Definitive Report - Report No 305, November 1996

Case No 1737 (Canada) - Complaint date: 09-AUG-93 - Closed

Allegations: Biased conduct and interference by police in a labour dispute

1. 102. The Committee examined this case at its June 1994 meeting (see 294th Report, paras. 683-715, approved by the Governing Body at its 260th Session (June 1994)), at which it reached interim conclusions.
2. 103. The Government's reply is contained in communications dated 20 December 1994 and 4 July 1996.
3. 104. Canada has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). It has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 105. The Committee recalls that the allegations in this case concerned the events surrounding a private sector labour dispute in the Northwest Territories of Canada. The Canadian Association of Smelter and Allied Workers (CASAW) complained about long delays incurred throughout the dispute resolution procedure and criticized the biased conduct of the Royal Canadian Mounted Police (RCMP) in their policing of the labour dispute and the investigation of the mine explosion which resulted in constant harassment of its leadership and membership. On this latter issue, the Committee had noted that the independent RCMP Public Complaints Commission had conducted an investigation into some 50 allegations and was preparing its report.
2. 106. The Committee made the following recommendations in respect of these allegations (see 294th Report, para. 715):
   • - the Committee considers that the Government made every effort to help the parties to the dispute conclude a settlement through the various procedures established under the labour legislation, and that this aspect of the case does not call for further examination;
   • - the Committee requests the Government to provide a copy of the report of the independent Royal Canadian Mounted Police (RCMP) Public Complaints Commission on the allegations regarding the conduct of members of the RCMP during the dispute, once it is published.

B. The Government's reply

1. 107. In its communication of 20 December 1994, the Government transmitted a copy of the RCMP Public Complaints Commission's final report. The Government indicated, however, that this report dealt with 43 out of the 45 allegations raised and that the Chairman of the RCMP Public Complaints Commission (hereinafter, the Complaints Commission) had decided to conduct a public hearing into the two remaining allegations. This hearing was scheduled to take place in February 1995.
2. 108. On 4 July 1996, the Government transmitted the final report of the Complaints Commission on the remaining two allegations.
3. 109. The two reports of the Complaints Commission amount to approximately 130 pages of detailed investigation into the complaints made on 9 November 1992 by the President of CASAW concerning the allegedly discriminatory and intolerable treatment by the RCMP against CASAW's members throughout a five-month period during a labour dispute with Giant Mine.
4. 110. The RCMP Act authorizes the Chairman of the Commission, where the Chairman considers it advisable in the public interest, to investigate any complaint made under Part VII of the Act. The factors for determining the public interest in this respect include the seriousness of the complaint and the need for the public to perceive that the investigation of the complaint is undertaken by a third party, i.e. the Commission. The Act requires the Chairman, after completing a public interest investigation, to prepare and send to the Minister and the Commissioner of the RCMP an interim report in writing containing findings and recommendations in relation to the complaint. The Commissioner of the RCMP is then required to review the complaint in light of the findings and recommendations set out in the report and notify the Minister and Chairman in writing of any action that either has been or will be taken regarding the complaint. After considering the Commissioner's written response to the interim report, the Chairman is required to prepare and send a final report to the Minister, the Commissioner and the parties.
5. 111. In November 1992, the Commission Chairman decided that it was advisable in the public interest for the Commission to investigate the complaint presented by the President of CASAW. Thirty-one consecutive days of investigation were carried out into 43 out of the 45 incidents. A public hearing was instituted to inquire into the remaining two incidents.
6. 112. From its highly detailed and documented analysis, the Commission found only two of the 43 incidents to have been substantiated. The Chairman also made general recommendations with respect to two incidents where the allegations were not substantiated. Finally, a general recommendation was made as to the possibility of an emergency plan for the RCMP to form the nucleus of a labour dispute plan. Upon receipt of the report, the Commissioner indicated his agreement with the findings and the action he proposed to take such as ensuring that certain officers were provided with appropriate training concerning investigating techniques and reporting procedures. The Chairman, in the final report, indicated his satisfaction with the action proposed.
7. 113. Following the public hearing into the final two allegations, the Commission found the actions of the officers in question to be justified and no specific recommendations were made. Some general recommendations were made, however, concerning public education and information.

C. The Committee's conclusions

1. 114. The Committee takes note of the Government's reply and in particular of the voluminous reports of the Royal Canadian Mounted Police (RCMP) Public Complaints Commission.
2. 115. Given the meticulous and detailed investigation which was carried out into the complainant's allegations by a body recognized to be independent and impartial and given that the action proposed to be taken by the Commissioner of the RCMP concerning four of the incidents complained of satisfies the Complaints Commission, the Committee considers that this case does not call for further examination.

The Committee's recommendations

1. 116. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.