Ottawa, March 27, 2008 – On March 20, 2008, the RCMP released 10,807 pages in response to several Access to Information requests on the use of Conducted Energy Weapons (CEW's). The release contained information from CEW Usage Re eports (RCMP Form 3996) completed in the period November 2004 to December 2007.
As has been noted by the media, the information released differs somewhat from that included in previous releases. This is the result of changes made in 2005 to Form 3996 and the RCMP's current interpretation of the Access to Information Act and the Privacy Act.
The RCMP is committed to respecting the public's right to know while taking appropriate measures to promote officer safety, ensure the integrity of investigations and protect the privacy of individuals.
The RCMP applied exemptions in order to protect the privacy of individuals. In addition, certain information was exempted under Section 16 of the Access to Information Ac t which deals with law enforcement and investigations. These exemptions are applied to information that, if disclosed, could potentially put officers at risk or jeopardize criminal investigations. Exemptions under of the Privacy Act which protect informa tion which could be used to identify an individual were also applied. The potential to identify an individual is a particular concern when incidents occur in smaller communities served by the RCMP.
Since being appointed Commissioner, I have underscored the need for the RCMP to be as forthcoming as possible in making information available to the public. It should be recognized that there is a sometimes difficult balance to be struck between public disclosure and protecting individual and o ther public interests, including privacy rights and the integrity of investigations.
While I believe that a concerted effort was made to appropriately balance these competing interests, I have directed that a further review of the recently r eleased material be conducted to determine if additional information contained in the CEW Usage Reports should be released. It is anticipated that this review can be completed within two weeks.
The RCMP is firmly committed to accountabili ty and recognize that our accountability is enhanced by independent oversight and review. This is particularly important where information cannot be disclosed to the public. In December 2007, I committed publicly to working closely with the Commission f or Public Complaints Against the RCMP (CPC) in relation to its ongoing examination of the RCMP's use of CEWs. It should be noted that CPC has access to all of the information relating to the use of CEWs by the RCMP, including all information contained in Form 3996.
In December, I also committed to enhancing the RCMP's CEW data base, establishing more robust reporting and analytical processes and providing quarterly and annual reports on all use of force incidents, including those involving CEWs. These reports will provide further details, on a cumulative basis, about the circumstances in which CEWs have been deployed.
Finally, it should be noted that individuals have the right to challenge the RCMP's application of various e xemptions pursuant to the Access to Information and Privacy Acts. Complaints can be addressed to the Information Commissioner of Canada, an officer of Parliament.
William J.S. Elliott
Commissioner
