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ARCHIVED - RCMP External Review Committee - Report


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Chair's Message

The RCMP External Review Committee (ERC) is an administrative tribunal that is separate from and independent of the Royal Canadian Mounted Police (RCMP). The ERC is established within the RCMP Act, the same statute that establishes the RCMP itself. This legislation also forms the basis for the Force’s internal employment dispute resolution process. These details are left to the Commissioner of the RCMP to design and outline through Commissioner’s Standing Orders which have the force of subordinate law.

The independent role of the ERC is integrated into the dispute resolution process as a measure for transparency, allowing members of the public to witness that important employment decisions are taken in consideration of developing case law in similar professions and with regard to community standards.

The ERC provides the Commissioner of the RCMP with legally sound recommendations that take into account the realities of a national police force and that meet the expectations of Canadians.

Sincerely,

The original version was signed by

Catherine Ebbs
Chair

March 19, 2012



Section I: Organizational Overview

Raison d’être and Responsibilities

The RCMP External Review Committee (ERC) is an independent and impartial agency that aims to promote fair and equitable labour relations within the RCMP, in accordance with applicable principles of law. To this end, the ERC conducts an independent review of appeals in disciplinary and discharge and demotion matters, as well as categories of grievances that are referred to it pursuant to s. 33 of the RCMP Act and s. 36 of the RCMP Regulations. The ERC reports directly to Parliament through the Minister of Public Safety. The ERC's jurisdiction is restricted to employment and labour matters that relate to regular members and civilian members of the RCMP only. In carrying out its mandate, the ERC ensures that its recommendations are solidly grounded in law and that members of the RCMP are treated in a fair and equitable manner, in keeping with the public interest.

The ERC has one sole member, the Chair, who is appointed by an Order in Council, and is supported by an Executive Director and a small staff. The role of the ERC in the Force's labour/management resolution process is a crucial one. Over the years, the RCMP has made changes in a variety of areas based on recommendations made by the ERC.

As one of two oversight/review bodies over the RCMP, the ERC plays an important role in maintaining public confidence in the RCMP and ensures that it respects the law and human rights.

The ERC is part of Public Safety’s portfolio. Simply put, the ERC’s mandate is the independent and impartial review of grievances as well as appeals that involve the discipline, discharge and demotion of RCMP members. Upon completing its review of a case, the ERC presents findings and recommendations to the Commissioner of the RCMP for a final decision. The Commissioner is not bound by the recommendations of the ERC, but the Commissioner must provide reasons when there is disagreement with the recommendations of the ERC.

Strategic Outcome and Program Activity Architecture (PAA)


Program Activity Architecture
Strategic Outcome
Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.
Program Activity
Independent and impartial case review
Internal Services

Internal Services

In fiscal year 2009-10, the Program Activity ‘Internal Services’ was appended to the ERC’s PAA. As a result of its experience in attempting to meet the reporting requirements, the ERC determined that its uniquely small size made the reporting of this Program Activity particularly inaccurate. The related expenditures could not be reliably apportioned between program activities without an inordinate expenditure of resources on an ongoing basis.

The Treasury Board of Canada Secretariat (TBS) has granted the ERC an exemption from reporting on financial commitments to Internal Services as a separate Program Activity in 2009-10 and 2010-11. The ERC’s circumstances remain largely unchanged, so this report will continue to present information indicating that the ERC has a single, distinct program activity.

Organizational Priorities

Priority 1 Type Strategic Outcome and Program Activity
Continue to deliver on statutory mandate ongoing Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.

Independent and impartial case review.
Status

Why is this a priority?

Contributes to the ERC’s overriding priority to review cases and make sound recommendations to the Commissioner of the RCMP in an expeditious manner.

Plans for meeting the priority

Longer-term strategic planning and streamlining of processes to continue to improve on service delivery.



Priority 2 Type Strategic Outcome
Raise awareness through Outreach ongoing Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.
Status

Why is this a priority?

The educational role the ERC plays contributes in a proactive way to a better understanding of grievance administration and discipline, and discharge and demotion appeals.

Plans for meeting the priority

Providing key stakeholders with information on process, findings and recommendations of the ERC.
Providing training where possible on labour relations.
Engaging the RCMP to further develop its governance framework.



Priority 3 Type Strategic Outcome
Continue to invest in our people ongoing Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.
Status

Why is this a priority?

ERC places a priority on integrating the vision and intent of Public Service Renewal into its day-to-day activities.

Plans for meeting the priority

Providing time and resources towards training and education that enhance existing skills and contribute toward current capacity building, and longer term career objectives of staff.



Priority 4 Type Strategic Outcome
Continue to improve on the corporate management framework and infrastructure ongoing Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.
Status

Why is this a priority?

ERC remains committed to meeting government-wide management and accountability priorities.

Plans for meeting the priority

Stabilizing corporate management framework and infrastructure based on available resources. Continuing to develop MOUs for IM/IT, HR, and transactional financial support.


Risk Analysis

Since about 2003-04, the ERC has struggled with a growing number of outstanding cases and with the demand for increased corporate reporting. Temporary funding was secured in 2006-07 from the Treasury Board Management Reserve to help alleviate its critical backlog of cases. This funding envelope closed in 2011-12. A second amount was secured from the Management Reserve in 2007-08 to address corporate management pressures. This second funding envelope closed at the end of the 2008 calendar year. A third temporary funding envelope was secured starting in 2009-10. It also closed in 2011-12. The challenges related to the volume of pending cases and the time necessary to review them will continue beyond 2012.

The ERC has followed its established operational plans pursuant to its approved funding from the Treasury Board for the consolidation of its office space and limited additional temporary staffing and professional service agreements.

In addition to case reviews, the ERC's workload also includes significant reporting and corporate requirements. Given its small size and budget, the ERC is unable to employ staff with special expertise in the variety of reporting areas required. Therefore the ERC frequently re-assigns operational staff to work on unrelated corporate reports. These added reporting pressures have, at times, contributed to delays in the case review process.

Planning Summary

Financial Resources ($ thousands)


2012-13 2013-14 2014-15
938 938 938

Human Resources (Full-Time Equivalent - FTE)


2012-13 2013-14 2014-15
7 7 7


Strategic Outcome: : Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.
Performance Indicator Target
Proportion of stakeholders who believe that the ERC is independent, impartial and brings transparency in the RCMP grievance and appeal processes. 90%

Planning Summary Table
($ thousands)
Program Activity Forecast
Spending
2011-12
Planned Spending Alignment to
Government of Canada Outcomes
2012-13 2013-14 2014-15
Independent and impartial case review 1,556 938 938 938 Well-managed and
efficient government operations
Total Planned Spending 1,556 938 938 938  

Internal Services expenditures
Internal Services * Forecast
Spending
2011-12
Planned Spending
2012-13 2013-14 2014-15
  0 0 0 0

* The ERC has sought to continue its exemption from reporting separately on Internal Services expenditures.

Expenditure Profile

In the following graph, the black line represents the ERC’s overall expenditure profile. The grey line represents the first Management Reserve funding envelope secured in 2006-07 to address the critical backlog of cases at the ERC, which closed in 2011-12. The broken black line represents the second funding envelope from the Treasury Board Management Reserve secured in 2007-08 to accommodate corporate management pressures, which closed at the end of the 2008 calendar year. The thick black line represents the third temporary funding envelope approved in the 2009-10 fiscal year, which also closed in 2011-12. The dotted black line represents the transfer of funding received from contract policing partners in support of the ERC operations which ended in 2011-12. The ERC has been seeking to secure permanent funding for 2012-13 onwards to accommodate the continuing effort on the part of the ERC to stay current with the rate of cases referred to the ERC and to further reduce the waiting time.

Expenditure Profile - Spending Trend Graph

[text version]

Estimates by Vote

For information on ERC’s organizational appropriations, please see the 2012-13 Main Estimates publication. An electronic version of the Main Estimates is available at http://www.tbs-sct.gc.ca/est-pre/index-eng.asp.