Parliamentary Committee Notes: RCMP Accountability

Proposed Response:

• As an important part of its culture change, the RCMP is strengthening its conduct (“disciplinary”) process to ensure the actions of members align with the RCMP’s renewed core values.
• The strengthened conduct process, along with the renewed core values, advance RCMP on the path toward a more modern, healthy and inclusive organization, and increase public and employee trust.
• Earlier this year, Commanding Officers signed, and now display, the RCMP’s renewed core values declaration.
• In service of greater accountability and transparency, the RCMP is required to complete annual reports on the management of the RCMP discipline process, and recently published its report for the 2020-2021 year on its website.
• The integrity of the conduct process is further upheld by the work of external review bodies like the RCMP External Review Committee, an independent, quasi-judicial tribunal that impartially reviews appeals of certain RCMP labour relations decisions and reports annually on its activities to Parliament.
• The Civilian Review and Complaints Commission also serves an important role in upholding police accountability through its work as the independent, arms-length review body responsible for receiving and reviewing complaints from the public about RCMP conduct.
• Bill C-20, an Act establishing the Public Complaints and Review Commission, was introduced in Parliament in November 2021 and proposes to further strengthen the Commission via the establishment of codified timelines for RCMP responses to Commission reports and new annual reporting requirements for the RCMP.  
• The Management Advisory Board has a legislative mandate to provide advice to the Commissioner of the RCMP on a variety of matters, including the efficient and effective functioning of the RCMP.
• The Management Advisory Board has an independent website where it publishes its reports and advice to the Commissioner, and as of February 2024, the RCMP also publishes its responses to the Board’s advice on its external website.

Management Advisory Board

The Government of Canada established the Management Advisory Board (MAB) in June 2019 under the Royal Canadian Mounted Police Act. The (MAB) is an independent group of up to 13 external experts that provides impartial advice based on its expertise, experience, and best judgement. As per the RCMP Act 45.18 (2), the mandate of the Management Advisory Board is to provide the Commissioner with advice, information and reports on the administration and management of the RCMP, including:

• the development and implementation of transformation and modernization plans;
• the effective and efficient use of resources;
• the actions to be taken to reduce corporate risks;
• the development and implementation of policies and management controls that support the operation of the Force;
• the development and implementation of corporate and strategic plans; and
• the development and implementation of operating and capital budgets.

The MAB establishes its own priorities, procedures and work plans. In his mandate letter to the Minister of Public Safety, the Prime Minister requested that action to reform the RCMP be accelerated, which includes enhancing the MAB to create an oversight role over the RCMP. In December 2023, Professor Angela Campbell, an inaugural Board member, was appointed as Chairperson of the Board, following the resignation of Kent Roach in September 2023. There are currently 11 active board members.

The MAB continues to meet on a regular basis, including quarterly in-person meetings, and has also formed several standing committees on varying topics (e.g., human resources and finance) which also meet regularly. Since its inception, the MAB has advised on a number of RCMP issues, including on the implementation of the Independent Centre for Harassment Resolution, which was launched in June 2021 and helps resolve matters relating to harassment at the RCMP. Most recently, the MAB has developed reports on Indigenous recruitment and the sustainability of Federal Policing.

External Governance and Accountability

Parliament has created independent agencies to review the RCMP’s activities and report to Parliament through either the Minister of Public Safety or the Prime Minister:

• Civilian Review and Complaints Commission for the RCMP (CRCC) – an independent review body that deals with public complaints concerning RCMP activities and is part of the Public Safety Portfolio.
• RCMP External Review Committee – an independent administrative tribunal that is also part of the Public Safety Portfolio that provides independent and impartial review of grievances related to the interpretation and application of Treasury Board policies.
• National Security and Intelligence Committee of Parliamentarians (NSICOP) – reviews the legislative, regulatory, policy, administrative and financial framework for national security and intelligence (NSI) government-wide, any NSI activity (except ongoing investigations), and any NSI matters referred by a minister of the Crown.
• National Security and Intelligence Review Agency (NSIRA) – responsible for conducting independent expert review of the lawfulness of NSI activities across all federal departments and agencies.

In addition, like all federal departments, the RCMP is subject to ongoing review by nine independent officers and agents who report to Parliament on a regular basis. While the RCMP is accountable to Parliament, it maintains operational independence to guard against political interference.

Some provinces have independent investigative bodies mandated to examine serious incidents involving police, including the RCMP. Commissions of Inquiry, established on occasion by the Governor in Council to fully and impartially investigate issues of national importance, can also provide a high-profile level of review, though their findings and recommendations are not binding. In addition,the RCMP may be subject to judicial review via the RCMP Act, the Canada Labour Code, coroner inquests, and Provincial Police Acts.

Internal Accountability^{Footnote 1}

RCMP members are responsible and accountable for the promotion and maintenance of good conduct in the Force. The RCMP Code of Conduct can be found in a schedule within the RCMP Regulations, 2014. Contraventions of provisions of the Code of Conduct will be addressed in a manner that is: fair and consistent; dealt with at the most appropriate level of the RCMP; emphasizes the importance of maintaining the public trust; and reinforces the high standard of conduct expected of members.

Decisions regarding any allegation of a breach of the Code of Conduct against a member are made by conduct authorities. They are responsible for initiating an investigation, determining if a member's conduct amounts to a contravention of the Code of Conduct and, if a contravention is established, to impose conduct measures that are proportionate to the nature and circumstances of the contravention and, where appropriate, that are educative, and remedial rather than punitive.

Conduct authorities are designated by the Commissioner either directly or by virtue of the Commissioner's Standing Orders (Conduct), and are typically a member's commander, or another person in the chain of command. Different "classes" or levels of conduct authorities are provided with varying authorities under the conduct management process.

When a conduct authority in respect of a member becomes aware of allegation(s) of a possible contravention of the Code of Conduct, the conduct authority will review the allegations and may order a Code of Conduct investigation. The investigation can take a variety of forms. It should be appropriate, proportionate and timely to gather evidence, establish the facts and circumstances of the alleged contravention.

After the investigation is completed a report will be produced and reviewed by the conduct authority who will determine whether or not the information supports the allocation that the member's conduct amounts to a contravention of the Code of Conduct or whether any supplemental investigation is required.

In cases where it is clear that the allegation(s), if established, could not be adequately dealt with by conduct measures under the authority of the receiving level of conduct authority, that conduct authority must refer it to the next level of conduct authority. If dismissal appears to be an appropriate outcome, a conduct authority at the Commanding Officer level will initiate a conduct hearing. If dismissal is not warranted, a conduct meeting between the subject member and the conduct authority will be initiated.

RCMP Reform, Accountability and Culture Sector 

The RCMP has been subject to a number of external reviews over the past two decades that have touched on all aspects of the organization – from culture, to governance, to operations. The Reform, Accountability and Culture (RAC) sector was established in May 2023 to:

• lead the RCMP’s response to significant external reviews, including the Mass Casualty Commission’s final report, and those from other significant external reviews, such as the Public Order Emergency Commission (POEC);
• provide strategic advice, oversight and coordination of internal culture change initiatives, ensuring inclusive and innovative approaches are considered;
• provide leadership and coordination of major transformation and renewal initiatives across the RCMP’s operational business lines to ensure the RCMP thrives and its operations optimized (e.g., CP assessment and contract re-negotiation); and,
• provide secretariat support to the RCMP’s Management Advisory Board (MAB), which provides advice and recommendations to the Commissioner on the management and administration of the RCMP, including as it relates to transformation.

The new sector – reporting directly to the Commissioner – responds to reform commitments outlined in previous Minister and Commissioner mandate letters, and the expectations for increased accountability and transparency.

Governance

In general, police services in Canada are accountable to civilian police services boards. In turn, police services boards are responsible for determining objectives and priorities for the police service; establishing policies for the administration and effective management of the police service; strategic planning and either establishing or approving budgets; recruiting and appointing the chief of police and deputy chief and monitoring their performance; and participating in collective bargaining and working agreement processes as the employer.

Currently the RCMP does not have a police services board, and instead the abovementioned board responsibilities are fulfilled by various parties, including the Minister, Treasury Board, the Governor in Council and/or Parliament.

Date modified:

2024-09-26