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2010-11
Report on Plans and Priorities
Commission for Public Complaints Against the RCMP
The original version was signed by
The Honourable Vic Toews, P.C., Q.C., M.P.
Minister of Public Safety
Table of Contents
Section II: Analysis of Program Activities by Strategic Outcome
Section III: Supplementary Information
Chair's Message
This Report on Plans and Priorities of the Commission for Public Complaints Against the RCMP (CPC) for 2010-2011 provides an overview of our plans for the next fiscal year.
The CPC will be requesting that the temporary funding received in fiscal year 2009-2010 be renewed for the fiscal year 2010-2011.
The plans and priorities detailed in this document are based on the assumption that our request for temporary funding will be approved. Should this strategy prove to be unsuccessful, the CPC's Departmental Performance Report for 2010-2011 will indicate which of our plans and priorities we were able to accomplish with our current A-base funding.
__________________________
Ian McPhail, Q.C.
Interim Chair
Section I – Overview
1.1 Summary Information
Raison d'être: Vision, Mission and Mandate
The Commission for Public Complaints Against the RCMP (CPC) is an independent agency and is not part of the Royal Canadian Mounted Police (RCMP). The Commission's fundamental role is to provide civilian review of the conduct of the RCMP members in carrying out their policing duties, thereby holding the RCMP accountable to the public. This public accountability is not only essential in helping ensure that police officers exercise their considerable authority legally and appropriately but is also a structured response by the government to address a challenging and evolving public safety environment. The CPC has the authority to make findings and recommendations, but cannot impose discipline or make monetary awards to complainants.
Vision
Excellence in policing through accountability.
Mission
To provide civilian review of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public.
Mandate
The mandate of the CPC is set out in Part VII of the RCMP Act and can be summarized as follows:
- to receive complaints from the public about the conduct of RCMP members;1
- to initiate complaints to delve into RCMP conduct when it is in the public interest to do so;
- to conduct reviews when complainants are not satisfied with the RCMP's handling of their complaints;
- to hold hearings and conduct investigations; and
- to report findings and make recommendations.
Strategic Outcome
In order to effectively pursue its mandate, the CPC aims to achieve the following strategic outcome:
RCMP members are held publicly accountable for their conduct in the performance of their duties.
1.2 Planning Summary
| 2010-2011 | 2011-2012 | 2012-2013 |
|---|---|---|
| 5,388 | 5,397 | 5,397 |
The financial resources table above provides a summary of the total approved planned spending for the Commission for Public Complaints Against the RCMP for the next three fiscal years. The CPC will be requesting an additional $2,954 (thousands) in temporary funding for 2010-2011.
| 2010-2011 | 2011-2012 | 2012-2013 |
|---|---|---|
| 40 | 40 | 40 |
The human resources table above provides a summary of the total approved planned human resources for the Commission for Public Complaints Against the RCMP for the next three fiscal years. The funding we are requesting will support an additional 19 FTEs.
| Performance Indicator | Targets |
|---|---|
| Recommendations accepted by the RCMP and have been implemented. | 100% |
| Program Activity | Forecast Spending 2009-2010 ($ Thousands) |
Planned Spending | Alignment to Government of Canada Outcomes | ||
|---|---|---|---|---|---|
| 2010-2011 | 2011-2012 | 2012-2013 | |||
| Civilian review of RCMP members' conduct in the performance of their duties | 5,371 | 3,299 | 3,308 | 3,308 | Social Affairs Safe and Secure Communities |
| Internal Services | 3,362 | 2,089 | 2,089 | 2,089 | |
| Total Planned Spending | 8,733 | 5,388 | 5,397 | 5,397 | |
Contribution of Priorities to Strategic Outcome(s)
| Operational Priorities | Type | Links to Strategic Outcome(s) | Description |
|---|---|---|---|
| Increase public awareness of the role and services of the CPC | Ongoing | SO 1 | Why is this a priority?
Plans for meeting the priority?
|
| Strengthen the complaint and review processes | Ongoing | SO 1 | Why is this a priority?
Plans for meeting the priority?
|
| Improve the relevance of review recommendations and identify complaint trends | Ongoing | SO 1 | Why is this a priority?
Plans for meeting the priority?
|
| Management Priorities | Type | Links to Strategic Outcome(s) | Description |
|---|---|---|---|
| Support management excellence | Ongoing | SO 1 | Why is this a priority?
Plans for meeting the priority?
|
| Maintain a workplace of choice | Ongoing | SO 1 | Why is this a priority?
Plans for meeting the priority?
|
Risk Analysis
In recent years, the world has had to deal with dramatic challenges. While community safety and security issues are not new to our country, the government's focus on and commitment to resolving them has intensified. The current government has made building safer communities one of its key priorities.
The RCMP within Canada plays a key role in building safer communities. The environment in which police discharge their responsibilities has undergone significant change since the creation of the CPC over 20 years ago. The RCMP is unique in that it is one of the very few police services in the world that is present at all three levels of government. While serving as the national police force, it also is the provincial police force in eight provinces and is the municipal police force in over 200 municipalities, some of which have a population base in excess of 400,000 persons. It is also the police force of jurisdiction for over 600 First Nations communities.
Some of the key factors that will influence the direction of the CPC in the next few years were considered in the setting of its priorities and assessing the risks it faces to achieving its objectives. It is important to recognize that these factors are complex and that many are linked.
External Context
The CPC's clients are increasingly diverse in terms of their cultures, beliefs, values, attitudes and language. In addition to cultural diversity, there is also an urban-rural divide characterized by distinctly different beliefs, values and attitudes. It is a challenge for a small organization with offices in the National Capital Region and Surrey, B.C. to influence and understand diverse communities locally and across the country. Notably, there is also a disproportionate number of Aboriginal people involved in the justice system.
The public's expectations are evolving regarding what police oversight should be and what powers bodies should have. It continues to be a challenge to manage and respond to varying and sometimes conflicting expectations. Moreover, provincial policing oversight organizations have differing powers and resource levels than the CPC and, in general, have more up-to-date legislative frameworks. In fact, the RCMP Commissioner, William Elliott, has been very supportive of proposals to enhance the role of independent review of the RCMP maintaining that the more credible the review system is, the more credible the RCMP can be, which is essential to the ability of Canadians to put their trust in his organization.
In addition, external review has generally been restricted to discipline and public complaints. Public concern with the police investigating the police has given rise to calls for external investigations of allegations of serious misconduct that may attract liability. This response also calls into question how to improve the linkages between criminal investigations of police conduct, discipline and public complaint processes.
Policing
Crime and criminals are continuing to grow in sophistication and criminal activity has become more global in nature. Policing technologies and techniques have evolved as well and police are required to interact with an expanding network of police forces worldwide. As well, there is an increasing range of police conduct not subject to review with the advent of new legislation and police practices.
Within the police community, there are varying levels of awareness of diversity issues and varying levels of skill in dealing with them. Certain realities face today's RCMP: a high number of new recruits, a high rate of turnover, a high number of baby boomers retiring, experienced members leaving the force for a variety of reasons, and a lack of resources have resulted in the inadequate mentoring of new members, understaffing of detachments, and morale issues.
Government
Even in times of economic uncertainty, the government's priorities include a continued emphasis on ensuring that the justice system is working effectively and that Canadians are safe. This will continue to present a challenge to the CPC and to the government with respect to finding the right balance between the level of policing and the level of review in terms of both resources and powers.
Other events having an impact on the CPC include the results of the O'Connor Commission's review, the Air India Inquiry and the report of the Task Force on Governance and Cultural Change in the RCMP. The CPC welcomes the policy work that is currently underway at Public Safety Canada regarding an enhanced civilian review mechanism for the RCMP.
Key Risks
In addition to the external context that the CPC operates in, it faces risks that could impact on its ability to achieve its mandate. As part of the planning process, a risk assessment is conducted and appropriate actions to mitigate risks are identified. Risks and related mitigation strategies are also regularly discussed at senior management committee meetings. The CPC has identified a number of risks that have the potential to impede progress made towards the achievement of its strategic outcome and expected results. The primary risks and our efforts to mitigate them include the following:
1. Insufficient funding to complete activities within current mandate
Strategy: The CPC will seek out additional interim funding in order to meet the current demands of its existing mandate. It has prepared a business case for continuation of the interim funding which it had received twice December 2007 (16 months) and April 2009 (12 months). If the funds are not received, the Commission will complete its integrated human resources business plan to manage within its current A-base (40 FTEs from 59 FTEs). Some key impacts include: limiting outreach activities, limiting Chair-initiated complaints, limiting the Independent Observer Program, jeopardizing service standards for processing both complaints and reviews, and limiting resources to conduct trend analysis of the complaints system.
2. Surge of complaints, reviews and/or special investigations
The CPC has no control over its day to day workload. Last year, the number of complaints received increased by 34.5%. The CPC has observed an increase in the level of sophistication and complexity of the issues raised in both the complaints lodged against the RCMP as well as with review cases. The CPC can also not predict the number of serious high profile confrontations between the RCMP and citizens which might warrant a Chair-initiated complaint.
Strategy: Request additional interim funding to allow the CPC to handle any surges in requests for complaints and/or reviews through prioritization and reallocation of resources.
3. The CPC is a micro-agency which faces the same recruitment and retention challenges for highly specialized employees as other government departments. In addition, it faces a number of unique challenges:
- a) A third of its current staff complement is resourced through temporary funding.
- b) The small size of the organization limits opportunities for advancement.
- c) Many positions are "one-deep" requiring the CPC to recruit, train and retain staff with a wide scope of duties and responsibilities.
Strategy: These challenges make recruitment and retention of employees a high risk for the CPC. It continues to take steps to mitigate this risk, namely:
- a) It developed and has maintained an integrated human resources business plan that includes succession planning, student hiring and bridging, competitive processes for terms and indeterminate positions and the creation of pools for its senior review analysts and complaints analysts.
- b) It established a supply arrangement for investigative services to handle additional workload or specialized cases.
- c) It continues to prioritize creating a workplace of choice; it undertakes staff surveys to identify strengths and weaknesses, continues to promote a Pride and Recognition program and established a Code of Conduct for employees.
Expenditure Profile
In order to meet the expected results of its program activities and contribute to its strategic outcome in fiscal year 2010-2011, the CPC plans to spend a total of $8.3M including EBP ($5.4M in ongoing funding and $2.9M in interim funding). In the fall of 2009, the CPC developed a business case to support its request for interim funding to continue the work previously funded and to meet increased workloads. Should this strategy prove to be unsuccessful, the CPC's Departmental Performance Report for 2010-2011 will indicate which of its plans and priorities it was able to accomplish with its current A-base funding.
The chart below illustrates the CPC's financial resources trend from 2005-2006 to 2010-2011 (includes EBP but excludes accommodation charges).
From 2005-2006 to 2007-2008 the CPC received additional funding for the Kingsclear public interest investigation. In the last quarter of fiscal year 2007-2008, the CPC received 16 months of program integrity funding. The program integrity funding was renewed in fiscal year 2009-2010. The program integrity funding allowed the CPC to fulfill its mandate, which could not previously be addressed given its limited ongoing funding. These activities included community outreach, increased resources to meet workload demands, as well as streamlining the complaint and review processes which will continue to be advanced if the CPC receives its interim funding for fiscal year 2010-2011.
Voted and Statutory Items
This table illustrates the way in which Parliament approved CPC resources, and shows the changes in resources derived from supplementary estimates and other authorities.
| Vote # or Statutory Item (S) | Truncated Vote or Statutory Wording | 2009-2010 Main Estimates |
2010-2011 Main Estimates |
|---|---|---|---|
| 70 | Program expenditures | 7,886 | 4,830 |
| (S) | Contributions to employee benefit plans | 847 | 558 |
| Total | 8,733 | 5,388 | |
Section II – Analysis of Program Activities by Strategic Outcome
2.1 Strategic Outcome
RCMP members are held publicly accountable for their conduct in the performance of their duties.
The following section describes the CPC's sole program activity and the result it is trying to achieve, performance indicators and targets. This section also explains the priorities that the CPC has set for 2010-2011 and how it plans to achieve the expected results and presents the financial and non-financial resources it plans to use to achieve results.
2.1.1 Program Activity: Civilian review of RCMP members' conduct in the performance of their duties.
The following graphic outlines the CPC's Program Activity Architecture and the priorities it has set for 2010-2011.
| Human Resources (FTEs) and Planned Spending ($ Thousands) | |||||
|---|---|---|---|---|---|
| 2010-2011 | 2011-2012 | 2012-2013 | |||
| FTEs | Planned Spending | FTEs | Planned Spending | FTEs | Planned Spending |
| 28 | 3,299 | 28 | 3,308 | 28 | 3,308 |
| Program Activity Expected Results | Performance Indicators | Targets |
|---|---|---|
| Improve access to and openness of the public complaint process. | The percentage of complaints received from the public directly by the Commission is increased. | Annual increase of 5% |
Program Activity Summary
The CPC is an independent federal agency established in 1988 to receive and review public complaints about the conduct of RCMP members in a fair and impartial manner. The CPC strives to achieve the above Strategic Outcome with a single program activity: civilian review of RCMP members' conduct in the performance of their duties.
The CPC holds the RCMP accountable to the public by providing, at the request of complainants, an independent review of the RCMP's disposition of complaints and by making recommendations to the RCMP Commissioner. Much of the Commission's work continues to centre on providing direct service to Canadians concerned about the actions of the RCMP.
The CPC responds to the needs of the public by providing a number of options for the processing of any concerns. A member of the public contacting the CPC will normally be provided with same-day access to an experienced analyst who will listen to their concerns, assess what they would like to achieve, and identify an appropriate process that will meet their objectives.
When reviewing a complaint, the CPC does not act as an advocate either for the complainant or for RCMP members. Rather, its role is to conduct an independent inquiry and reach objective conclusions based on the information available. In conducting its review, the CPC considers all relevant information provided by the complainant and the RCMP.
If the Chair is not satisfied with the RCMP's handling of a complaint, the CPC will issue an interim report of its findings and recommendations; after the RCMP Commissioner replies to this interim report, a final report is forwarded to the Minister of Public Safety, to the RCMP Commissioner and to all parties. Alternatively, if the Chair concludes that the RCMP responded adequately to the complainant's concerns, a final report is delivered stating that the RCMP's handling of the complaint was satisfactory.
The Chair also has the authority to hold a public interest hearing to inquire into a complaint. The ability to self-initiate such a review allows the CPC to broaden its scope of review beyond what may have been articulated by individual complainants, leading to the identification of systemic issues that may not otherwise be adequately explored. The Chair reports his findings and any recommendations for action stemming from a Chair-initiated complaint to the Commissioner of the RCMP and to the Minister of Public Safety.
Planning Highlights
In order to achieve the expected result, assuming that it will be successful in obtaining the requested interim funding, the CPC has set the following priorities and plans to undertake the following activities:
1. Increase public awareness of the role and services of the CPC
The CPC will continue its outreach to stakeholders and marginalized populations, such as First Nations, Métis and Inuit communities, newly-arrived immigrants and other under-represented citizens who for cultural, linguistic or literacy-related reasons are less likely to know about or avail themselves of the public complaints process. It also will continue to improve its website to encourage use and ensure its relevance among priority groups. In 2010-2011, the CPC will also continue to enhance its media relations efforts.
2. Strengthen the complaint and review processes
The CPC will endeavour, in the face of increasing workloads levels, to continue to meet its service standards and enhance efficiencies within the complaint and review processes. It plans to continue the successful Independent Observer Program. The CPC will continue to collaborate more closely with the provinces, territories, RCMP and stakeholders regarding common interests.
3. Improve the relevance of review recommendations and identify continuing, emerging and new complaint trends
The CPC is working to identify complaint trends and make recommendations for changes to national policing policy. In 2010-2011, the CPC will continue the Review of the Record Project to understand the nature of and trends within public complaints and police/public interactions and make recommendations for changes in national policing policy, training and behaviours. The CPC will continue to foster greater collaboration among domestic and international police review bodies, governments, academics and stakeholders. The CPC will maintain the tracking of actions taken by the RCMP on its key recommendations.
Benefits for Canadians
Safe and secure communities are a defining characteristic of the Canadian way of life and Canadians are rightly proud of that tradition of community safety and security. Canadians deserve to live in a just society, to have faith in their justice system, and to be protected against violence and criminal acts.
The CPC provides civilian oversight of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public. Its job is to help find and shape a balance between individual rights and collective security.
The Commission makes a significant contribution to protecting citizens by building safer and healthier communities and its work is an essential component of the government's commitment to strengthen the security of Canadians. Canadians must have confidence in their national law enforcement agencies. The CPC's oversight ensures that this confidence, faith and trust is well-placed.
2.1.6 Program Activity: Internal Services
| Financial Resources (($ thousands) | Human Resources (FTEs) | |||||
|---|---|---|---|---|---|---|
| 2010-2011 | 2011-2012 | 2012-2013 | 2010-2011 | 2011-2012 | 2012-2013 | |
| 2,089 | 2,089 | 2,089 | 12 | 12 | 12 | |
Internal Services
Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Material Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.
The CPC must comply with the same central agency expectations and requirements (comptrollership, management and accountability systems, security, etc.) as do medium and larger departments that enjoy substantial specialized resources in the fields of planning, IT, human and financial resources, and evaluation. The compelling responsibilities require the CPC to identify, train and retain corporate staff with a wide scope of duties and responsibilities. This takes a heavy toll on human and financial resources. The CPC has set the following priority for internal services:
SUPPORT MANAGEMENT EXCELLENCE AND MAINTAIN A WORKPLACE OF CHOICE
The CPC will continue to ensure that a modern human resources management regime is in place and will support effective labour-management relations that provide opportunities for professional and leadership development. The CPC, guided by the MAF assessment, will continue to enhance and improve its management practices in order to achieve management excellence.
Section III – Supplementary Information
3.1 Other Items of Interest
1 Note: The term "members" as used in this document includes all persons appointed under the RCMP Act, i.e. both regular and civilian members of the RCMP.