Reports on RCMP (Fraser, other), Class Actions Settled, Commissioner's Mandate

Schedule E Change Initiative # 1

Treasury Board Directives and the RCMP Commissioner’s Standing Orders include provisions that prohibit harassment, require supervisors and managers to enforce those directives and orders, and provide for sanctions and other consequences for breaches of the expected standard of behavior, failure to enforce, or for any retaliatory conduct against any person working within the RCMP who has reported harassment.

These considerations were included in the RCMP policy regarding the Investigation and Resolution of Harassment Complaints and the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) that came into force on November 28, 2014.

The RCMP Code of Conduct that came into effect on November 28, 2014 contains specific requirements and expectations regarding the behaviour of members.

In addition, the Public Service Disclosure Protection Act provides for procedures and protections for public service employees and persons employed in the public service (including RCMP members) who bring forward concerns regarding wrongdoing in the workplace.

Schedule E Change Initiative # 2

The RCMP will establish support resources to assist supervisors in resolving harassment problems within their units.

Ongoing. In addition to the establishment of roles and responsibilities and support services through the Office for the Coordination of Harassment Complaints and the Workplace Responsibility Branch under the Investigation and Resolution of Harassment Complaints policy, the RCMP provides an internal conflict management program. The Informal Conflict Management Program (ICMP), provides access to conflict management practioners (e.g. mediators, facilitators) to assist in addressing conflictive or disputatious situations in RCMP workplaces. The ICMP provides conflict and dispute resolution training though a 2-day Resolving Conflict Effectively course, which provides for skills and strategies for addressing incidents of harassment or that could lead to harassment. To date, over 5,000 employees have completed the course.

In November 2014, the RCMP initiated a National Early Intervention System (NEIS), which has been structured to help supervisors to proactively identify members experiencing issues which may be impacting their work-life balance, health and well-being and/or performance. The goal is to ensure that members of all ranks have timely access to any additional support they need. Supports include counselling, training, coaching, mentoring, Employee Assistance Program, Informal Conflict Management or a combination of various resources. NEIS uses a Business Intelligence tool (data and case management software) to scan for various indicators within RCMP data bases, in order to produce a notification if a member exceeds a certain threshold of activity. 

Schedule E Change Initiative # 3

The RCMP will continue to review its harassment policy in line with Treasury Board Policy and Directives, and applicable legislation and jurisprudence.

Work is ongoing, in anticipation of the release of the regulations associated to Bill C-65. This includes the formation of a sub-committee of the National Health and Safety committee, which is focused on conducting a workplace assessment to address risk factors to ensuring a safe and respectful workplace. This committee will also make recommendations on the development of policy and training materials in preparation for the implementation of the new legislation in 2020.

As noted in number 1, the RCMP implemented a significantly amended harassment policy that came into effect in November 2014. The policy was developed through extensive consultations and was designed to facilitate more timely investigation and resolution of harassment complaints, and included recommendations made through a series of reviews conducted by Parliamentary Standing Committees and the Civilian Review and Complaints Commission. 

The RCMP keeps apprised of Treasury Board Policy and Directives and applicable legislation and jurisprudence, as well as best practices in regards to harassment prevention, investigation, resolution and training through the Workplace Responsibility Branch. This includes engagement with federal partners for the development of amendments to the Canada Labour Code that have been proposed under Bill C-65. These amendments were intended to create an integrated regime to protect employees from incidents of harassment and violence in the workplace in all federally regulated organizations.

Schedule E Change Initiative # 4

The RCMP has set a goal to make the proportion of women in Regular Member positions equal to at least 30% by 2025. In addition, the RCMP will set a goal to make the proportion of women in officer and executive positions at all levels equal to at least 30% by 2025. If these goals are met, the RCMP will continue to set reasonably attainable goals to reach gender parity (including parity of meaningful workplace opportunities). If goals are not met, the RCMP will continue to strive to meet these goals, and will receive advice from the Gender and Harassment Advisory Committees, to be established in accordance with this Agreement as set out below, on recommended changes, including further appropriate goals and parity of meaningful workplace opportunities.

This is an ongoing long-term initiative. The RCMP continues to track the number of women applicants and is committed to increasing the number of women through current initiatives.

Women’s representation in all three categories of employees has been stable for the past six years. Today, approximately one fifth of the RCMP's police officers are women. For example, the Senior Executive Committee, which consists of 15 Deputy Commissioners, Assistant Commissioners and senior Public Service Employees, has a representation of 8 women and 7 men as of October 2019. We also have greater gender balance among our Commanding Officers – 8 men / 7 women.

The RCMP’s approach to achieving gender parity has changed. In the past, workforce diversity targets were the focus; now, the RCMP is putting greater efforts towards identifying and mitigating known barriers to diversity, equity and inclusion. To do this the RCMP is using Gender-based analysis Plus (GBA+) to identify the impacts of policies and programs on diverse groups of people. In recognition of the importance of attracting diverse applicants and ensuring opportunities for meaningful career advancement, a GBA+ of the RCMP recruiting process is currently being undertaken.

Identified GBA+ considerations resulted in a procedural change to the Officer Candidate Program in October 2017. This has contributed to in an increase in women applicants from 17% to 29% in under one year.

Schedule E Change Initiative # 5

The RCMP will take steps to improve the design and content of its recruitment materials to include more women, as well as more broadly inclusive language. The RCMP will solicit from all persons working within the RCMP input on all of its recruitment resources on a regular basis.

Ongoing. The rcmpcareers.ca website has been aligned with the new common look and feel rules implemented by the Government of Canada.

Language has been updated to incorporate inclusive pronouns and terminology. The Women in Policing section of the RCMP website was also updated in August 2016.

Creative products and materials continue to be developed that include a balanced approach to gender, and a continued effort to highlight diversity throughout the RCMP. For example, a series of six testimonials were launched on Facebook in 2017, featuring eight officers of diverse backgrounds and gender who speak to their specific experiences and challenges. In 2018, an additional 150 videos were added to run on internal RCMP platforms featuring diverse women and men working in various policing specializations.

Schedule E Change Initiative # 6

The RCMP will continue to communicate and publicize a) a clear, written harassment policy to all persons working within the RCMP, and make this policy readily available and accessible at all times; and b) that input from persons working within the RCMP on the effectiveness of the harassment policy is encouraged.

A major overhaul of harassment policies and procedures was undertaken in 2014, and a further update was completed in Spring of 2018.

The RCMP has implemented a modified policy for the Investigation and Resolution of Harassment Complaints that has been in place since November 2014. Input on the policy is obtained regularly via teleconferences and through an annual symposium that includes practitioners from across the organization.

In 2017, a new version of the harassment complaint form was released providing greater clarification for complainants, thereby streamlining the intake process. The changes included the addition of an instruction page and important reference material with links to policy, definitions of sexual harassment and roles and responsibilities and the Canadian Human Rights Act.

In the Spring of 2018, an information pamphlet that encompasses the elements of the harassment process was distributed to Harassment Advisors to reinforce a deeper understanding and awareness. Information is also made available through internal and external websites

The RCMP has recently undertaken consultation with the bargaining agents seeking input on behalf of employees on the effectiveness of the harassment process.  This consultation along with internal feedback has resulted in proposals to implement improvements for the prevention and resolution of harassment.

Schedule E Change Initiative # 7

The RCMP will regularly communicate updates, news, and decisions affecting the organization and its membership to all persons currently working within the RCMP.

National Communications Services (NCS) Strategic Communications communicates with each business line, providing communications delivery advice and support, facilitating the sharing of info organization-wide for each sector.

All provinces/territories have designated communications resources who relay information to employees. Urgent updates are distributed through the chain of command.

Other members of the Senior Executive Committee, for example the Chief Human Resources Officer, also provide regular updates through the Intranet regarding organizational change activities within their specific areas of responsibility.

The RCMP also launched the Vision 150 Results Tracker on its intranet. Vision 150 is the RCMP’s modernization framework as it moves to its 150th anniversary in 2023. The Tracker highlights modernization initiatives being undertaken and provides regular updates of their implementation and milestones.

Schedule E Change Initiative # 8

The RCMP will post its policies, including those concerning recruitment, hiring, transfers, promotions, qualifications, evaluations, leaves of absence, mentoring, collegiality, and harassment on its internal website, Infoweb.

All policies referred to are currently posted on the RCMP website and are updated as needed. Policies specific to public service employees can be found on the Government of Canada website. There is information provided in the RCMP Public Service Manual, which then redirects the user to the Government of Canada website when applicable.

Schedule E Change Initiative # 9

Subject to Government of Canada and Treasury Board requirements, the RCMP will make ongoing efforts to improve the design of its website. The RCMP will continue to receive feedback and suggestions in writing directly from persons working within the RCMP.

As a federal institution, the RCMP is governed by the Government of Canada Directive on the Management of Communications, which includes Mandatory Procedures for Web Communications as well as Standards on Web Accessibility and associated technical requirements. The RCMP also complies with these best practices for the internal intranet (Infoweb). Mechanisms for employees to provide immediate input or suggestion are already in place through the “Contact Us” button.

In addition, content that is meant to consult, engage or seek out input from employees is formatted in such a way as to promote and invite feedback.

Content renewal of the website is continuous based on employee feedback. Improvements were made in 2017 on the search engine, contacts, navigation and homepage elements.

Schedule E Change Initiative # 10

The RCMP will continue to update promotion policies and materials, and will consider, among other things, whether they:

Schedule E Change Initiative # 10a

make clear the RCMP and its leadership believe people of all genders and sexual orientation are equally capable of working in the RCMP and having positions and should therefore expect to be promoted at proportional rates;

Through the use of GBA+, the National Staffing Program and National Promotions Unit conducted a review of promotion policy, processes, and forms to identify systemic barriers and ensure merit criteria are inclusive. Analysis and review of the outcomes and application to staffing and promotion procedures was completed in March 2018.

Character-Based Leadership (CBL) is being integrated across the organization, to ensure the assessment and development of people-centered competencies alongside operational skills. RCMP senior leadership received early training; CBL will be integrated into recruitment, development, and promotional policies and programs.

Completion of the Introduction to GBA+ course is now mandatory for all Commissioned Officers (executive equivalent) as well as members of the Senior Executive Committee. A commitment to support diversity and inclusion and to develop GBA+ competencies amongst employees was included in the performance agreements of all RCMP executives for 2018-19.  In addition to the GBA+ course, several internal GBA+ awareness sessions have been delivered across RCMP business lines in headquarters, and with senior executive teams in the Divisions.

The RCMP is also advancing specific initiatives to ensure that promotional criteria place appropriate emphasis on inclusive people management. The RCMP has engaged the Personnel Psychology Centre of the Public Service Commission to conduct a fairness review of the Officer Candidate Program to ensure the process does not unintentionally disadvantage certain groups of candidates, and to identify any misalignment between job requirements and the evaluated competencies.

The RCMP has made widely available to all employees learning that promotes an inclusive and able workforce, and a safe work environment, free of harassment.  The Respectful Workplace, Violence in the Workplace:  Recognizing the Risk and Take Action, Bias Awareness for Employees and for Supervisors, and Resolving Conflict Effectively are examples of those courses.

More recently, the RCMP developed Cultural Awareness and Humility on-line course. Set to be made available shortly to all employees, it focuses on the impact of employees’ personal identity on their own actions, perceptions and interpersonal experiences.  The course emphasizes how culture (beliefs, assumptions and attitudes) has an impact on daily interactions, with the goal of providing culturally-relevant, personally-sensitive and appropriate approaches for working with people from diverse backgrounds

The RCMP developed the RCMP Guide to Supporting Transgender, Non-Binary and Two-Spirit (TNB2S) Employees, which aims to help support TNB2S employees and highlight how all RCMP employees can contribute to an inclusive workplace culture.

Schedule E Change Initiative # 10b

use language that reflects the belief that women are equally capable and meritorious of promotion as men;

Through the use of GBA+, the National Staffing Program and National Promotions Unit conducted a review of promotion policy, processes, and forms to identify systemic barriers and ensure merit criteria are inclusive. Analysis and review of the outcomes and application to staffing and promotion procedures was completed in March 2018. In November 2019, NPU updated its promotion policy (CCM 4) to reflect gender neutral language.

Schedule E Change Initiative # 10c

make clear that promotions will be based on objective and relevant measures of merit, taking into account the operational needs and requirements of the RCMP;

National Staffing Program reviews and modifies the current promotion process on an ongoing basis, and researches other selection tools and best practices and develops options for making amendments and modifications to Program activities.

Through the use of GBA+, the National Staffing Program and National Promotions Unit conducted a review of promotion policy, processes, and forms to identify systemic barriers and ensure merit criteria are inclusive. Analysis and review of the outcomes and application to staffing and promotion procedures was completed in March 2018. In November 2019, NPU updated its promotion policy (CCM 4) to reflect gender neutral language.

Character-Based Leadership (CBL) is also being integrated across the organization, to ensure the assessment and development of people-centered competencies alongside operational skills. RCMP senior leadership received early training; CBL will be integrated into recruitment, development, and promotional policies and programs.

Schedule E Change Initiative # 10d

communicate that persons working within the RCMP will also be evaluated, in part, based on how respectfully and fairly they treat others in their workplace; and

A member who fails to treat others fairly and respectfully can be prevented by their supervisor/line officer from competing for promotion. The supervisor completes form 5146 and the member is ineligible to apply for promotion for at least six months. A member whose disrespectful behaviour has resulted in a Code of Conduct investigation may be ineligible for promotion, as determined by the conduct authority or the Delegated Manager of HR, pending the outcome of the investigation.

A Respectful Workplace online course has been mandatory for all categories of employees since 2014. All applicants applying to the Officer Candidate Program (OCP) must demonstrate that they have completed the following mandatory training courses: Respectful Workplace; Violence Prevention in the Workplace; and Introduction to Gender Based Analysis+.

Character-Based Leadership (CBL) is being integrated across the organization, to ensure the assessment and development of people-centered competencies alongside operational skills. RCMP senior leadership received early training; CBL will be integrated into recruitment, development, and promotional policies and programs.

While the Respectful Workplace course continues to be mandatory for all employees of the RCMP, the Cultural Awareness and Humility on-line course is set to be made available shortly to all employees. This course focuses on the impact of employees’ personal identity on their own actions, perceptions and interpersonal experiences.  The course emphasizes how culture (beliefs, assumptions and attitudes) has an impact on daily interactions, with the goal of providing culturally-relevant, personally-sensitive and appropriate approaches for working with people from diverse backgrounds.

The RCMP will undertake a review of its core values and in consultation with key stakeholders, and will develop a new values statement for the organization to articulate expected behaviours.

Schedule E Change Initiative # 10e

continue to provide that the RCMP will evaluate and nominate individuals for awards and recognition using its established committee process.

The RCMP understands that recognizing merit and achievement serves to create a positive work environment.

The RCMP has a long-standing Awards and Recognition program. Recipients can be any category of employee, and awards and recognition include internal RCMP rewards, those provided for by the Treasury Board, provinces and the Governor General. Current policies and procedures promote the principle that recognition is everyone’s responsibility, and encourage a broad application of formal, informal and external awards. In 2019 the RCMP applied GBA+ to the review of the eligibility criteria for the RCMP Long Service Award. The review resulted in recommendations for policy change to include periods of leave without pay (e.g. maternity/parental leave) when calculating years of service for the purpose of service awards.

In January 2018 the RCMP moved from the Awards of Distinction (which was administered by the Mounty Shop) to the greater public service program called iBoutique. To date the response has been positive.

Schedule E Change Initiative # 11

The RCMP will take steps to strengthen and support anti-harassment training during Cadet Training Program (CTP).

Cadets currently receive anti-harassment training and instruction at various points during the Cadet Training Program (CTP). This includes supporting both their personal well-being and establishing harassment resolution skills in the workplace. 

The CTP curriculum is continually reviewed and updated to respond to current needs in front-line community policing and to conform to the Commissioner’s mandate, including on diversity, inclusion, harassment and respectful workplace.

Schedule E Change Initiative # 12

The RCMP will provide mandatory training on harassment for all persons working within the RCMP in accordance with the current views on best practices. The RCMP is committed to enforcing the mandatory completion of the course. Completion of the course will be a consideration for any potential promotion or advancement in the RCMP.

Since 2014 all current and new RCMP employees are required to successfully complete the online Respectful Workplace course.

Performance agreements also include specific expectations regarding the establishment of respectful workplaces. For example, during the 2016/2017 performance cycle, it was a “mandatory commitment to provide leadership in human resources management, consistent with RCMP core values by: fostering, through formal and informal measures, an inclusive workplace that emphasizes respect, zero tolerance for harassment, and timely conflict resolution; acting promptly, and in the organization’s interest when learning of sexually orientated misconduct …” For the 2017/2018 cycle, this commitment was repeated, and support and promotion of GBA+ was added as an integral part of the RCMP.

For the 2019/2020 cycle, Respectful Workplace training was again mandatory for all employees.

Schedule E Change Initiative # 13

The RCMP commits to further developing the respectful workplace component in the supervisor and management development program, including training on inclusive leadership, accountability, and bias awareness training.

National Performance Programs (NPP) supports employee development through programs which include the Foundations of Leadership (FOL), Supervisor Development Program (SDP), Manager Development Program (MDP), and the Executive/Officer Development Program (EODP). Each program builds on and progresses through competency levels with a focus on enhancing leadership and management skills.

Ann annual review of program content is conducted and material is updated accordingly to reflect the most current policies and best practices. A module on “Being an Inclusive Leader and Supporting an Inclusive Workplace”, which includes sections on accountability and bias awareness, was incorporated in the MDP in April 2018.

The concept of inclusive leadership is currently threaded throughout the in-class modules for the SDP and is regularly reinforced as a best practice in exercising effective supervision and becoming a respected leader. The EODP Inclusive Leadership module program content was created in 2015. An update to this module to include addition of a section on GBA+ was incorporated in June 2017.

Schedule E Change Initiative # 14

The RCMP will regularly review its harassment training in accordance with Treasury Board Policy and Directives, and applicable legislation and jurisprudence.

RCMP courses are reviewed an updated on a regular basis. Currently, the regular maintenance cycle for established courses takes place each year, and is overseen by the Learning and Development Branch in collaboration with relevant policy centres.

RCMP Learning and Development, with the support of the Department of Justice Canada, ensures alignment with any new legislation and training requirements related to preventing and addressing workplace violence and harassment in the federally regulated work sector.

Schedule E Change Initiative # 15

The RCMP will establish and maintain, subject to the Public Service Labour Relations Act, SC 2003, c 22, s 2, including but not limited to the unfair labour practice provisions, and any applicable collective agreements:

a) National Gender and Harassment Advisory Committee that will serve as an advice giving forum to the Commissioner or his or her delegate on matters involving issues of gender, sexual orientation, harassment, equity, and inclusivity;

b) in each Division, a local Gender and Harassment Advisory Committee that will serve as an advice giving forum to the Commanding Officer of the Division or his or her delegate on matters described in (a); the relevant content of the advice received will be reported annually to the National Gender and Harassment Advisory Committee.

A selection process continues to be in place to allow persons working in the RCMP to apply and be selected by the Commissioner.

The National Committee was formed in 2017 and had their first meeting April 5 2018. Sixteen divisional committees were formed in 2017 and held their first meetings in early 2018.

The National GHAC and 16 Divisional GHACs continue to meet, as per their Terms of Reference (ToRs), to provide advice to the Commissioner and Commanding Officers on matters related to gender, sexual orientation, harassment, equity and inclusivity.

The National GHAC is currently examining its structure and function. Consideration is being given to how to maximize the engagement of a core group of RCMP employees already involved in equity, diversity and inclusion work through existing national committees, namely the NGHAC and National Council on Diversity and Inclusion. Discussions on the way forward are ongoing and will ensure adherence to the Merlo-Davidson obligations.

Annual reports are posted on the external RCMP website http://www.rcmp- grc.gc.ca/en/gender-and-harassment-advisory-committees

Schedule E Change Initiative # 16

The National Gender and Harassment Advisory Committee will be named by the Commissioner and will be composed of 8 to 12 individuals who will be 75% persons currently working within the RCMP who are reflective of the diverse composition of the RCMP and 25% RCMP managers. There will be a process established whereby persons currently working within the RCMP can put their name forward and be selected by the Commissioner to serve on the committee. The National Gender and Harassment Advisory Committee will meet at least annually, and whenever deemed necessary by the Committee, with the consent of the Commissioner or his or her delegate, and together with all other items for discussion, will receive and consider the reports of the Divisional Committees. The National Gender and Harassment Advisory Committee will issue a written Annual Report which will be publicly available. Minutes of meetings will not be made public subject to applicable laws which may require disclosure. The RCMP will provide a written Response to the Annual Report, which Response will be publicly available.

Meetings continue to occur as stated in the ToRs.

The NGHAC currently has seven members; the vacancy will be addressed as the Committee defines its structure in the coming year.

Between April 2019 and March 2020, the NGHAC met once with the Commissioner in February 2020. Committee members met an additional two times with just the NGHAC Secretariat (September and December 2019).

The structure and strategic focus of the NGHAC is currently being explored. Discussions are underway to ensure an effective approach to RCMP equity, diversity and inclusion efforts is advanced, which also adheres to the obligations of the Merlo-Davidson Settlement Agreement. As the approach is defined, efforts will be made to enhance connections between Divisional and National Committees. The NGHAC will continue to explore strategic opportunities to link with and provide input into RCMP initiatives within the NGHAC’s purview, including key modernization initiatives.

Committees’ ToRs outline the composition and schedule of meetings according to the terms set out in the settlement agreement. This obligation is ongoing.

Schedule E Change Initiative # 17

The Divisional Gender and Harassment Advisory Committees will be named by the Commanding Officer for the Divisions and will be composed of 8 individuals who will be 75% persons currently working within the RCMP who are reflective of the diverse composition of the Division, and 25% RCMP managers. There will be a process established whereby persons currently working within the RCMP can put their name forward and be selected by the Commissioner to serve on the committee. Meetings will be chaired by the Commanding Officer for the Division and will take place bi-annually. Division Gender and Harassment Advisory Committees will prepare a written Annual Report which will be publicly available and which will be provided, prior to its annual meeting, to the National Gender and Harassment Advisory Committee for its consideration. Minutes of meetings will not be made public subject to applicable laws which may require disclosure.

Committees ToRs outline the composition and schedule of meetings according to the terms set out in the settlement agreement. This obligation is ongoing.

The annual reports for fiscal year 2019/20 meetings will be published in Summer 2020, along with the RCMP response.

Selection processes are anticipated to be launched in Spring/Summer 2020 to fill any vacancies in Committees.

Schedule E Change Initiative # 18

For further clarity, the National and Divisional Gender and Harassment Advisory Committees do not have authority to issue directives to the RCMP, but may give advice in the development of policy and practices on matters involving harassment, gender, sexual orientation, equity, and inclusivity. The Commissioner or his or her delegate will consider this advice; final decisions with respect to policy development and content lie with the RCMP. The Gender and Harassment Advisory Committees will not take on a public advocacy role. The RCMP will give written reasons for not adopting advice given by the Gender and Harassment Advisory Committees.

Advice received from committees for 2019/20 will be forwarded for consideration to the relevant policy centres. Specific details of recommendations and actions taken will be outlined in the committee annual reports and RCMP response.

Schedule E Change Initiative # 19

The role of the Gender and Harassment Advisory Committees is to act as vehicles through which the Commissioner and Commanding Officers are advised of developments with respect to workplace harassment.

Committee ToRs outline that COs and the Commissioner receive advice from the Committees, in accordance with the settlement agreement.

Schedule E Change Initiative # 20

The National Gender and Harassment Advisory Committee will have access to and obtain advice from one or more external experts on human resources and inclusive workplaces on an as needed basis within an annual budget set by the RCMP.

As outlined in the ToRs in accordance with the obligation, the Committee may obtain advice from guest speakers/advisors.

Article 12.02 Apology

Without constituting an express or implied admission of fault or liability, the Commissioner of the RCMP will provide the Class Members with an apology, as defined in the Apology Act, SO 2009, c 3, at a time to be agreed upon by the parties, regarding Harassment in the RCMP. Such apology will not be admissible in any civil or criminal proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with that matter.

Completed; former Commissioner Paulson presented an apology to women in the RCMP and announced the settlement agreement in October 2016.

Article 12.03
No Retaliation

The RCMP shall issue a directive substantively as set out in Schedule G, that there is to be no retaliation for making a Claim under this settlement.

Completed. On August 11, 2017, a notice of no retaliation was issued by the Acting Commissioner. The notice clearly stated that there was to be no retaliation against any individual for making a claim under the settlement. The message further stated that any act of retaliation would be treated seriously and sanctions could be imposed commensurate with the circumstances and seriousness of any retaliatory action.

Article 13.01
Scholarship Fund

The RCMP will establish a scholarship fund, details of which will be at its discretion, with the objective of recognizing outstanding work in the area of anti-Harassment and the promotion of anti-Harassment principles.

Troop 17 has been established and will award up to five scholarships in the amount of $1000 annually to college or university students across Canada. The application deadline for 2020 was March 31, with the scholarship recipients to be announced in September 2020. This will be the third round of scholarships awarded.

1.

The Government consider the creation of a civilian Board of Management (as recommended by the 2007 Task Force on Governance and Cultural Change in the RCMP).

The RCMP Management Advisory Board (MAB) was established in June 2019 as an independent group of experts to provide advice and guidance to the Commissioner on organizational and culture change. This includes support and advice for the development of governance, management and workplace policies and procedures.

The MAB includes thirteen members, who were selected based on their executive and corporate management experiences and competencies, including key areas of human resources and labour relations; governance; change management and innovation; accounting and risk management; information and technology; and policing and law enforcement.

2.

That the RCMP create a separate unit (independent of the chain of command) responsible for handling allegations of harassment and workplace conflict with expertise in dealing with these issues, which would report to the Management Board.

The RCMP has trained harassment investigators from all categories of employees. 91 civilians have been trained since November 2014. A greater focus was placed on training additional civilian investigators in 2019.

In January 2019, the RCMP committed to externalizing all sexual harassment complaints. An external investigator roster has been established using the National Master Standing Order List and includes investigators from two private companies and Health Canada. 

The RCMP has developed a new centralized unit, outside of the divisional chain of command, known as the Independent Centre for Harassment Resolution (ICHR). It is designed to increase transparency and impartiality in the harassment process. The ICHR will see resources added incrementally (yearly), dependent on staffing processes, including an initial number of centralized decision makers and civilian investigators to start in 2021. The ICHR will have a range of functionality including: the capability of directly mandating investigations; gathering evidence for decisions on serious harassment complaints; and identifying quickly those cases that are workplace conflict, and not harassment; interfacing with Divisional ICMP resources to identify the root cause of the conflict; and implement resolution strategies.

3.

That independent external reviews be carried out on the RCMP Health Services Branch and the grievance system in light of concerns raised.

The RCMP is proposing to obtain professional services to conduct a review of its Health Services Program and recommend an effective, efficient and modernized occupational health service-delivery model. This includes examining the existing legislative framework that relates to the provision of health services to members of the RCMP, review of the delivery of occupational health services in other police forces, conduct research of potential options to improve the current model and to provide an initial modernization road for the delivery of health services to the uniformed members of the RCMP. These activities are key to assisting the Force with its modernization and change efforts.

The development of a new grievance process related to terms and conditions of employment for RM and reservist is to be led by the Member Labour Relations (MLR) Team. As Civilian Members are not deemed PSE in the foreseeable future, they can still avail themselves to the grievance process under Part III of the RCMP Act.  The following processes were undertaken to identify a more efficient approach to the grievance process.

• In November 2014, the Enhancing Royal Canadian Mounted Police (RCMP) Accountability Act came into force, which introduced significant reforms to the RCMP Act. 
• To address the 2019 recommendations of the Evaluation of the Legislative Report Initiative (LRI), the Office for the Coordination of Grievances and Appeals (OCGA) reviewed processing challenges and implemented measures to enhance the timeliness of processing grievances. A series of initiatives were approved and their implementation is underway.
• To address the inventory of grievance records, the Recourse Adjudications Directorate implemented measures to enhance the timeliness of grievance adjudication. One of those measures is the significant increase of Recourse Adjudicators. 

1.

That the Minister direct the RCMP to professionalize elements of the RCMP organizational structure by recruiting civilian experts for non-operational roles, including at the senior levels in the areas of human resources and labour relations.

Modernization of the RCMP workforce will require diverse skillsets to meet the changing demands of a modern law enforcement environment. To achieve this goal, the RCMP will explore new ways to recruit and retain a workforce with the experience and knowledge needed to meet these demands. This ongoing work will also entail a review of the skills and competencies needed for the organization to effectually fulfil its mandate now and in the future, which may entail the professionalization of key segments of the RCMP.

The RCMP is continuing to examine ways to leverage civilian expertise in non-operational policing roles, and to improve internal management, governance and reporting structures to support operational effectiveness. This includes the modification or civilianization of roles staffed by regular members, including at senior levels in the areas of human resources and labour relations. In 2019, the RCMP appointed public servant leaders as Chief Administration Officer, Chief Human Resource Officer and a labour relations expert to the RCMP Senior Executive Committee.

The RCMP Management Advisory Board (MAB) was established in June 2019 as an independent group of experts to provide advice and guidance to the Commissioner on organizational and culture change. This includes support and advice for the development of governance, management and workplace policies and procedures.

To reduce the impact on operations, the Professional Responsibility Sector (PRS) increased its number of civilian investigators to avoid using regular members to conduct harassment investigations. In addition, a new harassment resolution model is being created which include only civilian resources.

The RCMP will continue to work to ensure the Force is an inclusive organization, characterized by respect for diversity and the contributions of all employees. This will include the review of the skills and competencies needed in a modern police environment, better alignment of employee skills and experience, and the proactive recruitment of a workforce that is more reflective of the populations served across all levels of the RCMP.

2.

That the RCMP foster a leadership culture by introducing promotional criteria that recognize management skills, and by instituting more rigorous, mandatory leadership development programs for all existing and newly appointed supervisors, managers and executive officers, including appropriate university-level courses.

The RCMP is conducting a comprehensive review of its leadership development programs, which includes an examination of organizational best practices to ensure effective and inclusive leadership development programs to support employees throughout all stages of their career. As part of this work, Character-Based Leadership (CBL) is being integrated across the organization, to ensure the assessment and development of people-centered competencies alongside operational skills. RCMP senior leadership received early training.
For regular members, leadership training is currently provided through a suite of programs that include the Supervisor Development Program (SDP), the Manager Development Program (MDP), and the Executive/Officer Development Program (EODP).

As of April 1, 2018, it was made mandatory thata member promoted to Sgt. must successfully complete the MDP before applying for promotion to S/Sgt.Similarly, as of April 1, 2019, it was made mandatory that a member promoted to Cpl. must successfully complete the SDP before applying for promotion to Sgt.

The EODP now includes a module on inclusive leadership and the application of GBA+ to examine bias and promote diversity and inclusion in workplace policies and practices. All newly commissioned officers are expected to complete the EODP.

A new online Foundations of Leadership (FOL) online curriculum is currently in development. The pilot was launched in spring 2019 and is ongoing. The official launch is expected in June 2020. The program is intended to facilitate the development of leaders early in their careers, and to ensure leadership competencies are developed prior to an individual’s first promotion.

Several prerequisites have been added for promotional candidates to ensure they have the competencies that support an inclusive workforce. As of 2017, applicants to the Officer Candidate Program must also demonstrate they have completed the Department of Women and Gender Equality’s Introduction to GBA+ online course.
The RCMP is also advancing specific initiatives to ensure that promotional criteria place appropriate emphasis on inclusive people management.

3.

That the Minister of Public Safety take immediate steps to affect cultural change in the RCMP by modernizing its governance structure to introduce civilian governance and/or oversight and to enhance accountability.

The RCMP Commissioner’s mandate letter called for transformation of RCMP culture and management practices, including identifying ways to enhance internal and external governance structures and practices.

As part of carrying out these commitments, the Government introduced the Management Advisory Board to provide advice to the Commissioner on the management and administration of the RCMP Pursuant to subsection 5(1) of the Royal Canadian Mounted Police Act (RCMP Act), the Minister may direct the Commissioner to seek the Board’s advice and require that the Commissioner report back, including on actions taken based on that advice.

Internally, the RCMP will review management, governance and reporting structures and identify opportunities to engage civilian experts in key roles.

4.

That the RCMP adopt a simplified definition of harassment in its harassment policies, consistent with the approach adopted by the Canadian Human Rights Tribunal and other Canadian jurisdictions, to facilitate the investigation and resolution of valid complaints of harassment.

The RCMP uses the Treasury Board of Canada Secretariat definition of harassment and will continue to work with the Secretariat to apply a consistent and coherent definition in harassment policies. This definition aligns with the approach adopted by the Canadian Human Rights Tribunal and human rights tribunals in other Canadian jurisdictions.

The RCMP is currently undertaking steps for the early implementation of amendments to the federal harassment regime under Bill C-65, including:
1.the creation of a dedicated roster of investigators, and a new policy allowing parties to agree on an internal or external investigator; and
2.a new policy to ensure that complaints of sexual harassment be investigated by external civilian investigators.

Once the legislation is implemented (2020-2021), the new definition governed by the TB and encompassing harassment and violence in the workplace elements, will be applied by the RCMP throughout the organization.

In January 2017, the RCMP adopted a simplified and clear definition of sexual misconduct, and implemented expedited procedures to respond to such allegations. A four-week awareness campaign on sexual misconduct was launched at the beginning of 2017, to provide information to all employees on what constitutes sexual misconduct, and how to prevent, detect and resolve it in the workplace.

5.

That the RCMP develop clear and streamlined harassment policy documents, in plain language, and that these be available on its external website.

Updates to RCMP harassment policies and procedures were completed in spring 2018. Further updates to our policies will be made to align with Bill C-65.

The RCMP harassment complaint form, available on the RCMP public website (internal/external), was amended in 2018 and 2019 for simplicity and clarification. The form includes a plain language description of the elements of harassment, with references to the appropriate detailed internal policies and links to the Canadian Human Rights Act.

6.

That the RCMP institute in-person harassment training, conducted by trained and qualified experts, on a regular basis. Specialized training should also be mandatory for all existing as well as newly appointed supervisors, managers and executive officers on a continuous basis.

The RCMP Supervisor Development Program, Manager Development Program and Executive/Officer Development Program all include training materials related to identifying and addressing harassment in the workplace. The RCMP also delivers a one-week in-person harassment investigator course for divisional investigators.

The RCMP has implemented a mandatory online course for all category of employees known as the Respectful Workplace. This course uses scenarios to cover organizational expectations with respect to harassment and familiarize employees with current legislation and policy. 

Additional training has been provided to the Senior Management Team and divisional harassment advisors to educate them on the legal tests application, decision making and stereotypes.

The RCMP will continue to host an annual national symposium for divisional representatives working in the Professional Responsibility portfolio to discuss trends, best practices and emerging issues. These discussions inform ongoing updates to harassment investigator training courses, which will incorporate content specific to civilian investigators. Additional training will also be provided to current investigators to allow them to make findings with respect to the issues of credibility, and to provide recommendations.

7.

That the RCMP revise its harassment policies and procedures to allow Divisional Commanding Officers the discretion to screen complaints to determine if a prima facie case of harassment has been made out, applying an appropriately broad and simplified definition of harassment.

The RCMP Professional Responsibility Sector has updated harassment processes to allow for the screening of harassment complaints by Commanding Officers.

Prior to the CRCC’s report, Commanding Officers were obligated to mandate an investigation on every complaint. Commanding Officers now have the discretion on whether or not to mandate a harassment investigation following a review of an initial complaint to determine if a prima facie case of harassment has been made. 

Since April 2019, the OCHC is offering the opportunity for complainants to submit a pure version statement with their complaint form. Commanding Officers also have the ability to request a limited scope investigation, e.g. initially obtaining a statement from the Complainant and the Respondent only, to assist in the determination of whether a prima facie case of harassment has been made. The OCHC also increased its guidance to decision makers to ensure a consistent application of the definition of harassment.

8.

That the RCMP retain skilled, competent, and dedicated administrative investigators (not uniformed members), who are independent of the chain of command, to conduct harassment investigations.

The RCMP is proactively implementing some Bill C-65 amendments, including: the creation of a dedicated roster of harassment investigators; and allowing parties to agree on an internal or external investigator. In January 2019, in order to bring more transparency and impartiality, the RCMP committed to use external civilian investigators to investigate sexual harassment complaints.

The RCMP has trained investigators from all categories of employees. A greater focus was placed on training civilian investigators in 2019 increasing the total numbers to 91.

An external investigator roster has been established using the National Master Standing Order List and includes investigators from two private companies and Health Canada. In 2020, the RCMP is focussing on increasing the number of dedicated/full-time civilian investigators.

9.

That the RCMP amend its harassment policies and procedures to mandate the investigator to make findings with respect to issues of credibility and whether or not the harassment policies have been breached, and to report these findings to the decision maker; and to mandate the decision maker to decide whether or not to accept the investigator’s findings and to make decisions with respect to whether any remedial and/or disciplinary measures should be imposed.

The current policy sets the investigators to conduct a harassment investigation as directed by the decision maker through a harassment investigation mandate letter.  The preliminary and final investigative reports do not contain opinions or recommendations of the investigators related to issues of credibility and whether or not the harassment policies have been breached.

Bill C-65 will affect the full implementation of this recommendation. The OCHC is awaiting the coming into force of the new Canada Labour Code Regulations in order to review and amend its current policy and national guidelines. It is expected the Regulations will require investigators to make findings, comment on the credibility of witnesses and make recommendations. The Regulations will determine the requirements of investigators and the RCMP will implement accordingly.

RCMP decision makers are currently required to decide whether sufficient evidence exists and ultimately render a decision on an allegation. In cases of an established decision of harassment, the decision maker is responsible for administering a conduct meeting in the code of conduct process including the imposition of measures on the Respondent.

In 2020, the RCMP will establish a unit of centralized and civilian decision makers to address the perception of bias and concerns of independence and impartiality with the current process.

10.

That the RCMP ensure that Divisional Commanding Officers receive ongoing, classroom-based training on decision-making, specifically in relation to the assessment of workplace harassment complaints, including with respect to the appropriate legal tests to be applied, and stereotypes relating to the conduct of victims of harassment.

The Professional Responsibility Sector held workshops in November 2018 to update best practices to assist decision makers regarding legal tests, victim stereotypes and overall decision-making.

During the February 2019 Senior Management Team meeting, training was provided on decision-making and legal tests for consideration to current decision makers, Commanding Officers and Deputy Commissioners.

The RCMP’s Gender and Harassment Advisory Committees will continue to act as vehicles through which the Commissioner and Commanding Officers are advised of developments with respect to workplace harassment. The SEC/Commanding Officers’ roundtable will also serve as a forum for the Professional Responsibility Sector to further support COs in their role as decision makers.

PRS continues to host an annual symposium (May 2019) to discuss and train participants on emerging issues related to investigations and decision-making. The next symposium is being planned for October 2020.