To provide context to the financial figures collected in this study and to determine the average cost per complaint, it was necessary to identify the volume of complaints received and processed through the system per year. Secondary aggregate data on police complaints and serious harm and/or death investigations made against municipal police and the RCMP E Division within British Columbia from 2010/11 to 2014/15 was collected from four key sources:
5. Publically available annual and statistical reports published by the OPCC, IIO and RCMP
6. Submitting ATIP requests to the RCMP for complaints specific to RCMP E Division 7. Written request to the CRCC and RCMP for complaints specific to RCMP E Division 8. Written request to the IIO for operational performance disposition outcomes by
municipal department and RCMP
The data collected was used to uncover the quantity and frequency of public complaints against the police in British Columbia.
To draw correlations among complaints made against municipal police and the RCMP, it was necessary to identify linkable indicators across agencies. As each oversight agency and police organization has their own specific performance measures, the study identified two to three common indicators to make correlations. The indicators used in this study examined the following complaint data for both municipal police and the RCMP:
Number of complaint files opened per year
Number of complaints concluded per year
Complaint allegation outcomes (substantiated, unsubstantiated, informal resolution, etc.)
3.1.2.1. Municipal Police Complaints
Secondary data on the number of complaints made against municipal police was collected from annual and statistical reports published the OPCC. The OPCC has jurisdiction over all municipal police departments in British Columbia, including eleven independent municipal police agencies, one transit police agency, one First Nations police service, and one combined forces special enforcement unit. As the OPCC provides annual statistics on all of the above noted police departments, this will be the primary data source for complaint figures on municipal police.
Complaint data was collected for years 2010/11 to 2014/15 from the OPCC’s annual and statistical reports on all the departments under their oversight jurisdiction.
A complaint made against a municipal police officer will fall into one of three distinct complaint categories: service or policy, internal discipline, or public trust (Canadian Bar Association, 2015b, para. 14; OPCC, 2010, p. 8). Public trust complaints are the most common and generally involve a member of the public who files a complaint against an officer for misconduct. Section 77(3) of the Police Act identifies the following types of misconduct as disciplinary breaches of public trust:
1. Abuse of Authority 8. Discreditable Conduct
2. Accessory to Misconduct 9. Improper Disclosure of Information 3. Corrupt Practice 10. Improper Off-Duty Conduct 4. Damage to Police Property 11. Improper Use of Care and Firearm 5. Damage to Property of Others 12. Misuse of Intoxicants
6. Deceit 13. Neglect of Duty
7. Discourtesy
The OPCC categorizes each public trust complaint into one of the thirteen types of misconduct listed above. For the purpose of this study, the data collected from the annual and statistical reports included how many complaint files were opened per year, by which police agency, complaint categories and types, and allegations concluded.
3.1.2.2. RCMP E Division Complaints
The RCMP is a federal organization that provides policing services in all provinces in Canada. The organization is subdivided into divisions that are designated by the geographical
location, with British Columbia region known as E Division. For the purpose of this study, only complaints made against RCMP E Division officers will be included in the RCMP sample. As the RCMP is a national organization, data on complaints involving RCMP officers is reported in aggregate formats that encompass all divisions. A breakdown of annual complaint figures for RCMP E Division is not publically available and not reported in the RCMP Disciplinary Regime annual report. As a result, data on the number of complaints made against RCMP police officers in British Columbia, for years 2009 to 2014, was obtained through email data requests to the RCMP E Division Professional Standards Unit and CRCC headquarters.
When lodging a complaint, the complainant provides the RCMP or CRCC with details of the incident including where and when the incident occurred, who was implicated, and the series of events that transpired. Once received, the RCMP will determine which allegation categories relate to the nature of the complaint, ensuring that all matters are addressed in the form of allegation. There are 17 allegation categories that can be selected:
1. Improper Attitude 10. Oppressive Conduct 2. Improper Use of Force 11. Improper Arrest
3. Improper Use of Firearms 12. Improper Persons/Vehicles Search 4. Irregularity in Procedure 13. Improper Search of Premises 5. Driving Irregularity 14. Policy
6. Neglect of Duty 15. Equipment
7. Statutory Offences 16. Service 8. Mishandling of Property 17. Other 9. Irregularity in Evidence
Once a complaint allegation has been made against an RCMP officer, there are five findings that can be made by the RCMP:
Substantiated: It was determined, during the course of the investigation, that the allegation was supported by the RCMP.
Unsubstantiated: It was determined, during the course of the investigation, that the allegation was not supported by evidence and therefore not supported by the RCMP.
Informally Resolved: The complainant and the RCMP agreed upon a satisfactory resolution prior to the investigation being launched.
Terminated: The RCMP may terminate a complaint, and subsequent allegations, if the complaint met the criteria for termination, pursuant to section 45.36(5) of the RCMP Act.
Withdrawn: The complainant may withdraw their complaint, and subsequent allegations, at any point during the complaint process.
3.1.2.3. Death or Serious Harm Investigations
Incidents involving police-related death or serious harm by municipal police or RCMP officers are investigated and overseen by the IIO. Secondary aggregate data was collected from the IIO’s annual reports, under Operational Performance, including how many investigations were opened per year, which police agency was involved, investigation by injury type, and case disposition. A written request was made to the IIO for operational performance disposition outcomes by municipal department and RCMP and the data was received within a few days. An annual breakdown on the outcome dispositions, which include public reports, open investigations and reports to Crown, were provided for three fiscal year periods.