Grievances and Discipline Practices at the RCMP
Date: May 28, 2021
Classification: UNCLASSIFIED
Fully releasable (ATIP)? Yes
Branch/Agency: RCMP
Issue:
The RCMP has long been criticized for its handling of incidents of harassment, resulting in a multitude of reports and recommendations to improve the process, including the report from the Honourable Michel Bastarache, the Independent Assessor for the Merlo Davidson claims process.
Proposed Response:
- We have been working to ensure our harassment resolution process is accessible, timely and accountable
- We made key improvements based on the recommendations of experts, including centralized complaint intake, additional training for decision-makers, and expanded access to informal conflict management tools to address issues at the earliest point
- RCMP policy prohibits acts of reprisal or retaliation. Employees who engage in retaliation against a complainant, respondent, witness, investigator, or decision-maker may be subject to disciplinary or conduct measures, up to and including dismissal
- The new ICHR will provide clear and accessible information on the policy, and will accept reports of reprisal to be resolved according to the Canada Labour Code Regulations
- The RCMP will obtain a legal opinion concerning the feasibility of “automatic dismissal” as a sanction for harassment
- Given the broad range of behaviours that can result in a finding of harassment, a blanket automatic dismissal may not be appropriate
- However, previous misconduct is an aggravating factor that is considered by the Board
- The RCMP will have an external review completed to ensure the RCMP conduct measures and their application – in cases of all forms of harassment – support a fair and transparent process that meets the public’s expectation of police accountability.
- We have several ways in which we monitor employee conduct or harassment issues. For instance, the RCMP’s National Early Intervention System and the RCMP’s Administrative Case Management Tool
- Any allegation that is criminal in nature is referred to the appropriate local authorities. This is a standard response to any misconduct that has a criminal element
Background:
We will have an external review of the Conduct Measures Guide to ensure the discipline administered is reflective of the misconduct. The Guide was last reviewed in 2014. This external review will consider the recommendations of the Independent Assessors. Ultimately, we will ensure that our conduct measures and their application support a fair and transparent process that meets the public’s expectation of police accountability.
In recent years, we have improved our internal expertise on “trauma-informed” practices. Training in trauma-informed approaches is mandatory for those who engage with complainants in the investigation and resolution process to ensure that complainants are not negatively impacted.
The RCMP will obtain a legal opinion on its ability to prevent a member from retiring prior to the completion of an investigation of sexual harassment. The resignation of a member accused of wrongdoing prior to a dismissal hearing is, in some cases, accepted by a victim as a satisfactory outcome as it pre-empts a protracted hearing, which can be a difficult process. We know that many victims or witnesses are hesitant to testify in a hearing, and may prefer to avoid it.
The RCMP’s National Early Intervention System (NEIS) helps to monitor employee behaviours by alerting supervisors to “check-in” at an early stage with employees who present certain indicators, including having conduct or harassment allegations against them. The NEIS provides guidance and support, through a non-disciplinary process, to address issues that may be impacting work-life balance, health and well-being, or performance.
The RCMP’s Administrative Case Management Tool tracks conduct and harassment files, which can identify members who have been involved in more than one file. Conduct measures include the ability to order “close supervision,” to monitor those who have been found to have harassed employees.
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