Letter to Commissioner Duheme regarding the externalization of the Independent Centre for Harassment Resolution

July 11, 2023

Commissioner Mike Duheme
RCMP National Headquarters
70 Leikin Drive
Ottawa, Ontario  K1A 0R2

 

Dear Commissioner,

On behalf of the Management Advisory Board (MAB) for the Royal Canadian Mounted Police (RCMP), I am writing to provide you with our collective advice regarding the externalization of the Independent Centre for Harassment Resolution (ICHR).

In June 2023, the MAB received a briefing from the RCMP outlining the options under consideration in relation to Minister Mendicino’s mandate letter commitment to externalize the ICHR.

The MAB continues to hold the view, as outlined in its November 4, 2022 letter to Minister Mendicino, that while the ICHR should and does have independent investigators and adjudicators outside of the chain of command, that it should not be made fully external to the RCMP.

We believe that the RCMP command structure needs to have the responsibility to respond to the recommendations that emerge from the ICHR’s independent investigations and determinations in order to ensure positive culture change within the RCMP. In particular, the leadership within the RCMP needs to ensure that all reasonable efforts are made to prevent repetition of harassment within the RCMP and the full restoration of the workplace environment consistent with its obligations under the 2021 changes to the Canada Labour Code.

It is imperative that recommendations and findings from the largely independent ICHR be brought to the attention of RCMP leadership, so that they can address the root causes of harassment within the organization.

The MAB believes that the changes that have already been made to ensure that the ICHR operates outside of the RCMP’s chain of command, the ICHR’s use of external investigators, as well as the 2021 changes to the Canada Labour Code to focus on restorative justice, have fundamentally changed the RCMP’s approach to allegations of harassment.

Fully externalizing the ICHR in any capacity would be highly disruptive for victims and impacted parties, erode the progress that has been made so far by the ICHR, and may require complex legislative changes. Moreover, as an external entity, the ICHR could experience great difficulty in influencing culture change and workplace restoration within the RCMP.

Although the ICHR has reporting structures within the RCMP, we are satisfied that these are done in a way that is independent of the chain of command. These changes should dispel reasonable perceptions of bias and reasonable fears of retaliation.

Creating a new structure with no connections to the RCMP could very well be disruptive to complainants. In addition, full externalization of the harassment resolution process could have unintended consequences, such as removing accountability from RCMP senior leadership, thereby limiting their ability to address systemic issues within the organisation.

It is our view that the changes made to the ICHR to ensure independent investigations and determinations of harassment complaints, along with efforts to further support the independence of the ICHR’s operations within the RCMP, align with the spirit and intent of Minister Mendicino’s 2021 mandate letter commitment. We would add that increased and protected resources for the ICHR would also help solidify and expand the progress that has been made.

As outlined in the recently issued Ministerial Directive on how the RCMP interacts with the MAB and considers its advice, please note that it is our intention to make this letter public via our website. In order to meet the requirement to consult with you before public release, we ask that any concerns or comments be sent to my attention, through the MAB Secretariat, [Redacted], within seven (7) working days of issuance of this letter.

Sincerely,

Kent Roach, C.M., F.R.S.C
Chairperson, Management Advisory Board for the RCMP

CC:  Minister of Public Safety
Deputy Minister of Public Safety Canada

                          

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