Off-Duty
Conduct
Consultation Report
Royal Canadian Mounted Police
External Review Committee
Chairman
René J. Marin, OMM, QC, LLD
Vice-Chairman
F. Jennifer Lynch, QC
Members
Joanne McLeod, CM, QC
William Millar
Mary Saunders, QC
The Committee is publishing a series of discussion papers to elicit public comments to
assist the Committee in the formulation of recommendations pursuant to the Royal
Canadian Mounted Police Act (1986). The views expressed in this paper are not
necessarily the views of the Committee.
Comments are invited; they should be addressed to:
Simon Coakeley
Executive Director
RCMP External Review Committee
Postal Box 1159
Station 'B'
Ottawa, Ontario
K1P 5R2
FAX: (613) 990-8969
Other publications
Discussion paper 1
Suspensions - A Balanced View
Suspensions - Consultation Report
Discussion paper 2
Relocation - A Painful Process?
Relocation - Consultation Report
Discussion paper 3
Medical Discharge - A Police Perspective
Medical Discharge - Consultation Report
Discussion paper 4
Post-Complaint Management - The Impact of Complaint Procedures on Police Discipline
Post-Complaint Management - Consultation Report
Discussion paper 5
Employee Assistance Programs - Philosophy, theory and practice
Employee Assistance Programs - Consultation Report
Discussion paper 6
Disciplinary Dismissal - A Police Perspective
Disciplinary Dismissal - Consultation Report
Discussion paper 7
Off-Duty Conduct
Discussion paper 8
Sanctioning Police Misconduct - General Principles
FOREWORD
The RCMP External Review Committee's seventh
discussion paper, "Off-Duty Conduct", was distributed for consultation in 1991
to several federal and provincial government agencies, federal, provincial and municipal
police forces and selected Canadian corporations.
The Committee thanks the many respondents for their
insightful comments on the issues expressed in the discussion paper, as well as for the
valuable information provided on the various approaches to off-duty conduct. As
previously, all comments published in this report remain anonymous.
In the Committee's ongoing research program, work is
underway on discussion papers on occupational health and safety, conflict of interest and
secondary employment.
Simon Coakeley
Executive Director
RCMP External Review Committee
Off-Duty Conduct
Consultation Report
1. Consultation
(a) Method and Objective
In preparing the report on its seventh research
topic, off-duty conduct, the RCMP External Review Committee used, as in the past, a
process divided into two phases.
In the first phase a study is prepared by a
consultant; from this study the Research Directorate of the Committee produces a
discussion paper dealing with issues raised by the consultant.
The second phase of the process is a report on the
views, ideas and impressions of a predetermined readership on the contents of the
discussion paper. A consultation report is written, based on the comments received, which
completes the comparative analysis of the issues in the discussion paper. The sources of
quotations used in the consultation report remain anonymous to preserve confidentiality.
To gather the material for this consultation report
on off-duty conduct, the Committee consulted the Deputy Attorneys General and the Deputy
Solicitors General of the provinces and territories, the Commissioner of the RCMP and the
National Executive of the RCMP's division staff relations representatives. A large number
of police forces, as well as a representative number of members of the Canadian
Association of Chiefs of Police and the Canadian Police Association, were also consulted.
In the federal sector, the Committee sought the views of the Public Service Commission,
the Canadian Centre for Management Development, the departments of Justice, the Solicitor
General and National Defence. In all, 213 individuals and organizations, representing both
employers and employees, were given a copy of the discussion paper for consultation
purposes.
As with previous reports, the Committee did not
limit its consultation solely to police organizations as this would have limited the
variety of responses and ideas. It is always important to receive feedback from different
types of organizations to broaden the views explored in the paper.
(b) Response to Discussion Paper
The response rate in the consultation phase of the
research program varies considerably from paper to paper, as does the amount of detail
provided in the replies. Such diversity is to be expected because of the variation in the
topics under discussion.
The response to the off-duty conduct discussion
paper was excellent, both in terms of the number of replies and of the quality of
responses. Respondents made insightful, detailed comments on the issues presented in the
paper. Many also stressed the enlightenment that comes from sharing experiences.
In addition, many respondents provided interesting
material on how their organizations handle cases relating to the off-duty conduct of their
members. In some cases, they believed that the policies and procedures within their forces
were well designed to provide a good balance between the rights of the member and the
needs of their departments. In some, they were in the process of drafting new provincial
legislation relating to the police, which would be assisted by information in the
discussion paper relating to off-duty conduct. In others, respondents expressed
frustration that their departments involved themselves in matters that they saw as
strictly private ones with no obvious implications for the department. In all cases, they
stressed the need for a very important balance to be established and maintained.
The sources of the comments cover a wide range.
While on some previous topics, the overwhelming majority of correspondence was from the
senior management of police forces, on the topic of off-duty conduct substantive responses
have been received from a wider variety of organizations. Half were from police forces,
while others were from governments, members' associations and the private sector. The
benefit derived from the wide range of sources is that we receive a combination of
practical, detailed comments and objective, general views.
Response figures were as follows.
| Organization |
Percentage of Respondents |
Government |
|
|
Federal
Provincial
Municipal
|
13.6
18.0
0.0 |
Police |
|
|
Review Bodies
Forces
Members' Associations
|
9.1
50.0
4.5 |
Private sector |
4.5 |
(c) General Comments
The comments received during the consultation
process provide a great deal of valuable information both to the Committee and more
generally to the police community. With each consultation report published by the
Committee, more responses stress the value of sharing in the experiences of others.
In addition to the RCMP, the Committee samples many
police forces and other interested parties. Most respondents appreciate the benefit they
receive from the wider sample that looks across the Canadian policing community.
As is always the case, a large number of the
comments received by the Committee were general in nature. A sampling of those views
follows.
With regard to form, we have nothing but praise, and as to content, we
believe that the information in the report will be very useful to us, given the interest
in this matter within our police force.
..........
The discussion on the need to identify bona fide occupational
requirements for police officers was particularly useful, as was the emphasis on
establishing criteria by which the different types of off-duty conduct may be regulated
and violations assessed.
..........
I read it with interest and indeed it focuses on a number of areas ...
that needed some illumination.
..........
In my view the paper illustrates a degree of commonality in how police
forces across Canada approach some of the issues associated with off-duty conduct and may
provide the impetus for some further standardization.
..........
Its publication was timely and the topic of great
interest.
..........
Thank you once more for giving us the opportunity to read this document,
which is of great interest and relevance to our Service.
..........
I must commend the authors of this very comprehensive paper. I see
nothing which requires further enlargement other than that which has been identified by
the authors.
..........
I have read the document with interest.
I have reviewed with interest the discussion paper on
"Off-Duty" Conduct and commend you and your associates for producing, in my
opinion, a good overview of the issue, using several examples to illustrate your points.
..........
I consider the content both interesting and
informative.
..........
I must congratulate you and ask you to pass on my congratulations to the
other members of your team.
..........
I noted with interest the work you have produced on this timely topic and
I look forward to reading the reaction to it from the police community and other
interested parties in the consultation report that you plan to produce based on comments
you receive.
The Committee is always pleased to receive
correspondence indicating that police departments have received a direct practical benefit
from its discussion papers.
I would like to compliment you and your staff for this comprehensive and
informative report which I believe will assist this Force in dealing with this contentious
issue.
..........
We have received the comments of our detachment supervisors and
Headquarters management; they are unanimous in viewing this document as a guide for policy
formulation by our Department.
..........
This discussion paper has proved to be a good source of information in
this area and has been referred to ... assist in ... drafting of the (police) Act and
Regulations....
In addition to comments on its most recent
discussion paper, the Committee has received endorsement of its ongoing research program.
The Committee is to be complimented for its initiative in the production
of informative research papers. A valuable contribution has been made to the knowledge
available in Canada on police matters.
..........
It is indeed beneficial to me to have illustrations of how other police
forces in Canada and elsewhere see the issues and react to them.
..........
In closing, I would like to commend you on this paper and encourage you
to continue with this type of insightful research.
The Committee is pleased to receive comments of this
nature because one of the reasons for its research program is that, when the Committee was
created, its members found that there was virtually no information available on human
resource management in the Canadian policing community. Police forces and other interested
organizations and individuals across Canada have been extremely helpful since the
commencement of the Committee's series of research documents in ensuring the success of
the program. Cooperation in providing material for the discussion papers and active
participation in the consultation phase has provided the Committee with valuable
information and ideas to which it would otherwise not have access.
Judging by the comments received, there are benefits
gained by those participating as well as by the Committee.
2. Commentary on Issues
The off-duty conduct of police officers is clearly a
topic of interest and ongoing concern to all those with an involvement in the police
community. The following quotations provide an idea of the types of concerns expressed by
those who responded.
Since police officers hold positions of power and privilege, every effort
possible should be made to ensure the conduct of law enforcement personnel is exemplary.
..........
Your paper clearly illuminates an area of increasing concern amongst the
rank and file members of the ... and I'm sure other Police Forces. While most Police
Officers recognize and accept their conduct both on and off-duty is subject to scrutiny by
all, we are nevertheless entitled to privacy and any festering of that privacy should be
judiciously applied under clearly defined and meaningful procedures.
..........
I would not be in favour of any policy statement on the implementation of
guidelines which might result in a diminution of the public trust or respect for law
enforcement.
..........
In general, off-duty conduct may have undesirable effects in two broad
areas. The first is those situations which diminish the performance and effectiveness of
our officers. Chief among these are secondary employment and alcohol or drug addiction
problems. The second category is those activities which may tarnish the reputation of the
force or of the individual officer. Under this heading are political activities, sexual or
social conduct and certain unacceptable domestic behaviours.
In all cases, it is important to detect any behaviour either indicative
of impaired performance or prejudicial to the reputation of the force and to counsel the
officer in question before the problem reaches the stage where dismissal is called for.
..........
I note with interest your position on the inherent conflict between the
community policing philosophy and the officer's individual political rights. Without a
doubt, this very issue will cause us more concern in the future.
The following quotations give an idea of the care
that must be taken in any regulation of the off-duty conduct of police officers.
... my Executive and I are mindful that a delicate balance does, and we
believe should, exist between any Police Department's inherent right to hold its employees
to higher standards of private, as well as public, conduct than the public at large, and
its obligations, when developing and instituting policy and standards of behaviour, to
respect those rights and freedoms afforded every citizen through the Charter.
..........
You correctly reported that the Supreme Court of Canada has upheld the
right of a police agency to impose a higher standard of off-duty conduct on the part of
their officers than those imposed on other citizens. However, we must be ever-vigilant
that the limits of unacceptable conduct do not substantially reduce the basic rights that
we all enjoy as citizens of Canada.
This fine line as you so wisely indicate, must be more clearly defined in
the future.
There were other comments relating to the handling
of situations involving off-duty conduct when they do occur.
There appears to be a move away from a punitive approach to these issues
in favour of remedial solutions.
(a) Instilling Strong Ethical Standards
The following quotations suggest that the most
effective method of ensuring the appropriate off-duty conduct of police officers is to
instill in them strong ethical standards.
It is the policy of the ... to encourage self discipline in its members
and in many cases this has proven to be successful. We believe it is in the interest of
the Service, its members and the community we serve to recover employees rather than sever
them from the Service.
The Service is committed to Community Based Policing which requires we
give our officers a great deal of discretion; however, implicit in this freedom is the
expectation of accountability for conduct.
We believe that public expectation for police behaviour is higher than
that for other segments of society because of the power that is granted to the office.
..........
If, as I believe to be the case, it is necessary that highest standards
of behaviors be achieved and maintained, then it will be necessary to provide the police
with a clean and comprehensive code of ethics, supported by administrative and
disciplinary measures that will reward good behaviour, correct that which is modestly
deviant and punish that which seriously departs from the accepted norms.
It has been suggested that by instilling higher
ethical standards in police officers, they will be led as well to have certain
expectations of how they will be treated.
What could be agreed is that the disciplinary and administrative regimes
applicable to the police should focus more on the remedial than the punitive aspects of
police discipline and police administration. If we are to have higher expectations of the
police, they will have greater expectations of the way that their employer responds to
off-duty conduct on the part of the police.
(b) Training
As important as the idea of instilling strong
ethical standards in police officers is the training to reinforce the standards. Sessions
on ethics in the training received by police officers throughout their careers have been
recommended.
We hold the view that police training programs, especially at the Recruit
level, should include time set aside for a meaningful examination and understanding of
ethics, much in the same way this subject has found its way into college curricula for
students pursuing careers on Wall Street, ...
..........
If all instructors in the Police Community had the advantage of working
from a lesson plan, which included a "universally" accepted Code of Ethics for
Police sector employees, and which specified the principles and criteria upon which
disciplinary decisions might be reached, surely everyone would benefit.
..........
I read with interest the portion of your report on police training with
respect to off-duty conduct. I can assure you that I found your comments on the subject
informative and most helpful and will undertake a review of our training in this regard.
To aid in this training, it has been suggested that
a consolidation be made of file summaries of disciplinary cases from across the country.
This would serve as a training aid as well as a resource base for police departments.
Some consideration might also be given to having Internal Investigation
Units forward annually to the Canadian Police College file résumés detailing their
enforcement activities relating to specific types of disciplinary defaults.
In this way a body of resource material could be compiled and distributed
upon request so those involved in training can offer factual examples of situations where
members have been charged and describe the specific circumstances which lead to their
disciplinary proceedings. Departments could draw from this library and never be in a
position where they are directly or indirectly disclosing members' identifies or
investigative techniques used in their own jurisdictions.
(c) Regulation of Off-Duty Conduct
Many respondents commented on the benefits and
disadvantages of regulating the off-duty conduct of police officers.
The following responses call for greater regulation
and point out aspects of the issue which would have to be addressed in the development of
regulations.
Off-duty conduct of police officers should be subject to regulation for
one basic reason, the need to maintain respect for law and order and for those persons
responsible for maintaining law and order.
..........
Effective policing requires public trust and support, and this support
cannot be secured by officers who temporize over their behavior off-duty. Worse, the
public has a not unreasonable expectation that an officer off duty is really only at rest,
and that he or she is available to intervene promptly should this be required of them.
Ultimately then, police conduct off-duty must be seen in the light of the simple principle
that the appointment is not seriously constrained in terms of time and space, and cannot,
therefore, be bound by a second and lesser standard of conduct.
..........
The report correctly identifies the need for greater specificity in
relevant regulatory control of off-duty conduct. Well articulated guidelines are easy to
follow and easy to enforce. Furthermore, in the drafting process itself, careful attention
would have to go into their true purpose and effect. Will they provide a good balance
between the right of peace officers to private life and the right of a police service to
insist that its members lead an exemplary life? In light of the Charter and other human
rights legislation, where is the line between bona fide occupational requirements,
the need to preserve the reputation of a police service, the need to preserve credibility
and reputation of individual members of a police service and a right to a private life
that is not unduly restricted by a number of rules? The remarks on the concluding pages of
the Report provide an interesting commentary on such questions.
..........
Community-based policing will be an illusionary will-o'-the-wisp if
individual police are seen to have professional or personal standards of behavior that are
other than the highest mean achieved in modern society. The prospect of a police officer
who espouses one standard of behavior on duty and another off is analogous to that of a
cleric preaching one set of commandments on Sunday and practising another Monday.
Other respondents disagreed with provisions to
regulate off-duty conduct.
There is no question that the off-duty conduct of police officers may be
subject to disciplinary provisions of the legislated powers of a police force, if the said
conduct could bring discredit upon the reputation of the force or its members. This has
long been accepted by police officers on the basis of the employer-employee relationship
that exists and by virtue of their oath of office.
However, I would respectfully submit that it was never intended to apply
to the private lives of police officers, but rather to govern their conduct while acting
or purporting to act in their official capacity as police officers when dealing with the
public.
(d) Alcohol and Drug Addiction
A number of respondents saw off-duty misconduct
related to or resulting from alcohol or drug addiction as a problem warranting special
mention.
One respondent expressed his preference for the
remedial approach to these problems.
The manner in which the Police Department treated the two police officers
in the story on pages 22 and 23 is very commendable and I would like to see ...
incorporate such a contract for our members who have drinking problems.
Another respondent expressed the view that the
remedial approach should not totally replace the punitive approach.
I would like to comment on organizational responses to off-duty conduct
concerning alcohol and drug addiction. While I do agree that addiction to either substance
is a handicap/disability, I cannot agree that accommodating the offending member through a
treatment program should take precedence over discipline, where the reputation of a Force
is at stake. In my view, discipline and treatment for substance abuse should be dealt with
from separate and distinct perspectives.
3. Conclusion
As the document clearly delineates, the subject matter for consideration
is wide-ranging both in scope and complexity.
As this quotation implies, the issue of off-duty
conduct is one which touches all police officers and is of importance to every police
department. It is also one on which the opinions are as diverse as the police community
itself.
However, what has emerged from the views expressed
by respondents is a general agreement that there are certain types of behaviour that are
viewed as totally inappropriate and should be sanctioned.
Where the divergence occurs is where to draw the
line between acceptable and unacceptable off-duty conduct, and to what extent a police
department should be permitted to regulate the lives of its members when they are not on
duty.
One message that has emerged is that the focus
should be on ensuring that the occurrences of misconduct by off-duty police officers
become fewer by instilling in them strong ethical standards.
Some have suggested the creation of a universally
accepted code of ethics, which would form the basis for training across the country. The
importance of training on ethics has been stressed - from recruit training to courses
throughout the careers of police officers.
To back up this training program and to bring about
a standardization of the handling of off-duty conduct by police departments, the sharing
of information and experiences among police forces is seen to be important. A national
depository of case summaries has been suggested as one means of carrying this out. The
External Review Committee is currently in the process of distributing summaries of its
cases to interested parties. Copies are available on request from the Committee.
Further information and sources of reading material
on ethics and codes of ethics may be found in an article on ethics and professionalism in
policing written by the Chairman of the RCMP External Review Committee which appears in
the December 1991 issue of the Canadian Police College Journal .