Backgrounder

Introduction

Established 20 years ago, the RCMP External Review Committee is an independent and arms length labour relations tribunal established by Part II of the Royal Canadian Mounted Police Act .

The Committee reviews some types of grievances as well as cases of discipline, demotion or discharge of members of the RCMP. The Committee's reviews are intended to ensure transparency, fairness, impartiality and independence in the internal RCMP labour relations process.

The decision-making authority, in matters of serious discipline and grievances, rests with the Commissioner of the RCMP. Even though he is not bound by the Committee's conclusions, the Commissioner must explain his decision should he disagree with the Committee's recommendations in a specific case.

Historical Context

The creation of the RCMP External Review Committee arose out of the Report of Mr. Justice René Marin, head of the Commission of Inquiry Relating to Public Complaints, Internal Discipline and Grievance Procedure within the Royal Canadian Mounted Police (Information Canada, Ottawa, 1976). The report identified the need for more independent labour relations in the RCMP. The Committee was created in 1986 to fulfill the role of providing an independent review mechanism with regard to labour relations issues.

The Committee's Work

In all grievance, discipline and discharge and demotion matters referred to it, the Committee bases its review on the record before it. This includes all of the original documents, the decision made, and the submissions of the parties. Where the review involves the appeal of a disciplinary or discharge and demotion decision, the transcript of the Board hearing is also before the Committee, as well as any exhibits entered at the hearing. The Chair may request that the parties provide additional information or submissions. If this is done, the other party is given the chance to respond. As well, the Chair has authority to hold a hearing if deemed necessary, although use of this option is rare. The Chair reviews all the evidence, legal issues, relevant legislation and case law in coming to her determination on the matter.

Since its inception, the Committee has issued Findings and Recommendations in 447 grievance reviews, 103 disciplinary appeals and 4 discharge and demotion cases. In addition, the Committee has produced a wide variety of research publication and reference materials, all of which are available to the RCMP and the general public via its Web site.

Our Impact

Over the years, recommendations made by the Committee have led to a variety of changes within RCMP, including policy changes with regard to medical discharge, suspension without pay, and harassment. On the procedural level, the Committee has also raised significant issues, such as maintaining and protecting procedural fairness, ensuring access to information, preventing bias or the appearance of bias in the decision making process, and protecting the right to be heard.

For more information contact us at:

RCMP External Review Committee
P.O. Box 1159, Station B
Ottawa, ON K1P 5R2

Tel: 613-998-2134
Fax: 613-990-8969

E-mail: org@erc-cee.gc.ca
Web Site: www@erc-cee.gc.ca

December 17, 2007