ARCHIVED - Commission for Public Complaints Against the RCMP - Report
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2011-12
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
Section IV - Other Items of Interest
Chair's Message
This Report on Plans and Priorities of the Commission for Public Complaints Against the RCMP (CPC) for 2011–2012 provides an overview of our plans for the next fiscal year. The CPC provides civilian oversight of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public. 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.
In January 2010, I was privileged to take on the responsibility of Interim Chair of the CPC. My motivation for accepting the position was based on being asked to play a role in helping a key organization transition to a new mandate which I believe is as important to the Royal Canadian Mounted Police as it is to the Canadian public. The creation of a new oversight regime was announced in Budget 2010 and the proposed legislation is currently before Parliament.
As Interim Chair, I am optimistic that a strengthened oversight mandate will indeed address what RCMP Commissioner Elliott has referred to as a "credibility challenge." We understand that the public's expectation of accountability from their public institutions, and particularly from their police forces, has evolved, and the bar has been raised significantly.
If its new mandate with additional funding is not in place by April 2011, the CPC will be seeking the renewal of the temporary funding received in fiscal year 2010–2011. The plans and priorities detailed in this document are based on the assumption that temporary funding will be provided. Should this strategy prove to be unsuccessful, the CPC's Departmental Performance Report for 2011–2012 will indicate which of our plans and priorities we were able to accomplish with the allotted funds.
Ian McPhail, Q.C.
Interim Chair
Section I - Overview
Summary Information
Raison d'être: Vision, Mission and Mandate
The Commission for Public Complaints Against the RCMP (CPC) is an independent agency created by Parliament in 1988 and is not part of the Royal Canadian Mounted Police (RCMP). The CPC'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. The CPC ensures that complaints about the conduct of RCMP members are examined fairly and impartially. Its findings and recommendations help identify, correct and prevent the recurrence of policing problems caused by the conduct of specific RCMP members or by deficiencies in RCMP policies or practices. The CPC has the authority to make findings and recommendations, but cannot impose discipline or make monetary awards to complainants. The CPC's headquarters are in Ottawa, Ontario and its National Intake Office is located in Surrey, British Columbia.
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.
Strategic Outcome and Program Activity Architecture (PAA)
The following graphic outlines the CPC's Program Activity Architecture and the priorities it has set for 2011–2012.
Planning Summary
| 2011–12 | 2012–13 | 2013–14 |
|---|---|---|
| 5,412 | 5,412 | 5,412 |
Should the new mandate not be in place by April 2011, the CPC will be seeking the same amount of interim funding (approximately $3M) as received over the last three fiscal years to continue to fulfill its existing mandate.
| 2011–12 | 2012–13 | 2013–14 |
|---|---|---|
| 40 | 40 | 40 |
Should interim funding for the current mandate be renewed (in the absence of a new mandate by April 2011), the CPC plans to have an additional 19 FTEs in 2011-2012 as per the plans in the previous fiscal year 2010-11.
| Performance Indicator | Target |
|---|---|
| Recommendations accepted by the RCMP and have been implemented. | 100% |
| Program Activity | Forecast Spending 2010–11 ($ Thousands) |
Planned Spending | Alignment to Government of Canada Outcomes | ||
|---|---|---|---|---|---|
| 2011–12 | 2012–13 | 2013–14 | |||
| Civilian review of RCMP members' conduct in the performance of their duties | 4,447 | 2,977 | 2,977 | 2,977 | Social Affairs Safe and Secure Communities |
| Internal Services | 3,638 | 2,435 | 2,435 | 2,435 | |
| Total Planned Spending | 8,085 | 5,412 | 5,412 | 5,412 | |
| Operational Priorities | Type | Links to Strategic Outcome | Description |
|---|---|---|---|
| Increase public awareness of the role and services of the CPC | On-going | SO 1 |
Why is this a priority?
Plans for meeting the priority
|
| Strengthen the complaint and review processes | On-going |
Why is this a priority?
Plans for meeting the priority
|
|
| Improve the relevance of review recommendations and identify complaint trends | On-going | SO 1 |
Why is this a priority?
Plans for meeting the priority
|
| Management Priorities | Type | Links to Strategic Outcome(s) | Description |
|---|---|---|---|
| Facilitate the creation of a new review mechanism for the RCMP | New | SO 1 |
Why is this a priority?
Plans for meeting the priority
|
| Support management excellence and enhance a workplace of choice | On-going | SO 1 |
Why is this a priority?
Plans for meeting the priority
|
Risk Analysis
In order to foster an organizational culture that supports risk-informed decision-making, focuses on results, and enables the consideration of both opportunity and innovation; the CPC, as part of its annual planning process, conducts a risk assessment and identifies appropriate actions to mitigate any identified risks. Risks and related mitigation strategies are also regularly discussed at senior executive committee meetings. In setting its plans and priorities, the CPC considered key factors that could influence its direction in the next few years. In addition to the external context that the CPC operates in, it faces risks that could impact on its ability to achieve the results it is working towards. The CPC has focused on the implementation of effective risk management practices. It has identified and assessed a number of risks that have the potential to impede progress and developed mitigation strategies to address them.
External Context
All public institutions, including the police, must continue to adapt to a population that is becoming exceedingly diverse. The CPC's clients are increasingly so in terms of their cultures, beliefs, values, attitudes and languages. A report from Statistics Canada2 predicts that by 2031, about one-third of Canadians will belong to a visible minority group. The evolving nature of Canadian society will require all agencies to ensure that services continue to be tailored to client needs.
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.
Uncertainty of Transition to New Mandate
The Minister of Public Safety tabled Bill C-38, An Act to Amend the Royal Canadian Mounted Police Act, in the House of Commons on June 14, 2010. There is a risk that the new regime will fall short of public expectations of independent and transparent oversight. There is also a risk that the CPC will not have the capacity to immediately assume its new responsibilities. In addition, there is a risk that key stakeholders and staff will have difficulty making the shift to the new model.
In an effort to support improvements to Bill C-38, the CPC has provided Public Safety Canada with proposed amendments to enhance the operational effectiveness of the new Commission.
Insufficient Funding
There is a risk that the new mandate with appropriate funding will not be in place by April 2011 and that the CPC will not receive its renewed interim funding which is needed to continue to fulfill its existing mandate and to bridge the gap to the creation of the new organization. Without additional temporary funding, the CPC will face a capacity gap, which will place it in the position of not being able to meet public expectations for effective oversight of the RCMP or fulfill its role as steward of the overall complaints system. The CPC would have difficulty maintaining its service standards for the timely and thorough review of complaints, and would have to strictly limit its community outreach, straining carefully built relations with key stakeholders. Key accountability projects such as the Review of the Record would cease. The CPC has been working with Public Safety Canada and Treasury Board Secretariat to address this risk.
RCMP Implementation of CPC's Recommendations
As the CPC's recommendations to the RCMP are not binding, there is a risk that key recommendations will not be implemented. To mitigate this risk, the CPC has increased its systematic tracking of recommendations made to the RCMP and created a “Recommendations Awaiting Implementation” section on its website.
Responding to Major Policing Events
The CPC has no control over serious incidents between the RCMP and the public. Such events impact on workloads across the CPC and have the potential to negatively impact the achievement of service standards. As well, the CPC may not have sufficient financial or human resources to respond to such events. Through the use of supply arrangements for specialized investigators and the tracking of workloads within the CPC, and where needed, the reallocation of staff, the CPC has the capacity to undertake important high profile investigations.
Recruitment and Retention of Key Staff
Like all small agencies, the CPC faces the risk of not having the necessary human resources, due to retention and recruitment challenges. To mitigate this risk, the CPC has made it a priority to maintain an effective integrated business and human resources plan and has developed policies to maintain a workplace of choice. The integrated plan sets out human resource priorities to strengthen leadership and to address organizational changes and recruitment/staffing pressures.
Expenditure Profile
Since the last quarter of fiscal year 2007-08, the CPC has received interim funding (approximately $3M) to fulfill its current mandate. Through the fall of 2010, the CPC has been working with Public Safety Canada and Treasury Board Secretariat to assess funding options should its new mandate not be in place by April 2011. Should this strategy prove to be unsuccessful, the CPC's Departmental Performance Report for 2011–2012 will indicate which of its plans and priorities it was able to accomplish with its current A-base funding.
The chart below illustrates the CPC's financial resources trend from 2007–2008 to 2013–2014 (includes EBP but excludes accommodation charges).
Estimates by Vote
For information on our organizational votes and/or statutory expenditures, please see the 2011–12 Main Estimates publication. An electronic version of the Main Estimates is available on http://www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/toc-tdm-eng.asp.
Section II - Analysis of Program Activities by Strategic Outcome
Strategic Outcome
RCMP members are held publicly accountable for their conduct in the performance of their duties.
The following section describes the CPC's sole program activity and the result it is trying to achieve, performance indicators and targets. This section also explains the priorities that the CPC has set for 2011–2012 and how it plans to achieve the expected result. As well, it presents the financial and non-financial resources it plans to use to achieve results.
Program Activity: Civilian review of RCMP members' conduct in the performance of their duties
| Human Resources (FTEs) and Planned Spending ($ millions) | |||||
|---|---|---|---|---|---|
| 2011–12 | 2012–13 | 2013–14 | |||
| FTEs | Planned Spending | FTEs | Planned Spending | FTEs | Planned Spending |
| 28 | 2,977 | 28 | 2,977 | 28 | 2,977 |
| Program Activity Expected Result |
Performance Indicator | Target |
|---|---|---|
| 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 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.
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 the other 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, 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 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 will consolidate outreach efforts with municipality associations, the mental health community, the ethnic media and the academic community. Liaison with the RCMP and other policing stakeholders will be enhanced.
2. Strengthen the complaint and review processes
The CPC will endeavour, in the face of increased workloads levels, to continue to meet its service standards and enhance efficiencies within the complaint and review processes. It will continue to track actions taken by the RCMP on key recommendations. It plans to implement a new Business Process Management Solution in order to capture all relevant information into one database. As well, 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 will undertake research projects designed to understand the nature of and trends within public complaints and police/public interactions. It will make recommendations for changes in national policing policy, training and behaviours based in identified trends in policing. The CPC will continue to foster greater collaboration among domestic and international police review bodies, governments, academics and stakeholders.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 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, who must have confidence in their national law enforcement agencies. The CPC's oversight ensures that this confidence, faith and trust is well-placed.
Program Activity: Internal Services
| Financial Resources ($ millions) | Human Resources (FTEs) | |||||
|---|---|---|---|---|---|---|
| 2011–12 | 2012–13 | 2013–14 | 2011–12 | 2012–13 | 2013–14 | |
| 2,435 | 2,435 | 2,435 | 12 | 12 | 12 | |
Program Activity Summary
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.
Planning Highlights
The CPC has set the following priority for internal services:
1. Facilitate the Creation of a New Review Mechanism for the RCMP
The CPC is uniquely positioned to bring the public's perspective to critical policing issues. The stronger and more credible the independent oversight and review of the RCMP is, the more credible the Force will be. The CPC will continue to provide advice to the government on the creation of a new independent review and complaints commission for the RCMP. It is also developing a change management plan to transition to a new mandate.
2. Support Management Excellence and Enhance A Workplace Of Choice
The CPC will continue to ensure that a modern human resources management regime is in place, will support effective labour-management relations, and will provide opportunities for professional and leadership development to its employees. The CPC will continue integrated business and human resources planning in order to ensure that resources are available to support its business objectives. The CPC, guided by the MAF expectations, will continue to enhance and improve its management practices in order to achieve management excellence.
Section III – Supplementary Information
Financial Highlights
The CPC's Future-oriented Financial Statements are available at http://www.cpc-cpp.gc.ca/prr/dpr/financ1011-eng.aspx.
Future-oriented Condensed Statement of Operations
For the Year (Ended March 31)
| Future-oriented 2011–12 |
Future-oriented 2010–11 |
|
|---|---|---|
| Expenses | 6,059 | N/A |
| Total Expenses | 6,059 | N/A |
| Revenues | 12 | N/A |
| Total Revenues | 12 | N/A |
| Net Cost of Operations | 6,047 | *CPC did not produce a future-oriented statement for 2010-11 |
Section IV - Other Items of Interest
Contacts for Further Information and Web Site:
You can find the CPC on the Internet at www.cpc-cpp.gc.ca.
To contact us by e-mail:
Complaints complaints@cpc-cpp.gc.ca
Reviews reviews@cpc-cpp.gc.ca
General inquiries org@cpc-cpp.gc.ca
Telephone:
From anywhere in Canada: 1-800-665-6878
TTY: 1-866-432-5837
Legislation
The CPC shares responsibility with the RCMP for carrying out the provisions of Part VII, Royal Canadian Mounted Police Act (R.S.C. 1985, c. R-10, Part VII).
In addition, the CPC reports to Parliament on Parts VI and VII of the Royal Canadian Mounted Police Act (R.S.C. 1985, c. R-10, Part VI, Part VII).
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.
2. Projections of the Diversity of the Canadian Population, 2006 to 2031, Statistics Canada, March 9, 2010.