AAPG 2019 – Medicine Hat

1. AAPG 2019 – Medicine Hat The role of the Public Complaint Director and complaint oversight Presented by Heather Spicer Calgary Police Commission Executive Director

2. The calgary police commission’s mandate

3. Public Oversight Commission members have a special view into policing, through the lens of a citizen. Members represent community residents, and help ensure the police service is addressing the crime and safety concerns of the community.

4. PCD The Police Act requires that commissions and committees appoint a Public Complaint Director to receive complaints and help the commission or committee fulfill its complaint oversight obligations. s. 28.1(1) s. 23(14)(h)

5. Key Legislation • Police Act • Police Services Regulation • Commission Bylaw (City of Calgary) • Freedom of Information & Protection of Privacy Act (FOIP) • CPC Policies and Guidelines

6. Complaints The PCD is only responsible for receiving a Police Act “complaint”. s. 42.1 - says a complaint must be about the conduct of a police officer, or policy, or service provided - limits who may complain - sets out the formal requirements of a complaint

7. PCD’s role Through the PCD, the commission monitors the public complaint process which is administered by the service. The commission also handles complaints regarding the chief of police, and appeals regarding the policies of, or services provided by, the service.

8. Key responsibilities Section 28.1(3) • Receive • Liaise • Review • Report The PCD does NOT investigate, advocate, represent, advise, assess, approve, determine… What’s left? Suggest, recommend…

9. The role of the service As the designate of the chief, the “internal affairs” section of the service (Professional Standards Section at CPS) takes each complaint, assesses it, follows up with the complainant, and follows its established process to resolve, dispose of, or determine the complaint.

10. CPS PSS Intake

11. CPS PSS Investigation

12. RCMP • A complainant may be directed by the PCD to the detachment commander or the CRCC • CRCC Professional Responsibility (AB) detachment commander for investigation • Professional Responsibility reviews the findings and drafts a letter to the complainant • National Public Complaint Directorate (RCMP in Ottawa) reviews, and the letter is sent • Review avenue is through the CRCC • Outcomes are educational/remedial

13. ASIRT Established under section 46.2(1) of the Police Act, the Alberta Serious Incident Response Team (ASIRT) investigates incidents involving Alberta's police that have resulted in serious injury or death to any person, as well as serious or sensitive allegations of police misconduct.

14. Complaints against the Chief Threshold test: Might the alleged conduct constitute a breach of the PSR or other legislation (criminal code)?

15. Day to day… Complainants may contact the PCD by whatever method the commission and PCD offer: - phone - email - letter - fax - in person The extent of the role is somewhat flexible.

16. Reporting • To commission • To the Director of Law Enforcement • Relationship with the Provincial PCD and the Law Enforcement Oversight Branch

17. Limitations of the role – LERB inquiry [Para 186] The CPC’s public complaint director, in the Board’s view, did everything within her authority under the Act to have the Arkinstall matter investigated. However, her authority was so limited that there was little she could do beyond letter-writing and conversations to move the matter forward.

18. Pitfalls & Recommendations Overstepping Setting unachievable expectations Failing to prioritize safety Have standard procedures to follow Develop relationships

19. Considerations when selecting a PCD Strong communicator and empathetic listener Comfortable setting boundaries Understands regulatory regimes Committed to work well with the service Willing to be accessible

20. Looking forward…

21. Looking forward… Finally, some much-needed civilian oversight for the RCMP By Star Editorial Board Thu., Jan. 17, 2019 Ottawa has finally decided to introduce the RCMP to the concept of civilian oversight in a bid to modernize and improve the way Canada’s national police force operates. It’s an important, albeit long overdue, move. RCMP Commissioner Brenda Lucki and Public Safety Minister Ralph Goodale speak about the new civilian oversight board.  (JUSTIN TANG / THE CANADIAN PRESS)

22. RCMP CRCC The Civilian Review and Complaints Commission for the RCMP (CRCC) is an independent agency. Created by Parliament in 1988, the Commission ensures that public complaints made about the conduct of RCMP members are examined fairly and impartially. The Commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP’s handling of their complaints. The Commission is not part of the RCMP.

23. Looking forward… The LERB, in the Arkinstall Inquiry report, made 20 recommendations, including a call for: -provision of clear and easily accessible information to the public on making complaints. - enshrining the ability of police commissions' public complaint directors to open complaint files and recommend specific investigative steps. 

24. Questions? Calgary Police Commission 650 – 615 MacLeod Trail SE Calgary, Alberta T2G 4T8 (403) 428-8914 cpced@calgarypolicecommission.ca cpcpcd@calgarypolicecommission.ca www.calgarypolicecommission.ca