Departmental Plan 2020-21

The Honourable William Sterling Blair, P.C., C.O.M. M.P.
Minister of Public Safety and Emergency Preparedness

ISSN 2371-7823

I am pleased to present the RCMP External Review Committee's 2020-21 Departmental Plan.

Through its independent and impartial reviews of appeal cases dealing with employment matters affecting RCMP members, including decisions in harassment complaints or the discharge of RCMP members due to disability, the ERC helps to provide an assurance of fair and transparent recourse processes within the RCMP, ultimately contributing to the ability of the Force to serve Canadians.

The ERC's key challenge in 2020-21 continues to be the capacity to address the large numbers of referrals as well as a backlog of files that has accumulated over a number of years. In 2019-20, the organization implemented additional resources that had been approved to support the integrity of the ERC appeal case review program and increased its case review capacity. Looking ahead, we will focus on maintaining an enhanced capacity to conduct case reviews and on addressing the backlog of cases.

The ERC is committed to making its contributions to effective recourse within the RCMP and to a healthy and productive RCMP workplace. The ERC likewise remains committed to working to address longer term program requirements and sustainability.

Charles Randall Smith
Chairperson

The ERC will continue to face significant operational pressures due to a backlog of files and workload projections that continue to exceed historical levels. The ERC continues to manage two streams of case referrals from the RCMP: one under the current legislation and the other under the legacy legislation for cases commenced within the RCMP prior to November 28, 2014.

In 2019-20, the ERC hired a number of new staff as part of the program integrity resources approved in 2017. The further orientation of new people, and the retention of and support for staff generally, will be vital to achieving and maintaining the enhanced program capacity needed to continue to address the backlog of files awaiting review.

Continuous program improvement remains a priority for the ERC and will be realized through active monitoring and management of the ERC's caseload and case review practices. The development and publication of service delivery standards with time limits for the completion of case reviews (as required by the RCMP Act, s. 28.1) remains a priority for the ERC.

For more information on the RCMP External Review Committee's plans, priorities and planned results, see the "Core responsibilities: planned results and resources" section of this report.

This section contains detailed information on the department's planned results and resources for each of its core responsibilities.

Independent and impartial case reviews, findings and recommendations for final decisions in appeals of internal RCMP decisions in harassment complaints, conduct cases, discharges or demotions, and stoppages of pay and allowances.

The Royal Canadian Mounted Police External Review Committee (ERC) is an independent administrative tribunal that contributes to fair and equitable labour relations and helps to reinforce accountability at all levels within the Royal Canadian Mounted Police (RCMP). Other than the courts, the ERC is the only independent review mechanism available to RCMP members and management for labour relations matters. The ERC conducts impartial reviews of appeals of certain conduct measures imposed on RCMP members and of written decisions regarding harassment complaints, revocations of appointments, discharges, demotions and ordered stoppages of pay and allowances. Case files dealing with these matters are referred to the ERC for review by the RCMP pursuant to sections 33 and 45.15 of the Royal Canadian Mounted Police Act and section 17 of the Royal Canadian Mounted Police Regulations. In conducting its reviews of referred case files, the ERC considers the entire file record that is provided by the RCMP which can include statements from members (complainants, respondents and others), video or audio records and testimony from witnesses, historical human resources file materials and other documentation. Once a review has been completed, the ERC provides findings and recommendations to the Commissioner of the RCMP (as the final decision maker) and to the parties. The ERC's findings and recommendations are directed at ensuring that the general principles of administrative law and labour law are respected and that the requirements of the RCMP Act and other relevant legislation, such as the Canadian Human Rights Act, are adhered to in decision making. In some cases, the ERC makes recommendations for broader change or for actions that might be taken to address issues raised in a file (e.g., changes in RCMP policies or management practices, or additional or new training for RCMP members or managers). Access to summaries of ERC findings and recommendations and to ERC reports and discussion papers is provided to RCMP members and the public through the ERC's website and publications, and through presentations or other outreach to RCMP members.

The ERC currently has over 300 files under or awaiting review, which has resulted in lengthy wait times for the completion of reviews following the ERC's receipt of a referred case. Additional resources were implemented in 2019-20 using temporary program integrity funding to increase the ERC's capacity to address its caseload. With the hiring of additional resources the ERC increased its capacity to complete case reviews. Staff retention is particularly important given the small size of the ERC, as the loss of even one expert resource can have a significant operational impact. The temporary program integrity funding ends after 2020-21, and the ERC continues to work with the portfolio department and central agencies to address its permanent funding requirements.

The planned introduction of service standards will support program management, transparency and accountability. The target for introducing service standards has been moved to July 2020, due to the need for additional information to make valid and reliable projections regarding the kinds, numbers and complexities of the files the ERC will be required to review in future years.

Outreach activities will support RCMP member awareness of workplace and recourse issues (such as disseminating case review summaries to RCMP members in the ERC Communiqué publication, and through presentations to RCMP officials with recourse responsibilities, managers or employee representatives). Regular dialogue with the RCMP on general program management, workload and administrative matters will continue in support of program delivery, planning and risk management.

While positioning itself to address the challenges that it will face in 2020-21, the ERC will ensure that its findings and recommendations in each case are substantively correct, clear and relevant for the parties and for the Commissioner of the RCMP.

Financial, human resources and performance information for the RCMP External Review Committee's program inventory is available in the GC InfoBase.

Financial, human resources and performance information for the RCMP External Review Committee's program inventory is available in the GC InfoBase.

Financial, human resources and performance information for the RCMP External Review Committee's program inventory is available in the GC InfoBase.

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of Programs and/or required to meet corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct services that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. These services are:

• Management and Oversight Services
• Communications Services
• Legal Services
• Human Resources Management Services
• Financial Management Services
• Information Management Services
• Information Technology Services
• Real Property Management Services
• Materiel Management Services
• Acquisition Management Services

The Treasury Board of Canada Secretariat granted the ERC an exemption from reporting on Internal Services as a separate program beginning in 2009-10 (given the focused nature of the ERC program and associated resources). This Report, therefore, presents information based on a single ERC program and does not provide information on Internal Services separately.

This section provides an overview of the department's planned spending and human resources for the next three consecutive fiscal years, and compares planned spending for the upcoming year with the current and previous years' actual spending.