"Mounties' Policy Poobah: New Boss' Role Has Mostly Been in Backrooms" by Canadian Press, Ottawa Sun, July 7, 2007, p. 21

References: - The head of the federal police force, the Royal Canadian Mounted Police (RCMP), is appointed by the federal Cabinet (known as the "Governor in Council") and is not required under subsection 5(1) of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ] -- to have experience as a law enforcement officer. However, the person must be sworn in as an officer before accepting the appointment.

- Under subsection 3(1) and 4 of the Director of Public Prosecutions Act (2006, c. 9, s. 121 - first in force in December 2006), the Governor-in-Council (ie. federal Cabinet) appoints director of Public Prosecutions who has the power to initiate prosecutions in "the general and public interest" (ie. when the elected attorney general may be reluctant to prosecute because of political considerations); the director of Public Prosecutions "must be a member of at least 10 years standing at the bar of any province" (ie. a lawyer (the "bar" is the lawyers' association (known as a "Law Society") in each Canadian province, as must be any deputy directors appointed under section 6 of the Act -- [ LINK ]

Peer Review Comments: Having a civilian as head of a police organization is not a problem; rather, it is a solution to the problems experienced by RCMP. In addition, even if RCMP is a federal police agency, it is not the only police agency.

Peer Review Comments: A career bureaucrat and a lawyer, William Elliot, is the federal police force's first-ever civilian commissioner. He has never served in law enforcement, prompting a controversy surrounding his appointment.

References: - "RCMP Can't Probe All Organized Crime Cases, Chief Says: Limited Resources Hurt Investigations" by Jeff Sallot, Globe and Mail, May 9, 2006, p. A5

The article quotes Royal Canadian Mounted Police (RCMP - Canada's federal police force) Commissioner Giuliano Zaccardelli stating that "our best guess is we can tackle one-third or what's out there [in terms of organized crime]" and that "We know there are groups we can't go after."

- "The RCMP's IMET [Integrated Market Enforcement Team] Has Little To Show for Itself" by Globe and Mail editorial board, May, 22, 2006, p. A10

re: federal securities fraud law enforcement agency

- "And Justice for Some: RCMP Market Enforcement Team" by John Gray, Canadian Business magazine, June 5-18, 2006 -- [ LINK ]

- "Review Planned for Crime Agency" Globe and Mail, March 20, 2007 -- [ LINK ]

The article notes that IMET budget increased from $30 (US$30.4 million) million in the 2006-2007 fiscal year to $40 million (US$40.5 million) for 2007-2008.

Peer Review Comments: We should analyze resources according to their results. For a police agency, good indicators are the level of insecurity of the population and level of satisfaction. A police agency will always ask for additional funds simply because it always has something to fight (e.g., drugs, domestic violence, prostitution). However, what should be measured is whether the population is satisfied with the service provided by the agency.

References: - An Internet search produced no public evidence of political interference in the Royal Canadian Mounted Police (RCMP - the Canadian federal police force).

- The head of the federal police force, the Royal Canadian Mounted Police (RCMP), is appointed by the federal Cabinet (known as the "Governor in Council") and is not required under subsection 5(1) of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ] -- to have experience as a law enforcement officer. However, the person must be sworn in as an officer before accepting the appointment.

- Under subsection 3(1) and 4 of the Director of Public Prosecutions Act (2006, c. 9, s. 121 - first in force in December 2006), the Governor-in-Council (ie. federal Cabinet) appoints the director of Public Prosecutions, who has the power to initiate prosecutions in "the general and public interest" (ie. when the elected attorney general may be reluctant to prosecute because of political considerations) to (under section 5) a fixed term of seven years. He/she and can only be removed "for cause with the support of a resolution of the House of Commons to that effect. The director is not eligible to be reappointed for a further term of office"; however, the elected attorney general of Canada can, under section 15, assume responsibility for a prosecution from the director of Public Prosecutions, and so the director is not protected in law from political interference. As the position is newly created, what will happen in practice remains to be seen. [ LINK ]

Peer Review Comments: However, there have been instances in the past when the Mounties (RCMP officers) were accused of political interference. For instance, in the middle of the 2006 federal election campaign, the RCMP announced a criminal investigation into whether a liberal finance minister's office leaked changes to Canada's income trust laws.

Another speech by Mr. Kennedy, on May 9, 2007 summarized the situation in a similar way -- [ LINK ]

- "RCMP Often Rewrote Critical Rulings: Report -- Refusal of Commissioners To Accept Reviews 'Strikes at Core of Civilian Accountability'" by Tim Naumetz, Ottawa Citizen, July 20, 2007, p. A3

- "Force Needs Ombudsman: Top Mountie -- Commissioner Seeks Reform: Expert Warns Change Will Take Time" by Kathryn May, Ottawa Citizen, Sept. 8, 2007, p. A4

- "RCMP's 'Paramilitary' Governance Model Needs Fixing" by Peter Kasurak, Hill Times, Sept. 10, 2007, p. 32

References: - Commission for Public Complaints Against the RCMP -- [ LINK ] -- established under sections 45.29 to 45.34 of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ]

References: - Commission for Public Complaints Against the RCMP -- [ LINK ] -- established under sections 45.29 to 45.34 of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ]

- According to the 2006-2007 fiscal year annual report of the Commission "The chronic backlog of review cases has been cleared for the first time in more than 15 years. In addition, the Commission met its commitment to complete 80 percent of final and interim review reports in less than 120 days. In fact, the average time for completing new review cases was reduced to just 91 days from the previous five-year average of 527 days." -- [ LINK ]

Peer Review Comments: Once again, RCMP is one of the numerous police agencies in Canada. The Public Oversight and Police Complaints Commissioner agencies have a specific time in which to respond to citizens, and the ombudsman office provides a checks-and-balance system to make sure the agenda is respected. In addition, police organizations are paying for the complaint process; therefore, the faster it goes, the better it is for police agencies.

References: - If an officer of the Royal Canadian Mounted Police (RCMP - Canada's federal police force) is involved in a violation of the Criminal Code (R.S., 1985, c. C-46 -- [ LINK ] ) provisions concerning corruption (section 128 especially, and also sections 119 to 122, and 124 to 128), it is required that another police force (municipal or provincial) investigate the RCMP officer.

- Under subsection 3(1) and 4 of the Director of Public Prosecutions Act (2006, c. 9, s. 121 - first in force in December 2006), the Governor-in-Council (ie. federal Cabinet) appoints director of Public Prosecutions who has the power to initiate prosecutions in "the general and public interest" (ie. when the elected attorney general may be reluctant to prosecute because of political considerations); the director of Public Prosecutions "must be a member of at least 10 years standing at the bar of any province" (ie. a lawyer (the "bar" is the lawyers' association (known as a "Law Society") in each Canadian province, as must be any deputy directors appointed under section 6 of the Act -- [ LINK ]

- While there is no specific anti-corruption agency for the Royal Canadian Mounted Police (RCMP - Canada's federal police force), as with almost all federal government institutions, the RCMP is covered by the following government "watchdog" agencies which help ensure corruption does not occur: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- (Auditor General Act R.S., 1985, c. A-17) -- [ LINK ]7" target="_blank">[ LINK ] -- Financial Administration Act (R.S., 1985, c. F-11) -- [ LINK ]

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- http://lois.justice.gc.ca/en/showtdm/cs/A-1

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- Privacy Commissioner -- who investigates complaints about the abuse or disclosure of personal information collected by federal government institutions under the Privacy Act (R.S., 1985, c. P-21) -- [ LINK ]

- The RCMP also has an internal audit process, as do almost all federal government institutions, and an internal discipline process (under Part IV of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ] ) and a Public Complaints Commission under Parts VI and VII of the RCMP Act, and an External Review Committee under Part II of the RCMP Act

- However, during 2006-2007, it was revealed that more than $3 million (US$3.03 million) in funds had been removed from the RCMP's pension and internal insurance funds, and that internal whistleblowers had been demoted or transferred by Commissioner Guiliano Zaccardelli (who resigned over this scandal and other scandals involving law enforcement). As the sources set out below make clear, the situation raised serious questions about the effectiveness of internal RCMP accountability processes, and caused many (including new Commissioner William Elliott) to propose a comprehensive inquiry into the RCMP, and new institutional checks and accountability measures and institutions to ensure that the commissioner of the RCMP, and other senior officers, are not involved in corrupt activities:

- "RCMP Can't Probe All Organized Crime Cases, Chief Says: Limited Resources Hurt Investigations" by Jeff Sallot, Globe and Mail, May 9, 2006, p. A5

- "The RCMP's IMET [Integrated Market Enforcement Team] Has Little To Show for Itself" by Globe and Mail editorial board, May, 22, 2006, p. A10

- "Reticence and the RCMP" by Globe and Mail editorial board, July 19, 2006, p. A12

- "The RCMP's 'Culture of Secrecy': Media Get the Silent Treatment on Killings of Six Mounties" by Katherine Harding and Dawn Walton, Globe and Mail, July 29, 2006, p. F2

- "Chief Feels Heat from His Force: Zaccardelli Grilled over Botched Internal Probe" by Don Martin, National Post, Sept. 30, 2006, p. A5

- "Our Lost Horseman" by Lawrence Martin, Globe and Mail, Dec. 7, 2006, p. A19

- "MPs Fear Cover-Up over RCMP Pension Fund: Attorney-General Report Says $3.1 Million Was Diverted to Other Mountie Accounts" by Jeff Sallot, Globe and Mail, Feb. 22, 2007, p. A8

- "Tales of Corruption Rock RCMP" by Kathryn May, Ottawa Citizen, March 29, 2007, p. A1

- "Inquiry Needed into RCMP" by Toronto Sun editorial board, Toronto Sun, April 19, 2007, p. 18

- "A Lament for the RCMP" by Globe and Mail editorial board May 16, 2007, p. A20

- "Federal Independent Investigator Releases Report on RCMP Pension and Insurance Plans" by Duncan Fulton, Marketwire, June 15, 2007 [ LINK ]

- "RCMP 'Horribly Broken': Former Commissioner Zaccardelli Was 'Autocratic' Leader Who Punished Whistle-Blowers' Investigator Concludes" by Campbell Clark and Daniel Leblanc, Globe and Mail, June 16, 2007, p. A1

- "RCMP 'Institutionally Sick': Expert - Co-Author of Study into Force Found 'Betrayal of Trust' between Managers, Frontline Workers" by Kathryn May, Ottawa Citizen, June 15, 2007, p. A1

- "How to Restore a Broken RCMP" by Globe and Mail editorial board, Globe and Mail, June 16, 2007, p. A20

- Democracy Watch's news release June 19, 2007 [ LINK ]

- "RCMP Nab Alleged Mole: Longtime Mountie Employee Charged with Selling Police Secrets to Montreal Mobsters" by Michel Auger, Ottawa Sun, Aug. 4, 2007, p. 5

- "Force Needs Ombudsman: Top Mountie -- Commissioner Seeks Reform: Expert Warns Change Will Take Time" by Kathryn May, Ottawa Citizen, Sept. 8, 2007, p. A4

- "RCMP's 'Paramilitary' Governance Model Needs Fixing" by Peter Kasurak, Hill Times, Sept. 10, 2007, p. 32

References: - While there is no specific anti-corruption agency for the Royal Canadian Mounted Police (RCMP - Canada's federal police force), as with almost all federal government institutions, the RCMP is covered by the following government "watchdog" agencies which help ensure corruption does not occur: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- (Auditor General Act R.S., 1985, c. A-17) -- [ LINK ]7" target="_blank">[ LINK ] -- Financial Administration Act (R.S., 1985, c. F-11) -- [ LINK ]

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- http://lois.justice.gc.ca/en/showtdm/cs/A-1

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- Privacy Commissioner -- who investigates complaints about the abuse or disclosure of personal information collected by federal government institutions under the Privacy Act (R.S., 1985, c. P-21) -- [ LINK ]

- The RCMP also has an internal audit process, as do almost all federal government institutions, and an internal discipline process (under Part IV of the Royal Canadian Mounted Police Act (R.S., 1985, c. R-10) -- [ LINK ] ) and a Public Complaints Commission under Parts VI and VII of the RCMP Act, and an External Review Committee under Part II of the RCMP Act

- However, during 2006-2007, it was revealed that more than $3 million (US$3.03 million) in funds had been removed from the RCMP's pension and internal insurance funds, and that internal whistleblowers had been demoted or transferred by Commissioner Guiliano Zaccardelli (who resigned over this scandal and other scandals involving law enforcement). As the sources set out below make clear, the situation raised serious questions about the effectiveness of internal RCMP accountability processes, and caused many (including new Commissioner William Elliott) to propose a comprehensive inquiry into the RCMP, and new institutional checks and accountability measures and institutions to ensure that the commissioner of the RCMP, and other senior officers, are not involved in corrupt activities:

- "RCMP Can't Probe All Organized Crime Cases, Chief Says: Limited Resources Hurt Investigations" by Jeff Sallot, Globe and Mail, May 9, 2006, p. A5

- "The RCMP's IMET [Integrated Market Enforcement Team] Has Little To Show for Itself" by Globe and Mail editorial board, May, 22, 2006, p. A10

- "Reticence and the RCMP" by Globe and Mail editorial board, July 19, 2006, p. A12

- "The RCMP's 'Culture of Secrecy': Media Get the Silent Treatment on Killings of Six Mounties" by Katherine Harding and Dawn Walton, Globe and Mail, July 29, 2006, p. F2

- "Chief Feels Heat from His Force: Zaccardelli Grilled over Botched Internal Probe" by Don Martin, National Post, Sept. 30, 2006, p. A5

- "Our Lost Horseman" by Lawrence Martin, Globe and Mail, Dec. 7, 2006, p. A19

- "MPs Fear Cover-Up over RCMP Pension Fund: Attorney-General Report Says $3.1 Million Was Diverted to Other Mountie Accounts" by Jeff Sallot, Globe and Mail, Feb. 22, 2007, p. A8

- "Tales of Corruption Rock RCMP" by Kathryn May, Ottawa Citizen, March 29, 2007, p. A1

- "Inquiry Needed into RCMP" by Toronto Sun editorial board, Toronto Sun, April 19, 2007, p. 18

- "A Lament for the RCMP" by Globe and Mail editorial board May 16, 2007, p. A20

- "Federal Independent Investigator Releases Report on RCMP Pension and Insurance Plans" by Duncan Fulton, Marketwire, June 15, 2007 [ LINK ]

- "RCMP 'Horribly Broken': Former Commissioner Zaccardelli Was 'Autocratic' Leader Who Punished Whistle-Blowers' Investigator Concludes" by Campbell Clark and Daniel Leblanc, Globe and Mail, June 16, 2007, p. A1

- "RCMP 'Institutionally Sick': Expert - Co-Author of Study into Force Found 'Betrayal of Trust' between Managers, Frontline Workers" by Kathryn May, Ottawa Citizen, June 15, 2007, p. A1

- "How to Restore a Broken RCMP" by Globe and Mail editorial board, Globe and Mail, June 16, 2007, p. A20

- Democracy Watch's news release June 19, 2007 [ LINK ]

- "RCMP Nab Alleged Mole: Longtime Mountie Employee Charged with Selling Police Secrets to Montreal Mobsters" by Michel Auger, Ottawa Sun, Aug. 4, 2007, p. 5

- "Force Needs Ombudsman: Top Mountie -- Commissioner Seeks Reform: Expert Warns Change Will Take Time" by Kathryn May, Ottawa Citizen, Sept. 8, 2007, p. A4

- "RCMP's 'Paramilitary' Governance Model Needs Fixing" by Peter Kasurak, Hill Times, Sept. 10, 2007, p. 32

Peer Review Comments: Agencies can start their own investigations in corruption cases because they have the resources and expertise to do so. However, such entities will always try to get a green light from the government before starting any major corruption cases.

References: - All officers of the Royal Canadian Mounted Police (RCMP - Canada's federal police force) are required to comply with the Criminal Code (R.S., 1985, c. C-46 -- [ LINK ] ) provisions concerning corruption (in Part IV, section 128 especially, and also sections 119 to 122, and 124 to 127)

- However, under sections 25 to 33 of Part I of the Criminal Code, RCMP and all other "peace officers" are immune from prosecution when they are enforcing the law (with some limits).

- Under subsection 3(1) and 4 of the Director of Public Prosecutions Act (2006, c. 9, s. 121 - first in force in December 2006), the Governor-in-Council (ie. federal Cabinet) appoints the director of Public Prosecutions who has the power to initiate prosecutions in "the general and public interest" (ie. when the elected attorney general may be reluctant to prosecute because of political considerations); the director of Public Prosecutions "must be a member of at least 10 years standing at the bar of any province" (ie. a lawyer (the "bar" is the lawyers' association (known as a "Law Society") in each Canadian province, as must be any deputy directors appointed under section 6 of the Act -- [ LINK ]

References: - All officers of the Royal Canadian Mounted Police (RCMP - Canada's federal police force) are required to comply with the Criminal Code (R.S., 1985, c. C-46 -- [ LINK ] ) provisions concerning corruption (in Part IV, section 128 especially, and also sections 119 to 122, and 124 to 127)

- However, under sections 25 to 33 of Part I of the Criminal Code, RCMP and all other "peace officers" are immune from prosecution when they are enforcing the law (with some limits).

- Under subsection 3(1) and 4 of the Director of Public Prosecutions Act (2006, c. 9, s. 121 - first in force in December 2006), the Governor-in-Council (ie. federal Cabinet) appoints the director of Public Prosecutions who has the power to initiate prosecutions in "the general and public interest" (ie. when the elected attorney general may be reluctant to prosecute because of political considerations); the director of Public Prosecutions "must be a member of at least 10 years standing at the bar of any province" (ie. a lawyer (the "bar" is the lawyers' association (known as a "Law Society") in each Canadian province, as must be any deputy directors appointed under section 6 of the Act -- [ LINK ]

Peer Review Comments: Excessive use of force by law enforcement officials at different levels is a recurring problem and is drawing public attention. Last summer, a $400,000 civil lawsuit was launched against Calgary's police chief, Jack Beaton, and two constables for allegedly assaulting a suspect during an April 25, 2007 arrest caught on video. The video shows the officers striking the man in the head.

In a different case, an RCMP constable is facing an assault charge and disciplinary review after pepper spraying a prisoner in 2006.

The use of Taser guns has captured headlines in the last few months, including two fatal incidents (although both cases fall outside the study period, they are worth mentioning). A 40-year-old Polish man died after being stunned by a Taser gun at the Vancouver International Airport Oct. 13. Days later in the province of Quebec, a 39-year-old man died in the hospital following two surgeries after being struck by electric shocks from a Taser gun. Montreal police said they used a Taser gun to subdue the suspect because he was aggressive. (Amnesty International reports 15 Taser gun-related deaths in Canada between 2003 and 2006.)

Finally, law enforcement officials are often accused of racial profiling when stopping motorists for traffic violations or routine checks. For example, the Centre for Research-Action on Race Relations (CRARR), a Montreal-based independent public interest organization, filed up to 60 complains with the Quebec Human Rights Commission and the Police Ethics Commissioner between 2006 and 2007. In addition, Canada's first racial profiling study was conducted in the eastern Ontario city of Kingston in 2005 and found police stop a disproportionate number of young black and aboriginal men.

Peer Review Comments: Concern about excessive use of force involving taser guns is also an issue, especially following the case of a Polish immigrant who died after officers from the RCMP twice stunned him with tasers and secured him to the floor at Vancouver Airport (October 2007). Calls for a moratorium on taser gun use have so far been ignored. See [ LINK ]