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

Act current to 2022-06-20 and last amended on 2019-07-12. Previous Versions

PART VIIInvestigation, Review and Hearing of Complaints (continued)

Representations

Marginal note:Right to make representations

  •  (1) If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact on the person:

    • (a) the complainant;

    • (b) the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed; and

    • (c) the individual who has written permission to make the representations from the individual at whom the conduct was directed.

  • Marginal note:Disclosure and use

    (2) Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting the making of representations under subsection (1).

  • 2013, c. 18, ss. 35, 77

Marginal note:Records of complaints

  •  (1) The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant.

  • Marginal note:Making record available

    (2) Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1).

  • 2013, c. 18, s. 35

Chairperson-initiated Complaints

Marginal note:Complaints initiated by Chairperson

  •  (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I, the Chairperson may initiate a complaint in relation to that conduct.

  • Marginal note:Chairperson is complainant

    (2) Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1), a reference to the Chairperson.

  • Marginal note:Notice to Commissioner and Minister

    (3) The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1).

  • Marginal note:Notice to member

    (4) Immediately after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’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

Investigation of Complaints by the Force

Marginal note:Investigation by the Force

  •  (1) Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part.

  • Marginal note:Restriction on power to investigate

    (2) The Force shall not commence or continue an investigation of a complaint if the Commission has notified the Commissioner that it will investigate that complaint or institute a hearing to inquire into that complaint.

  • 2013, c. 18, s. 35

Marginal note:Right to refuse or terminate investigation

  •  (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’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) or subsection 45.53(3) applies; or

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

  • Marginal note:Duty to refuse or terminate investigation

    (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

  • Marginal note:Notice to complainant and member

    (3) If the Commissioner directs the Force to not commence or continue an investigation of a complaint, the Commissioner shall give notice in writing to the complainant and the member or other person whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after being notified of the decision, if the complainant is not satisfied with the decision.

  • Marginal note:Notice to the Commission

    (4) The Commissioner shall notify the Commission of any action he or she takes under this section.

  • 2013, c. 18, s. 35

Marginal note:Rules

 The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.

  • 2013, c. 18, s. 35

Marginal note:Updates with respect to the investigation

 The Commissioner 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 Commissioner’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

Marginal note:Report

 As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complainant, the member or other person whose conduct is the subject matter of the complaint and the Commission a report setting out

  • (a) a summary of the complaint;

  • (b) the findings of the investigation;

  • (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and

  • (d) the complainant’s right to refer the complaint to the Commission for review, within 60 days after receiving the report, if the complainant is not satisfied with the disposition of the complaint.

  • 2013, c. 18, s. 35

Powers of the Commission in Relation to Complaints

Marginal note:Powers

  •  (1) The Commission may, in relation to a complaint before it,

    • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;

    • (b) administer oaths;

    • (c) receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and

    • (d) make any examination of records and any inquiries that the Commission considers necessary.

  • Marginal note:No excuse

    (2) No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.

  • Marginal note:Inadmissibility

    (3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

    • (a) a prosecution under section 132 or 136 of the Criminal Code; or

    • (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.

  • Marginal note:Restriction

    (4) Despite subsection (1), the Commission shall not receive or accept

    • (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5);

    • (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or

    • (c) any answer or statement made in the course of attempting to dispose of a complaint under section 45.56.

  • Marginal note:Restriction

    (5) Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2).

  • Marginal note:Witness fees

    (6) Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.

  • 2013, c. 18, ss. 35, 77

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).

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
 
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