RCMP WATCHDOG ? HARDLY.

*** We've already seen the attitude towards those who staffed the previous watchdog - the principle of obfuscation will see to it quickly losing its credibility. Big deal - the watchdog can recommend but that's it. Wait for political intervention? That'll be the day. MS ***

FROM: http://www.thestar.com/news/canada/article/823336--new-watchdog-to-have-more-bite-over-mounties


OTTAWA—The federal government is creating a new watchdog over the RCMP, but at least one critic says it lacks real bite.

The enhanced civilian review body, which replaces the Commission for Public Complaints against the RCMP, will have new powers to subpoena witnesses and compel the production of documents.

Public Safety Minister Vic Toews introduced legislation Monday to create the new oversight agency. He called it a step toward rehabilitating the tarnished image of the Mounties in the wake of the Robert Dziekanski tragedy and other incidents.

However, the NDP says it doesn't go far enough to prevent another case like Dziekanski, a Polish immigrant who died after being Tasered by Mounties.

The new legislation would entrench into law an RCMP oversight policy that went into effect in February that calls on an outside organization to investigate the conduct of a Mountie involved in a death.

“All of us are concerned that the RCMP continues to be a premier law enforcement agency, not only in Canada but all around the world,” Toews said. “Giving this commission these types of powers will ensure that that reputation can be maintained and strengthened.”

There will be limitations to the oversight body's new powers. The recommendations of its investigations are not binding and are subject to the final say of the RCMP commissioner or the public safety minister.

If recommendations are ignored on a regular basis, Toews said, “that would then call for some kind of political intervention, and that is in fact allowed for under the statute.”

The Conservatives originally announced the new oversight agency for the Mounties in March when they tabled their last budget. The budget earmarked $8 million over two years to set up the body.

Toews said the new commission will receive $10.2 million a year, of which $5 million will be new funding that will help it hire independent observers, conduct joint investigations with other review bodies, and policy reviews of the RCMP.

New Democrat MP Nathan Cullen called the announcement a lost opportunity to create meaningful oversight of the RCMP. He said the new bill would have made little difference in the Dziekanski case or the fatal shooting of a constituent, Ian Bush, in his B.C. riding five years ago.

“This is a bigger watchdog, but (it) still has no teeth.”

Cullen and Toews clashed over the fact that the recommendations of the new body would be non-binding. Cullen said the government should have created an independent special investigations with its own investigators, while Toews pointed out that even the auditor general's recommendations are not binding on the government.

“While the minister says this is giving increased powers, it's increased powers to make suggestions rather than to change things. And what we need to do is change things,” Cullen said.

Justice Dennis O'Connor, whose commission examined the role Canadian officials played in the Maher Arar case, had called for an overhaul of the Mounties' complaints commission to give it new powers to monitor RCMP intelligence activities. Arar, a Canadian citizen, was deported to Syria by U.S. authorities in 2002, where he was tortured.

O'Connor's inquiry concluded that the Mounties provided inaccurate information to the U.S. that very likely led to Arar being sent to Syria.

Toews said the new commission would still be subject to national security exemptions, particularly Section 38 of the Canada Evidence Act that allows the government to withhold evidence or information in the name of national security.

RCMP WILL NOT INVESTIGATE ITS OWN

*** Parliamentary level oversight is the only solution. CSIS does it, others do it, why leave the RCMP at a disadvantage by denying them similar accountability? These people need tools to get the job done - let's help them do so. MS ***

FROM: http://www.thestar.com/news/canada/article/760909--rcmp-won-t-be-investigating-its-own

OTTAWA–The RCMP says it will start using outside experts to investigate serious incidents involving Mounties in response to longstanding concerns about conflict of interest.

Commissioner William Elliott said Thursday that cases in which officers are linked to death, serious injury or criminal behaviour will be referred to federal or provincial organizations – such as Ontario's Special Investigations Unit – for review.

Where no such agencies exist, the new policy allows the national force to ask an "external law-enforcement agency or other duly authorized investigative agency" to conduct the probe. In cases where that's not possible, the RCMP may appoint at least two Mounties from another province, along with independent observers to review their findings.

Any officers assigned to investigate their own will be screened for possible conflict and, where possible, the primary investigator should outrank the subject of the probe.

Elliott said the RCMP "must strive to be as open and transparent as possible and fully accountable" for its actions.

"We would prefer the RCMP never to be called upon to conduct investigations of our employees."

Until now, the national police force has had discretion to decide how such investigations unfold.

Several recent incidents have highlighted the contentious subject of police investigating police. They include the headline-making case of Robert Dziekanski, who died at the Vancouver airport in 2007 after being hit with an RCMP Taser, and that of Ian Bush, shot and killed by a Mountie in B.C. five years ago.

The government welcomed the RCMP announcement. But New Democrat MP Nathan Cullen said the RCMP plan doesn't go far enough because it won't ensure the impartiality of a fully independent, civilian investigative unit.

"That's the gold standard, that's the measure that the RCMP ought to go to," Cullen said, citing Ontario's unit as a workable model.

"It's going to take Parliament to get this thing right. The RCMP can make these half-measures, but it's going to be up to the politicians.

Last August, the Commission for Public Complaints Against the RCMP said the Mounties should not investigate their own members in the most serious cases – especially when someone has died – in order to avoid conflict of interest.

Kevin Brosseau, senior director of operations for the commission, said Thursday the RCMP's plan "is an excellent first step." But he noted that very few provinces have – or plan to create – investigative units to conduct independent probes of alleged offences involving law enforcement, meaning police will still be probing police in some cases.

Brosseau said it's up to the remaining jurisdictions to "step up and close the gap" with legislation.

Calling the new policy an interim measure, Elliott said the RCMP encourages adoption of independent investigative bodies for all jurisdictions. "It is not a complete solution, and we don't pretend that it is."

Public Safety Minister Vic Toews said: "This demonstrates the RCMP's commitment to becoming stronger, more accountable."

In its report last August, the RCMP complaints commission identified several "inappropriate" patterns in a sampling of case files:

One-quarter of primary investigators personally knew the member under scrutiny.

In 60 per cent of cases, a single investigator was assigned, placing the probe at risk for potential conflict of interest or perception of bias.

In almost one-third of cases, the primary investigator was of the same or lower rank as the subject member, creating potential for intimidation.