tember 11, 1985,p. 6517. Part II, p. 355. 9. House of Commons Debates, December 12, 1985, p. 9432.

12 3 MANDATE

GENERAL GRIEVANCES

The Royal Canadian Mounted Police The Committee's mandate in relation Act (1986) established the External to grievances and a member's ability Review Committee. The mandate to have his or her grievance reviewed given to the Committee involves the by the Committee depends upon review of certain types of grievances, several factors: discipline, discharge and demotion. (a) Although a member may The Chairman is a full-time mem- grieve a decision, act or omission in ber of the Committee; the Act also the administration of the affairs of the provides for a Vice-Chairman and up Force, if another process for redress to three members on a part-time exists under the Act, regulations or basis. The Chairman is the Chief Commissioner's standing orders, the Executive Officer of the Committee member will have no entitlement to and has supervision over and direc- have his or her case reviewed by the tion of the work and staff. He may Committee; delegate his powers, duties and func- (b) If a decision, act or omis- tions to the Vice-Chairman except the sion is in relation to the appointment power of delegation and the require- by the Commissioner to a position, as ment of reporting to Parliament annu- specified by the Governor-in-Council, ally. "...that reports to the Commissioner The Committee ensures an impar- either directly or through one other tial view of all issues referred for person", then no grievance will lie; review. It must discharge its func- (c) The Governor-in-Council tions and duties impartially and may, pursuant to the Act, prescribe independently of any policy formula- certain types of grievances that are to tion of the Royal Canadian Mounted be referred to the Committee; Police. (d) Even if the grievance is in The Commissioner is not bound relation to a type of grievance that the to act on any findings or recommen- Governor-in-Council has specified dations of the Chairman or the Com- may be forwarded to the Committee, mittee; however, if the Commissioner the member grieving may request the chooses not to follow such recom- Commissioner not refer the griev- mendations or findings, he must ance. The Commissioner will then include in his final decision his rea- have to exercise his discretion sons for not doing so. whether to refer the grievance. The Committee has the authority to establish rules respecting its sit- tings, practices and procedures.

13 DUTIES AND FUNCTIONS OF THE DUTIES AND FUNCTIONS OF THE CHAIRMAN When a grievance is CHAIRMAN AND THE COMMITTEE referred to the Committee, it is first When the appeal on a decision of an reviewed by the Chairman, who may adjudication board is referred to the indicate his agreement with the dis- Committee, the functions, duties and position of the grievance and submit powers of the Chairman and the Com- the issue to the Commissioner for mittee are identical to those provided final decision, and informing the for with respect to grievances with member of that fact. Alternatively the such modifications as the circum- Chairman may indicate his disagree- stances require. ment and his reasons therefor, or he may decide to institute a hearing. If a hearing is ordered, the Chairman DISCHARGE AND DEMOTION assigns a member or members to it and sends a notice in writing to the A ground for discharge and demotion Commissioner and the member. includes the repeated failure to per- form duties in a manner fitted to the DUTIES AND FUNCTIONS OF THE requirements of the position, not- COMMITTEE When the Chairman withstanding that the member has has decided to institute a hearing, the been given reasonable assistance, Committee will serve a notice in guidance and supervision in an writing of the time and place of the attempt to improve the member's hearing. The Committee's power performance. A member may appeal a includes the ability to summon wit- decision of a discharge and demotion nesses, administer oaths, and receive board to the Commissioner of the relevant evidence. Force on any ground. Before the Com- Upon completion of a hearing, missioner considers the appeal, the the Committee prepares a report Act requires that he refer the matter setting out its findings and recom- to the Committee. The member mendations. This report is sent to the appealing may request the Commis- Commissioner and the parties. sioner not to refer the appeal to the Committee. The Commissioner then DISCIPLINE has to exercise his discretion and A member of the Force may appeal a decide whether to refer the appeal to decision of an adjudication board to the Committee. the Commissioner on any ground. DUTIES AND FUNCTIONS OF THE Before the Commissioner considers CHAIRMAN AND THE COMMITTEE the appeal, the Act requires that the When an appeal is launched against a matter be referred to the Committee. decision of the discharge and demo- The member appealing may, however, tion board, the functions, duties and request the Commissioner not to powers of the Chairman and the Com- refer the appeal to the Committee. mittee are identical to those provided The Commissioner must then exercise for with respect to grievances with his discretion and decide whether to such modifications as the circum- refer the appeal to the Committee. stances require.

14 Witnesses summoned to attend a TRAVEL, LIVING EXPENSES, FEES AND ALLOWANCES proceeding before the Committee will be entitled, at the discretion of the Travel and living expenses for a mem- Committee, to receive the fees and ber of the Force, his counsel or repre- allowances as if summoned to attend sentative appearing before the Com- before the Federal Court of Canada. mittee may, at the discretion of the Committee, be reimbursed at the rate fixed by the Treasury Board.

15

4 COMMITTEE'S ACTIVITIES

these Rules of Practice and Procedure GENERAL will be the subject of considerable The Chairman of the Committee was comments and debate which will appointed on January 26,1987 and enable the Committee to meet the assumed responsibility immediately. needs of those with whom it deals. Meetings were held with the Solicitor General of Canada, the Deputy Solicitor General, the Com- ACCOMMODATION missioner of the RCMP and others. A thorough briefing on various Public Works Canada was requested aspects of management of the Force to allocate facilities which would was made possible through the assist- include a hearing room, a secured file ance of the Deputy Commissioner, room, counsel/interview rooms and Administration and his support staff. storage space. In addition, the proposed Regulations Temporary space was allocated in to be enacted in consequence of the the Journal Building, and the Com- amendments to the RCMP Act were mittee is pursuing with Public Works outlined. The assistance provided was Canada the issues of more permanent crucial at the initial stage of the Com- accommodation which would incor- mittee. porate features and characteristics Steps were also taken to draft inherent to a Review Authority deal- Rules of Practice and Procedure ing with sensitive information. which would govern the business of the Committee, pursuant to Section 29 of the Royal Canadian Mounted BUDGET Police Act. A draft set of Rules in two The Committee is seeking adequate alternative formats was ready on personnel and financial resources to March 13 and the proposed Rules fulfill its mandate; to this effect, an were sent on March 17 to the Solicitor operational budget is being prepared General of Canada, the Deputy Solici- for approval by Treasury Board. A tor General, the Commissioner of the capital budget for accommodation is RCMP, the Divisional Representatives, the subject of a separate submission. the Senior Assistant Deputy Solicitor General, Police and Security Branch, and the Deputy Commissioner, Administration. The accompanying letter invited comments and stressed that the preliminary draft was cir- culated simultaneously to all addres- sees for that purpose. It is hoped that

17 as having a conflict of interest by ADMINISTRATIVE SUPPORT SERVICES providing advice and services to both the Committee and the Force. Given the restricted budget and per- While seeking such an adminis- son-years allocation, the Committee trative support arrangement the Com- does not propose to establish its own mittee fully intends to protect the financial, personnel and administra- confidentiality and integrity of docu- tive services. Instead it is intended to ments, files or similar information acquire such specialized services entrusted to it in the course of carry- from outside sources. In this respect, ing out its mandate. This will be preliminary negotiations have already achieved by retaining such materials taken place with other agencies with in a secured location on its premises. mandates compatible with the Com- Likewise, any supporting documents mittee's. received or issued as a result of the The perception of independence Committee's business will be retained is essential to the Committee and in in secured files on the Committee's the process, hence it is its prime con- premises, subject to the normal audit- cern to achieve fiscal and administra- ing practices under the Financial tive independence from organizations Administration Act and regulations. which might be viewed or perceived

18 5 PLANNING FOR THE FUTURE

provisions dealing with grievances, RELATED ACTIVITIES discipline, discharge and demotion The preliminary comments received have yet to be proclaimed. with respect to the Rules of Practice RCMP Regulations pursuant to and Procedure of the Committee are subsection 33(4) of the Act have not sufficiently favorable to suggest that a been finalized and since these Regula- satisfactory balance has been tions will, to a large extent, control achieved, both as to completeness the types of grievances which the and clarity. Issues which continue to Committee may review, these Regula- be the subject of considerable com- tions are of more than passing impor- ment by the general membership of tance and interest to the Committee. the Force include the fees and allow- It is the hope of the Committee that ances to be paid to witnesses appear- the Regulations will be both flexible ing before the Committee; subsection and comprehensive and that members 35(12) of the Act provides for reim- will have the freedom to avail them- bursement of travel and living selves of the facilities offered by the expenses incurred by a member, Committee without undue restric- counsel or representative appearing tion. before the Committee. The subsec- It is obvious that the Committee tion, in providing discretion in this can be a source of support to the regard, has stimulated discussion as Commissioner and the Force; it may to the exercise of such discretion. also foster trust in the decision-mak- Obviously, jurisprudence will develop ing process of the Force. in due course and it is impossible, at The Committee will be keenly this time, to state how such discre- aware of the. parameters set out by tion will be exercised. members of both Houses who The preferred profiles of candi- addressed the issues canvassed by the dates for appointment to the posi- Commission of Inquiry relating to tions of the Vice-Chairman and the Public Complaints, Internal Disci- three members were the subject of pline and Grievance Procedure within discussion with appropriate authori- the Royal Canadian Mounted Police. ties, and it is anticipated that the The "watchman" role granted to the Governor-in-Council will appoint Committee with assessment and those members in the not too distant accountability to Parliament on an future. annual basis assures the indepen- It is likewise anticipated that dence necessary for the Committee to proclamation of other parts of the implement its mandate. The fact that RCMP Act will take place in the near the Committee does not have the future; it is noted that substantive power to reverse administrative deci-

19 sions, leaving to the Commissioner of TRAINING FOR THE MEMBERS the RCMP the full and unfettered OF THE COMMITTEE right to take the final decision is the proper approach to ensure the full It is intended, once all members have and effective command and control of been appointed, to provide in-depth the RCMP by its Commissioner. analysis of the RCMP Act, as The Committee will be guided by amended, as well as the RCMP Regu- the philosophy that it does not seek to lations and Commissioner's standing assign guilt or impose punishment, orders. but rather to educate; for that pur- The members of the Committee pose the decisions of the Committee must have a fundamental working will be made available to members of knowledge of the RCMP Act. Exten- the Force on a regular basis. sive and substantial changes to the While it is impossible to specu- RCMP's grievance, discipline and late on the number of matters which discharge and demotion board pro- will come before the Committee, it is ceedings were brought about by the anticipated that the first few months amendments, and it is these areas that of operation will be extremely active, the Committee must be prepared to challenging and stimulating. address. Meetings have been planned with The members will also be made Provincial authorities and Police familiar with the fundamental princi- Commissions in various contract ples of administrative law which provinces; such meetings should be apply to a tribunal conducting hear- highly instructive to the Committee ings; in this regard, the members will and will provide an opportunity for be examining the Committee's Rules an exchange of views which is abso- of Practice and Procedure. lutely indispensable in a relationship which exists between the Provincial Attorneys General and those members STAFFING OF PERSONNEL of the Force in contract to provinces. Staffing action is proceeding; job The Committee will, in the near descriptions are being prepared for future, brief all Commanding Officers classification, following which com- of the Force and embark upon an petitions will be held. The Committee information process which will hopes to have its primary officers clearly set out the authority of the appointed soon so that the Commit- Committee and its limitations. tee staff will be operational when the remaining provisions of Statutes of Canada, 1986, Chapter 11 are pro- claimed.

20 PREPARATION FOR HEARINGS COMMUNICATION PLAN

Draft Rules of Practice and Procedure It was necessary, at an early stage of have been prepared. The Rules are the Committee's development, to statutory instruments to which the have a communication plan. Since provisions of the Statutoly Instru- section 30 of the RCMP Act requires ments Act apply. The Committee's the Chairman to submit an Annual Rules will be registered and published Report, the Report itself became the in the Canada Gazette. first priority of the overall plan. It is the intent of the Committee to prepare a brochure to be dis- PROVISION FOR COUNSEL tributed to all members of the Force. This brochure will outline the basic Initial consideration has been given to mandate of the Committee and pro- the retention of counsel at several vide other general information con- locations across Canada in order that cerning the conduct of hearings and the Committee will have at its dis- entitlement to witness fees and allow- posal professional legal assistance. ances, travel and living expenses for These counsel would be in a position members, counsel and/or representa- to assist the Committee during its tives appearing before the Committee formal hearings as well as in provid- hearings. ing advice as and when required. The Committee proposes to pub- Once the selection of counsel has lish a circular which will summarize been completed, it is intended to the Chairman's or Committee's find- conduct a training seminar on the ings and recommendations associated RCMP Act, the Regulations, as well as with the cases that are reviewed. the Rules of Practice and Procedure of the Committee.

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6 IMPLEMENTING THE MANDATE

"... the lamp of scrutiny to otherwise myriad problems, and decision-mak- dark places..." (The Honourable Mr. ing is of necessity often made under Justice James Milvain) pressure of time and business. The Committee, on the other hand, must Never in the history of the Force, provide in its review a second sober with the exception of three Commis- thought, keeping in mind all the sions of Inquiry (Wetmore, 1891, ingredients essential to preserving Marin, 1974, McDonald, 1977), has and maintaining the integrity of the there been an institutional review on Force, while ensuring that morale and an ongoing basis of any activity of the the welfare of the members will Force, except at the ministerial level. always be safeguarded. While there were individual applica- The institution of independent tions for relief to the Federal Court of review is by no means a novelty to Canada, members have never been North America, particularly with given the opportunity to take a griev- respect to large corporations in the ance, disciplinary action or other United States. Corporate managers complaint outside the Force as a right have quickly discovered that dealing and without taking substantial per- with bad news in-house is far more sonal financial risk. rewarding than a public hearing of the The creation of the Committee same issues. IBM, for example, guar- therefore provides a challenge and a antees the right of any employee to risk to both the Force and the Com- appeal a supervisor's decision, with- mittee. The challenge to the Force is out fear of retaliation; dozens of other to deal with the Committee with major companies have instituted a openness, sincerity and trust; the formal "ombudsman" system in challenge to the Committee is to which a small group of persons oper- manage its affairs with a sense of ating outside the normal chain of justice, proportion and equity and to command is permanently available to appreciate that the Royal Canadian deal with employee grievances on a Mounted Police has a long and proud confidential basis. Usually, the person history built on tradition, achieve- heading the group has direct access to ment and accomplishment. the President or Chairman of the On the other hand, in every insti- corporation, and the power to bring tution, there exists the potential for about changes in policies in response human error when dealing with per- to grievances. Grievances can mirror sons who, even when proceeding with the health of an organization, and no the greatest degree of care, may find consultant report can duplicate the themselves in both unusual and wealth of information a senior demanding circumstances. Adminis- manager can garner from a thorough trators each day are confronted by evaluation of grievances crossing his

23 desk. In recent interviews, more than trative support will be available to the one chief executive officer has Committee and will be separate from indicated that the "ombudsman" is its adjudicative arm. his own best friend, and that each The Committee also proposes to investigation adds to management's embark upon a modest research pro- knowledge of its operations. This gram, seeking to learn more about kind of upward communication has current management problems of replaced the traditional methods Police Forces both within and outside which were not adequate. Canada. The absence of serious Each day, members of the Force empirical research into the human deal with persons who are accused of aspect of policing makes this project a criminal activities; the Courts impress necessity. Such research should not upon these members the need to preclude looking at management of respect their human dignity, their large corporations, since management rights under common law and the of a large corporation is not dissimilar Charter of Rights and Freedoms; to management of a large Police indeed the Courts will not turn a Force, despite the fact that the objec- blind eye to those members who tives may be different; both deal with breach or violate an accused's rights, the all important human element. To without regard to the crime of which achieve this goal, appropriate finan- that person may stand accused. It is cial support must be made available. therefore natural for a member who Included in the first research has committed an indiscretion or activities of the Committee will be perceives an injustice in the Force transfer of single and married person- which affects him or her to want to be nel, suspension with and without pay, treated with the same dignity, and transfer of members who are married understanding, and to have the same to each other, and other related protection that the Courts enforce issues. Again, such research will with respect to those who are alleged depend on the financial resources to have breached the law. being available to the Committee. The Committee will always seek Research papers will be made to mediate disputes, to be a concilia- available to stimulate discussion with tory force and attempt to project an respect to policy. Parliament, in its image of justice in its dealing with wisdom, has not given the Committee those governing the Force and the a role in the formulation of Force members; thus, the Committee will policy; unlike some Police Commis- seek to achieve the confidence of sions which set and interpret policy, both. The Committee will always therefore, the Committee will not ensure that its capacity to do justice formulate, but merely interpret Force is exercised, and to that end adminis- policies.

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