Royal Canadian Mounted Police Public Complaints Commission, Re, (1993) 61 F.T.R. 210 (TD)

• Judge: MacKay, J.
• Court: Federal Court (Canada)
• Case Date: April 13, 1992
• Jurisdiction: Canada (Federal)
• Citations: (1993), 61 F.T.R. 210 (TD)

RCMP Public Complaints Comm., Re (1993), 61 F.T.R. 210 (TD)

MLB headnote and full text

In The Matter Of Parts VI and VII of the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, as amended;

In The Matter Of a Complaint, dated August 8, 1990, made to the Royal Canadian Mounted Police Public Complaints Commission by John Ross Colvin in respect of alleged conduct of Norman Inkster, the Commissioner of the Royal Canadian Mounted Police;

In The Matter Of a Complaint, dated August 13, 1990, made to the Royal Canadian Mounted Police Public Complaints Commission by John Ross Colvin in respect of alleged conduct of Henry Jensen, a former Deputy Commissioner of the Royal Canadian Mounted Police;

And In The Matter Of an application by way of special case stated for opinion of the Federal Court, Trial Division, pursuant to paragraph 17(3)(b) of the Federal Court Act, R.S.C. 1985, c. F-7.

(T-2417-91)

Indexed As: Royal Canadian Mounted Police Public Complaints Commission, Re

Federal Court of Canada

Trial Division

MacKay, J.

February 23, 1993.

Summary:

The Royal Canadian Mounted Police Public Complaints Commission and the Attorney General of Canada directed a stated case to determine if the Commission had jurisdiction under Parts VI and VII of the Royal Canadian Mounted Police Act to entertain a complaint concerning the alleged conduct of (1) the Commissioner of the RCMP; (2) a member of the RCMP or other person appointed or employed under the authority of the Act who ceased to be such (i) prior to initiation of the complaint or (ii) after initiation of the complaint, but prior to its resolution.

The Federal Court of Canada, Trial Division, answered questions 1 and 2(ii) in the affirmative and question 2(i) in the negative.

Civil Rights - Topic 8588

Canadian Charter of Rights and Freedoms - Practice - Notice to Attorney General - Parties requested the court to construe the Royal Canadian Police Act in a manner consistent with the Charter, but failed to notify the provincial attorneys general under s. 57 of the Federal Court Act - The Federal Court of Canada, Trial Division, concluded that s. 57 did not require notice to be given where "... there was no direct request for the court to rule on the validity, applicability or operability, in a constitutional sense, of the Act" - See paragraphs 4 to 10.

Police - Topic 4281

Internal organization - Royal Canadian Mounted Police Public Complaints Commission - General - The Federal Court of Canada reviewed the legislative regime and the purposes of Part VII of the Royal Canadian Mounted Police Act which provides the process for dealing with public complaints - See paragraphs 11 to 16.

Police - Topic 4285

Internal organization - Royal Canadian Mounted Police Public Complaints Commission - Jurisdiction - The Federal Court of Canada, Trial Division, concluded that a "member" of the Force as used in part VII of the Royal Canadian Mounted Police Act included the Commissioner of the RCMP and that complaints about the Commissioner's alleged conduct from a member of the public or initiated by the Chairman, were within the jurisdiction of the Royal Canadian Mounted Police Public Complaints Commissioner - See paragraphs 17 to 43.

Police - Topic 4285

Internal organization - Royal Canadian Mounted Police Public Complaints Commission - Jurisdiction - The Federal Court of Canada, Trial Division concluded that the Royal Canadian Mounted Police Public Complaints Commission lacked jurisdiction under Part VII of the Royal Canadian Mounted Police Act to investigate a complaint concerning the conduct of a person who retires or ceases to be appointed under the Act before a complaint is initiated - However, the Commission had jurisdiction to investigate a complaint concerning the conduct of a person who retires or ceases to be appointed under the Act after a complaint is initiated, but before it is resolved - See paragraphs 44 to 69.

Police - Topic 6621

Police commission - Duties of commissioner - General - The Federal Court of Canada, Trial Division, reviewed the responsibilities of the Commissioner of the Royal Canadian Mounted Police in relation to the process for dealing with complaints from members of the public - See paragraphs 26, 27 and 37.

Cases Noticed:

Tétreault-Gadoury v. Canada (Employment and Immigration Commission), [1989] 2 S.C.R. 1110, refd to. [para. 7].

Royal Canadian Mounted Police Act, Re, [1991] 1 F.C. 529; 123 N.R. 120 (C.A.), consd. [para. 14].

Roncarelli v. Duplessis, [1959] S.C.R. 121; 16 D.L.R.(2d) 689, refd to. [para. 41].

Canadian Javelin Ltd., Re; Sparling et al. v. Smallwood, [1982] 2 S.C.R. 686; 44 N.R. 571; 14 D.L.R.(3d) 39; 68 C.P.R.(2d) 145, refd to. [para. 41].

Operation Dismantle Inc. et al. v. Canada et al., [1985] 1 S.C.R. 441; 59 N.R. 1; 18 D.L.R.(4th) 481; 13 C.R.R. 287; 12 Admin. L.R. 16, refd to. [para. 41].

Carey v. Ontario et al., [1986] 2 S.C.R. 637; 72 N.R. 81; 20 O.A.C. 81; 35 D.L.R.(4th) 161; 59 O.R.(2d) 352, refd to. [para. 41].

Nelles v. Ontario et al., [1989] 2 S.C.R. 170; 98 N.R. 321; 35 O.A.C. 161; 60 D.L.R. (4th) 609; 71 C.R.(3d) 358; 42 C.R.R. 1; 41 Admin. L.R. 1, refd to. [para. 41].

Maurice v. Priel, McKeague and Walker, [1989] 1 S.C.R. 1023; [1989] 3 W.W.R. 673; 96 N.R. 178; 77 Sask.R. 22; 58 D.L.R.(4th) 736; 36 Admin. L.R. 169, appld. [para. 48].

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143; 91 N.R. 255; 56 D.L.R.(4th) 1, refd to. [para. 52].

Rutherford v. R. (1983), 4 C.M.A.R. 262 (C.A.), consd. [para. 56].

Samuels v. Council of College of Physicians and Surgeons (Sask.) (1966), 57 W.W.R (N.S.) 385; 58 D.L.R.(2d) 622 (Sask. Q.B.), refd to. [para. 56].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(f) [para. 59]; sect. 15 [paras. 5, 52, 59].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 17(3)(b) [para. 1]; sect. 19 [para. 5]; sect. 57 [para. 4 et seq.].

Judges Act, R.S.S. 1978, c. J-1, generally [para. 57].

Legal Profession Act, R.S.S. 1978, c. L-10, generally [para. 57].

National Defence Act, R.S.C. 1970, c. N-4, sect. 55(1), sect. 55(2) [para. 59].

Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sect. 2 [paras. 23, 46]; sect. 5 [paras. 19, 23]; sect. 5(1) [para. 23]; sect. 5(2) [para. 27]; sect. 12.1 [para. 30]; sect. 21, sect. 21(1)(a), sect. 21(2)(a) [para. 46]; sect. 24(1) [para. 19]; sect. 37 [para. 37]; sect. 42(6) [para. 30]; sect. 45.4 [para. 26]; sect. 45.14(1), sect. 45.16, sect. 45.24(1), sect. 45.26 [para. 30]; sect. 45.28 [para. 47]; sect. 45.35 [paras. 13, 26, 28, 33, 45, 53]; sect. 45.36 [para. 26]; sect. 45.37 [paras. 13, 26, 28, 33, 45]; sect. 45.38 [paras. 26, 55]; sect. 45.39, sect. 45.41(2)(a), sect. 45.41(2)(b) [para. 26]; sect. 45.43 [para. 12 et seq.]; sect. 45.43(1) [paras. 18, 23, 28]; sect. 45.43(2), sect. 45.45(14) [para. 35]; sect. 45.46 [para. 26]; sect. 45.46(1), sect. 45.46(2) [para. 35].

Royal Canadian Mounted Police Code of Conduct, generally [para. 30].

Royal Canadian Mounted Police Act Regulations (Can.) (1988), sect. 19 [para. 46].

Royal Canadian Mounted Police Act Regulations (Can.), Standing Orders, SOR/ 88-522, sect. 10 [para. 55].

Rules of the Supreme Court of Canada, rule 32 [paras. 6, 7].

Counsel:

Eleanore A. Cronke and James C. MacPherson, for the RCMP Public Complaints Commission;

Brian A. Crane, for the Attorney General of Canada;

Leslie A. Vandor, for Henry Jensen.

Solicitors of Record:

Fasken, Campbell and Godfrey, Toronto, Ontario, for the plaintiff;

Osgoode Hall Law School, North York, Ontario, for the plaintiff;

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the defendant;

McMaster, Meighen, Ottawa, Ontario, for Henry Jensen.

This matter was heard at Ottawa, Ontario, on April 13, 1992, before MacKay, J., of the Federal Court of Canada, Trial Division, who delivered judgment on February 23, 1993.