Royal Canadian Mounted Police Act

Marginal note:Informal disposition

• 45.36 (1) The Commissioner shall consider whether a complaint under subsection 45.35(1) can be disposed of informally and, with the consent of the complainant and the member or other person whose conduct is the subject-matter of the complaint, may attempt to so dispose of the complaint.

• Marginal note:Statements not admissible

  (2) No answer or statement made, in the course of attempting to dispose of a complaint informally, by the complainant or the member or other person whose conduct is the subject-matter of the complaint shall be used or receivable in any criminal, civil or administrative proceedings other than, where the answer or statement was made by a member, a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

• Marginal note:Record of informal disposition

  (3) Where a complaint is disposed of informally, a record shall be made of the manner in which the complaint was disposed of, the complainant’s agreement to the disposition shall be signified in writing by the complainant and the member or other person whose conduct is the subject-matter of the complaint shall be informed of the disposition.

• Marginal note:Investigation

  (4) Where a complaint is not disposed of informally, the complaint shall be investigated by the Force in accordance with rules made pursuant to section 45.38.

• Marginal note:Right to refuse or terminate investigation

  (5) Notwithstanding any other provision of this Part, the Commissioner may direct that no investigation of a complaint under subsection 45.35(1) be commenced or that an investigation of such a complaint be terminated if, in the Commissioner’s opinion,

  • (a) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided under any other Act of Parliament;

  • (b) the complaint is trivial, frivolous, vexatious or made in bad faith; or

  • (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.

• Marginal note:Notification of complainant and member

  (6) Where the Commissioner makes a direction in respect of a complaint pursuant to subsection (5), the Commissioner shall give notice in writing to the complainant and, if the member or other person whose conduct is the subject-matter of the complaint has been notified under subsection 45.35(4), to that member or other person, of the direction and the reasons therefor and the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the direction.