Complaint into how RCMP handled manhunt for teen killers is with oversight body
Date: July 21, 2020t
Classification: Unclassified
Branch/Agency: CRCC
Issue:
The Toronto Star reported on July 20th that the Civilian Review and Complaints Commission for the RCMP (CRCC) had received a complaint related to the RCMP’s manhunt in British Columbia during the summer of 2019. Allegations outlined in the article include the handling of the search itself as well as a lack of communication with family members. The article stipulates that an RCMP officer appointed to investigate the complaint has finished his report, which is currently being reviewed by the Commission in Ottawa.
Information about the CRCC’s current role in the public complaint process is not accurate.
Proposed Response:
- In the summer of 2019, the RCMP undertook an extensive 17 day search through the western provinces to find the two teenage boys who were suspected, at the time, of having killed several individuals.
- As indicated in a recent news story, a complaint has been made with the (CRCC) related to the RCMP’s handling of their intensive search related to the deaths of Chynna Deese, Lucas Fowler and Leonard Dyck in northern B.C. last fall.
- For privacy reasons, the details of the complaint are not made public.
- As per the current legislation, the complaint was referred to the RCMP for investigation. The CRCC’s role comes after the RCMP’s initial investigation, currently the CRCC is awaiting the details of the RCMP’s investigation.
- Upon the completion of the investigation, the RCMP will provide the complainant and the CRCC a copy of how the complaint was handle.
- If after receiving the RCMP’s final report, the complainant is unsatisfied with the RCMP’s handling of the complaint, they have 60 days to request in writing that the Commission conduct a review of the RCMP’s investigation. This is done at the request of the complainant and not automatically.
- To date, the Commission has not received a copy of the RCMP’s final report, nor has a request for review been made.
Background:
Information about the CRCC’s current role in an RCMP public complaint, was erroneously reported by the Toronto Star on July 20th. This backgrounder aims to explain the RCMP public complaint process so that inaccuracies can be corrected.
The story in question is related to the RCMP’s lengthy search for then suspected killers, Kam McLeod, 19, and Bryer Schmegelsky, 18, for murders that had occurred in northern BC in the summer of 2019.
The CRCC, as indicated in the article has received a complaint filed by a member of the public. Details are not made public, due to privacy reasons.
The article erroneously indicated the CRCC is currently reviewing a report that was finished by the RCMP.
“According to a June letter sent to Schmegelsky, an RCMP officer appointed to investigate the complaint had finished his report, which is being reviewed by the CRCC in Ottawa. Krista Stelkia, a researcher of police oversight, said that the CRCC will decide whether it believes the RCMP's internal investigation into the complaint was adequate. If it determines it was not adequate, the CRCC will then write up its own report, which will be delivered to the RCMP commissioner.”
Public Complaint Process:
When a complaint is made, typically the RCMP carries out the initial investigation. As was done in this case. At the end of the RCMP’s investigation the complainant and the Commission are given a report.
At that point, if a complainant is not satisfied with the RCMP's handling of their complaint, they may request that the Commission conduct a review of the RCMP's investigation. This request must be made in writing within 60 days of having received the RCMP’s final report.
Upon such a request, the Commission obtains all relevant material from the RCMP and assesses the RCMP's investigation of the complaint
The role of the Commission is to make findings after an objective examination of the information available and to make recommendations that improve policy and performance of the RCMP and its members.
If, in conducting its review, the Commission finds the RCMP did not conduct a thorough investigation, the Chairperson can request that the RCMP make further enquiries.
Following its review, if the Commission is satisfied with the RCMP's handling of the complaint, the Chairperson issues a Satisfied Report to the RCMP Commissioner, the Minister of Public Safety, the complainant, and the member(s) involved, thereby ending the review process.
If, at the conclusion of the review, the Commission is not satisfied with the RCMP's handling of the complaint, the Chairperson will issue an Interim Report, outlining various findings and recommendations directed at the RCMP, which will be sent to the RCMP Commissioner and the Minister of Public Safety.
Once the Interim Report has been reviewed by the RCMP, the RCMP Commissioner gives notice, identifying which recommendations the RCMP will act on. If no action is to be taken, the Commissioner must provide reasons.
After receiving the Commissioner's Response, the Chairperson considers the RCMP's position and prepares a Final Report. This report is then provided to the RCMP Commissioner, Minister of Public Safety, the complainant, the member(s) involved, and the appropriate provincial Minister. This completes the Commission's review process.
Current Status:
The complaint investigation remains with the RCMP, no final report has yet been issued as far as the CRCC is aware. No request for review by the complainant has been made for the Commission to review the RCMP’s investigation.
Contacts:
Prepared by: Evelyn Sarault, Director Complaints Intake [Redacted]
Approved by: Michelaine Lahaie, Chairperson, [Redacted]
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