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Complaining about public complaints

Process involving RCMP takes too long, man says

Erin Fletcher
Northern News Services


Yellowknife (Feb 07/03) - Mike Fraser is tired of waiting for the RCMP.

Last February, Fraser, a 50-year-old Yellowknife resident, alleges he was beaten up by two RCMP police officers while asleep on his couch at 8:30 a.m. on Feb. 28, 2002.

NNSL Photo

Mike Fraser alleges two RCMP officers beat him up while he was asleep on his couch. - Erin Fletcher/NNSL photo


He'd spent the evening drinking with a few friends in his home and doesn't know why the police came there, he said.

"The police knocked the door down and started beating on me -- on my face, kicking me and punching me and I was asleep," said Fraser, still distressed over the incident.

"Then they stopped and they left. Without asking any questions they left -- no arrest, no warrant."

Fraser was treated soon after at Stanton Territorial Hospital for abrasions and swelling to his nose, knee and thigh and a rash on his lower abdomen.

He filed an official public complaint against the RCMP members. He is updated regularly by mail but little progress has been made on the case, he said.

Fraser in his complaint accused the two officers of break and enter, assault causing bodily harm, assault with a weapon and possession of a deadly weapon in the use of a crime.

"As a human being all my rights were invaded all at once," he said.

Sgt. Al McCambridge of the Yellowknife RCMP said the complaint is under investigation and he would not comment.

Complaint procedures

The Yellowknife RCMP typically receive between 20 and 25 public complaints annually, said Sgt. James Hardy, in charge of complaints and administrative investigational support services.

Of those the majority are "customer service" type complaints and are resolved informally without a more extensive investigation, he said.

Yellowknife averages about two statutory investigations -- criminal allegations like Fraser's -- annually.

A statutory complaint undergoes a more "rigorous process" than a customer service one because of the nature of the allegations, said Hardy.

The complaint is taken to the criminal operations office in the territorial division headquarters.

A review is conducted by an RCMP member outside of the jurisdiction, said Hardy.

The investigation is treated like any criminal investigation with interviews and evidence analysis.

Once the criminal allegations have been reviewed, the detachment commander may also oversee a code of conduct investigation. The commander is looking for evidence of wrongdoing, contrary to the RCMP code of conduct, said Hardy.

The results from the criminal investigation are sent to the Department of Justice where a Crown counsel offers an opinion on whether it is in the public interest and there is sufficient evidence to warrant criminal charges, said Hardy.

Getting the opinion back and ensuring the process is thorough can take time, said Hardy. Depending on the complexity of the case and the caseload of the federal Justice Department, an opinion can take between two months and more than a year, said Hardy.

The final report provided to the complainant is also sent to the RCMP Public Complaints Commission, an independent national body mandated to hold police accountable for their actions.

If charges are laid then the police proceed with a regular investigation.

A RCMP member under investigation may be suspended with or without pay depending on the severity of the allegation, said Hardy.

As for Fraser, he is tired of having his life "put on hold." He's waited nearly a year since the complaint was made and eagerly awaits his day in court.