Parliamentary Committee Notes: Placemat

The following placemat presents various features of the mandate for the proposed Public Complaints and Review Commission (PCRC) to be established through Bill C-20.

It is designed to show that the PCRC would not have discretion around the limits of its mandate, but would be provided with discretion within these limits. The placemat is therefore divided into two parts: mandatory provisions around mandate, and discretionary provisions within this mandate.

The first part in the placemat includes the following mandatory provisions:

  1. No discretion about limits of mandate
    1. The PCRC would be required to refuse a complaint if:
      1. RCMP code of conduct and member
        • The complaint is RCMP code of conduct related (s.52(2) and s.53(2)); or from an RCMP employee, and would be better dealt with through another procedure (s.52(4) and s.53(2)).
      2. Program legislation or offenses
        • The complaint would hinder the administration of program legislation or the investigation/prosecution of an offence (s.52(6), s.53(2), and s.60(1)).
      3. National security complaints
        • The complaint concerns and activity closely related to national security (s.52(8) and s.53(4)).
        • Complaint is referred to National Security and Intelligence Review Agency (NSIRA).
    2. The PCRC would not have jurisdiction on matters related to national security
      • Review of Specified Activities
        • The PCRC does not have jurisdiction to conduct a review of an activity that is related to national security (s.31(1)), As they fall under the scope of NSIRA.
      • Duty to cooperate with NSIRA
        • The PCRC and NSIRA must take all reasonable steps to cooperate with each other and avoid duplication of work (s.85).
        • Governor and council can make regulations for the purpose of increased cooperation between the PCRC and other entities, including NSIRA (s.87(o.1)).
      • Protections
        • Mandate is of no effect if it:
          • Interferes with the investigation of an offence;
          • Interferes with actions taken under any program legislation;
          • Delays removal proceedings or prevents the enforcement of removal orders;
          • Delays extradition proceedings or prevents the extradition of any individual; or
          • Allows any individual to enter or stay in Canada beyond their authorized period (s.84).
        • Disciplinary-related recommendations not to be construed as:
          • Affecting the powers and rights of the RCMP commissioner or CBSA President over discipline of their employees;
          • Preventing the application of any applicable law or collective agreement;
          • Permitting additional disciplinary process or measures if such process or measure are or have already taken place; or,
          • Authorizing the collection or use of information other than what is required for the PCRC to fulfill its mandate (s.71).

The second part of the placemat includes the following discretionary provisions:

  1. Discretion within limits of mandate
    1. The PCRC could refuse a complaint if:
      • General refusal grounds
        • The complaint is trivial, frivolous, vexatious or made in bad faith or from an Individual or third party not directly involved in the subject matter of complaint (s.52(1) and s.53(1)).
      • Alternative procedure
        • The complaint has or could have been more adequately dealt with according to an alternative federal or provincial procedure (s.52(5) or s.53(1)). PCRC must identify appropriate procedure to complainant (s.52(7)).
      • Not necessary or practical
        • The complaint is not necessary or practicable to continue to investigate the complaint, in the PCRC’s opinion (s.53(1)).
      • Civil and administrative proceedings
        • The complaint’s review would compromise or seriously hinder an ongoing civil or administrative proceeding (s.60(2)).
    2. Conduct of specified activity reviews
      • The PCRC may conduct specified activity reviews of the RCMP and the CSA at the request the Minister, or a third party, or on the PCRC'S own initiative (s.28).
      • The PCRC must be satisfied that no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity (s.28(3)).
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