EL LÍDER DEBE PROMOVER LA REALIZACIÓN DE LOS VALORES

By examining the police complaint system from a macro level analysis, this study has identified efficiencies and improvements that can enhance the current system. The findings of this research reveal that while the province of BC has one the leading complaint systems, nationally and internationally, there are areas that can be improved to enhance the system to be more efficient, cost effective, and timely. The research findings have presented some potential opportunities where recommendations can be made and policies can be implemented to enhance the current status of the police oversight system.

The lack of direct oversight of RCMP investigations into complaints lodged against their members is valid concern that needs to be addressed. At present, all allegations made against RCMP officers are investigated internally and discipline imposed is done at the sole discretion of the RCMP. This is a clear example of police investigating police. If the complainant is not satisfied with the outcome of the investigation, they can request an external review by the RCMP oversight body, CRCC. However, this occurs after the entire internal RCMP investigation is

conducted without any form of oversight. A recommendation of this research is to provide the CRCC with the legislative power to oversee and monitor all complaint investigations conducted by the RCMP. Not only will this allow the CRCC to have similar oversight status as the OPCC, it will raise the level of accountability in dealing with complaints against the RCMP and increase the level of public confidence in the RCMP complaint process.

With the current two-tier oversight system that exists within BC, having a majority of police officers fall under one system and the remaining minority under another system creates challenges around consistency and accountability in police services across the province. On the public facing side, having two systems can result in confusion for anyone filing a complaint. A recommendation of this study is to create and establish a centralized intake center where members of the public can put forward a complaint against any police officer in the province and this agency will ensure that the complaint is received by the correct organization. If there is one common intake form and process, then there is no way for a complaint to get lost within the system. One participate described this approach as the “no wrong door” approach to handling complaints. This will not only help ensure complaints against the police are forwarded to the appropriate policing agency, but it also ease the complexity when members of the public file a complaint.

With a high number of complaints made against police officers are relatively minor, there should be more legislative changes to enhance the use of informal resolution. Under the current legislation for both RCMP and municipal, informal resolution is voluntary and most commonly suitable for incidents that are minor and do not involve serious harm, a reported injury or death involved. While complainants and police officers involved in a complaint are encouraged to participate in the informal resolution process, there is no legislative support to facilitate mandatory informal resolution for minor complaints. In the province of Quebec, the Police Ethics Commission has legislated mandatory alternative dispute resolution and has seen a substantial increase in complaints being resolved through this avenue. As study results found, informal resolution is the second highest category for complaint outcomes within the province of British Columbia. Not only does ADR resolve a large volume of minor complaints and reduce time and cost when compared to conducting a full professional standards investigation, it also can increase public confidence in the police. To assist in reducing the

administrative burden that is facing the current police complaint system, the use of mandatory ADR may aid in resolving minor complaints entering the system.

Another recommendation that will transformative impacts on how discipline is administered within the province, for both RCMP and municipal police agencies, is the creation of a disciplinary matrix. Establishing a sentencing matrix that outlines the type of corrective or disciplinary outcome that proceeds a certain type of misconduct would greatly contribute towards standardizing the discipline received by officers. Given that the most expensive parts of oversights explored within this study include judicial reviews and public hearings, having a standardized discipline model imposed across all breaches of conduct will not only streamline the system but it will also ensure consistency in accountability across all police agencies.

As one of the principal values of the police complaint and oversight system is transparency, a recommendation as a result of this study would be to have more detailed and transparent reporting of public complaints against the police. Each oversight organization reports their annual statistical figures different, with some more detailed than others. To be more open and transparent, detailed reporting should become standardized. In addition, professional standards units from each police department or detachment should produce and publish annual reports that will be made available to the public. While oversight organizations such as the OPCC publish aggregate data on municipal department figures, having each professional standards unit publish an annual report on complaint trends, annual budget/expenditures and staffing levels would increase the level of transparency and public faith held towards professional standards units.

Throughout the process of this study, there have been many challenges and barriers in to obtaining figures from the RCMP in contract to municipal police departments and oversight agencies. As the RCMP is Canada’s largest police force and is typically referenced as an iconic image of Canadian culture, their approach to transparency and accountability towards the public requires further commitment despite the recent enactment of Bill C-42: Enhancing Royal Canadian Mounted Police Accountability Act. The low level of transparency and barriers to accessing RCMP data requires significant work.

The stark difference between the process for obtaining data from municipal departments

in itself. After submitting two separate ATIP requests for data on professional standards budgets for E division, I was direct to contact each detachment level. There are currently 152 detachments in the RCMP E division and based off the responses received from several detachments, along with RCMP headquarters, 152 ATIP requests would be required to obtain the data. While there were supportive responses from members of the senior executive level to supply data, it was not transcendent at the detachment level. The end result is a system that makes it very challenging, if not impossible, to obtain the desired figures. As a researcher, having challenges in acquiring data can only be met with thoughts on how members of the general public, or even minority populations, can obtain information from the RCMP. As a result, a recommendation of this research is to remove the ten dollar ATIP request fee that is required to submit an online access to information request for data. If the RCMP is serious about making changes to how it is perceived as an organization and dedicating to making meaningful changes to their engagement with the public, their interactions with members of the public need to be more informative.