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Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Act current to 2019-07-29 and last amended on 2019-07-12. Previous Versions

PART VIIInvestigation, Review and Hearing of Complaints (continued)

Investigation by the Commission

Marginal note:Complaints

  •  (1) After receiving or being notified of a complaint made under this Part, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.

  • Marginal note:Notice to Commissioner and Minister

    (2) The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section.

  • 2013, c. 18, s. 35

Marginal note:Right to terminate investigation

  •  (1) The Commission may decide to discontinue an investigation of a complaint if, in the Commission’s opinion,

    • (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) applies; or

    • (b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.

  • Marginal note:Obligation to discontinue investigation

    (2) The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies.

  • Marginal note:Referral — National security

    (2.1) The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.

  • Marginal note:Notice to the Commissioner and complainant

    (3) Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.

  • Marginal note:Notice — application of subsection (2.1)

    (3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant.

  • Marginal note:Notice to member and other persons

    (4) After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1).

  • 2013, c. 18, s. 35
  • 2019, c. 13, s. 43

Marginal note:Consolidation of complaints

 The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation, review or hearing.

  • 2013, c. 18, s. 35

Marginal note:Updates with respect to investigation

 The Commission shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Commission’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.

  • 2013, c. 18, s. 35

Referral of Complaints to Commission

Marginal note:Referral to Commission

  •  (1) A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review.

  • Marginal note:Extension of time limit

    (2) The Commission may extend the time limit for referring a complaint to the Commission for review if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

  • Marginal note:Material to be provided

    (3) If a complainant refers a complaint to the Commission under subsection (1),

    • (a) the Commission shall notify the Commissioner that the complaint has been referred to the Commission; and

    • (b) the Commissioner shall provide the Commission with a copy of the notice given under subsection 45.61(3) or the report sent under section 45.64.

  • 2013, c. 18, s. 35

Marginal note:Review by Commission

  •  (1) The Commission shall review every complaint referred to it under section 45.7.

  • Marginal note:Commission satisfied

    (2) If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s decision or report, the Commission shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

  • Marginal note:Commission not satisfied

    (3) If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s decision or report or considers that further inquiry is warranted, the Commission may

    • (a) prepare and send to the Minister and the Commissioner a report in writing setting out any findings it sees fit with respect to the Commissioner’s decision or report and any recommendations it sees fit with respect to the complaint;

    • (b) request that the Commissioner direct the Force to investigate or further investigate the complaint; or

    • (c) investigate or further investigate the complaint or institute a hearing to inquire into the complaint.

  • 2013, c. 18, s. 35

Marginal note:Commissioner’s response

  •  (1) The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.

  • Marginal note:Commission’s final report

    (2) After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.

  • 2013, c. 18, s. 35

Hearings

Marginal note:Hearing

  •  (1) If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

  • Marginal note:Deeming

    (2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.

  • Meaning of parties

    (3) In this section, parties means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of the complaint and the complainant.

  • Marginal note:Notice

    (4) The Commission shall serve a notice in writing of the time and place set for the hearing on the parties.

  • Marginal note:Sittings of Commission

    (5) The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission.

  • Marginal note:Hearings in public

    (6) A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion

    • (a) that information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities will likely be disclosed during the course of the hearing;

    • (b) that information that could reasonably be expected to be injurious to law enforcement will likely be disclosed during the course of the hearing;

    • (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing;

    • (d) that information that could reasonably be expected to reveal privileged information, as defined in subsection 45.4(1), will likely be disclosed during the course of the hearing; or

    • (e) that it is otherwise required by the circumstances of the case.

  • Marginal note:Rights of persons interested

    (7) The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.

  • Marginal note:Representation of witnesses

    (8) The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel.

  • Marginal note:Designated officer

    (9) The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person.

  • Marginal note:Privilege

    (10) If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel.

  • Marginal note:Expenses

    (11) If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.

  • 2013, c. 18, ss. 35, 77
 
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