Chapter 2: Background
Special Report on the Federal Policing Mandate of the Royal Canadian Mounted Police

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Description of the RCMP

40. The RCMP is Canada’s national police service. It was established as the North West Mounted Police in 1873 before being amalgamated with the Dominion Police in February 1920. The RCMP continued to grow and evolve. In the 1970s, the activities of the RCMP's Security Service branch were investigated by the Royal Commission of Inquiry into Certain Activities of the RCMP, commonly referred to as the McDonald Commission. The McDonald Commission recommended that the RCMP's domestic intelligence activities be separated into a civilian organization, which led to the creation of the Canadian Security Intelligence Service in 1984. Footnote 109

41. Today, the RCMP is a large and complex police force with a national footprint. It has a budget of $6 billion for the 2022-23 Fiscal Year and is comprised of approximately 30,000 employees, including 18,600 uniformed officers and 10,400 civilian staff members and public servants. Footnote 110 RCMP employees are primarily organized into 15 Divisions, with one Division for each province or territory, a National Division in Ottawa, and a training Division in Regina. The RCMP's National Headquarters are also located in Ottawa. Within the Divisions, the RCMP is spread out over 700 detachments in 150 communities and over 600 Indigenous communities. Footnote 111

42. The RCMP is structured to support three core mandates:

  • Contract and Indigenous Policing: Under this mandate, the RCMP provides police services to provinces, territories and municipalities, as well as to Indigenous communities. Contract Policing has a planned operational budget of $2.7 billion and staff of approximately 18,500 individuals. Footnote 112
  • Federal Policing: Under this mandate, the RCMP addresses the most serious and complex criminal threats to Canadians and Canadian interests. Federal Policing has a planned operational budget of $860 million and a staff of approximately 5,000 individuals. Footnote 113
  • Specialized Policing Services: Under this mandate, the RCMP provides specialized and technical services to Federal Policing investigative units, RCMP contract jurisdictions, and other Canadian law enforcement agencies. For budgeting purposes, it includes National Police Services and has a gross planned budget of $630 million and a staff of approximately 4,000 individuals. Footnote 114 The RCMP has a number of internal corporate services to support the mandates listed above, including finance, human resources, policy and planning. These services have a gross planned budget of $650 million and a staff of approximately 4,000 individuals. (Further financial information on the RCMP and Federal Policing is provided in Chapter 6).

43. The RCMP has a complex system of governance. RCMP National Headquarters is responsible for the overall direction and priorities of the organization as a whole. This allows the RCMP to govern its individual mandates and Divisions, establishing a defined vision for the organization’s future, including matters of policy, governance and administration. The RCMP's organizational and governance structure is illustrated below in chart 1.

44. The RCMP's Strategic Priorities were most recently laid out in the RCMP's 2018 plan, Vision 150 and Beyond: RCMP Strategic Plan. Footnote 115 Vision 150 established four pillars for the modernization of the RCMP, including Culture, People, Stewardship and Policing Services. Each of these pillars contains three to four priorities to be achieved between January 2023 and September 2025. For example, under the Culture priority, the RCMP intends to address workplace violence and harassment, while under Policing Services the RCMP intends to modernize its technology for front line officers and support functions and improve information sharing with key partners. Few of these priorities relate to Federal Policing operations.

Chart 1: RCMP Organizational Chart

Long description

Royal Canadian Mounted Police

The figure illustrates the organizational structure of the RCMP. The Commissionaire heads the organization and is supported by the Commissioner’s Office.

Reporting directly to the Commissioner is the Department of Justice — RCMP Legal Services.

Five deputy Commissioners report directly to the Commissioner:

  • Deputy Commissioner — Commanding Officer for Alberta (K Division)
  • Deputy Commissioner — Commanding Officer for British Columbia (E Division)
  • Deputy Commissioner — Contract & Indigenous Policing
  • Deputy Commissioner — Specialized Policing Services
  • Deputy Commissioner — Federal Policing

The Chief Administrative Officer, Corporate Management & Comptrollership Chief Financial Officer, Chief Human Resources Officer, Professional Responsibility Officer, and Chief Strategic Policy & External Relations Officer also report directly to the Commissioner.

Effective November 22, 2019, Commanding Officers of C, O and National Divisions will report directly to the Deputy Commissioner Federal Policing; the Commanding Officers of B, D, F, L, H, and J Divisions will report to the Deputy Commissioner Contract & Indigenous Policing; the Commanding Officer of M Division will report to the Commanding Officer of E Division; the Commanding Officers of G and V Divisions will report to the Commanding Officer of K Division; and the Commanding Officers of E and K Division (British Columbia and Alberta respectively) will continue to report directly to the Commissioner.

Source: RCMP, Federal Policing, NSICOP Briefing: Introduction to the RCMP,” Deck, May 6, 2022.

Contract and Indigenous Policing

45. Contract and Indigenous Policing is the RCMP's largest mandate. Through Contract Policing, RCMP officers are responsible for front line (‘general duty’) policing. This means that RCMP offices act as local law enforcement, conducting activities ranging from patrolling and traffic enforcement to investigating homicides. The RCMP provides policing services under contract to all provinces and territories of Canada, except Ontario and Quebec. These agreements cover 75% of the geography of Canada, including much of rural Canada, all of the Canadian North, most indigenous communities and many towns and urban areas in contract provinces.

Specialized Policing Services

46. Specialized Policing Services provides a range of services that supports policing across Canada. Specialized Police Services supports RCMP operations and investigations, including those conducted by Federal Policing, in areas of information technology (e.g., RCMP radios, police technologies and information systems), forensic analysis (e.g., gunshot analysis), and Technical Operations, such as:

  • covert surveillance technologies and techniques (for example, intercepting the communications of criminal suspects under judicial warrant);
  • physical surveillance of criminal suspects; covert and overt entry services (for example to search a premises); and,
  • advanced digital forensics (for example, to obtain data from seized devices).

Specialized Policing Services also provides National Police Services to police and justice organizations across Canada. For example, the RCMP runs the Canadian Police Information Centre, CPIC, a national databased used by police and criminal justice organizations. The RCMP also operates Canada’s criminal records database, which houses digital fingerprints taken from crime scenes and criminal records of anyone charged or convicted of a crime in Canada. In addition, the RCMP provides advanced policing training to Canadian police (including the RCMP) at the Canadian Police College. With the exception of some cost recovery models for forensic DNA analysis conducted for provincial and territorial investigations and training provided at the Canadian Police College, Specialized Policing Services is almost entirely funded through federal appropriations. Footnote 116

Federal Policing

47. Federal Policing is the focus of this review. The RCMP's Federal Policing responsibilities were established in 1920 with the amalgamation of the Royal North-West Mounted Police and the Dominion Police. Today, its responsibilities encompass the most serious and complex criminal threats to the safety and security of Canadians and Canadian interests, including democratic institutions, economic integrity, and physical and cyber infrastructure. Footnote 117 Through Federal Policing, the RCMP prevents, detects, and investigates national security, cybercrime, and transnational and serious organized crime, including financial crime. Federal Policing also provides protective services to Canadian VIPs and polices Canada’s border in between officially designated points of entry. Federal Policing delivers its mandate in every province and territory in Canada and internationally. Of the RCMP's $6 billion budget, Federal Policing accounts for $959 million. Footnote 118 Federal Policing employs approximately 5,000 of the RCMP's approximately 30,000 employees, Footnote 119 who are dispersed across the country.

48. In support of this broad mandate, Federal Policing is responsible for:

  • investigating criminality related to national security, serious and organized crime, and financial crime;
  • investigating other serious and complex crimes under the Criminal Code, especially those with an inter-provincial or international dimension;
  • enforcing federal laws, securing Canada’s borders, collecting and operationalizing criminal intelligence, and ensuring the safety of critical infrastructure; and
  • ensuring the safety of Internationally Protected Persons and other designated persons, significant national or international events, and designated protective sites as well as providing in-flight security officers on board selected Canadian-registered aircraft. Footnote 120

49. Given the breadth of its mandate, Federal Policing identifies priority areas on a three-year cycle. For the period 2020-2023, these priorities are national security, transnational and serious organized crime, and cybercrime (the priority-setting process is described in greater detail in paragraphs 159-167). Footnote 121 Federal Policing dedicates attention and resources to investigations that fall within these priorities and represent a threat to Canada’s economic integrity, the integrity of federal government systems or programs, Canada’s national security or critical infrastructure. It is responsible for any investigation that is international or inter-jurisdictional with national implications, including border issues. Consistent with the Security Offences Act, Federal Policing is also the primary investigative agency for criminal offences arising out of conduct that constitutes a national security threat to Canada, specifically espionage, foreign interference, terrorism and subversion. Footnote 122

50. The Deputy Commissioner of Federal Policing is responsible for the RCMP's Federal mandate. The Deputy is responsible for managing strategic direction, setting strategic priorities, allocating resources, overseeing policy and program development, engaging with the public, compliance and coordination, and in certain circumstances, providing direct control of operations and services. The Deputy Commissioner is also responsible for ensuring that Federal Policing implements governance and accountability in line with Ministerial Direction and RCMP policies.

51. There are three main operational business lines within Federal Policing, each of which is managed by a senior official who reports directly to the Deputy Commissioner. Federal Policing Criminal Operations and Federal Policing National Security and Protective Policing are led by respective Assistant Commissioners. Federal Policing Intelligence and International Policing is led by an Executive Director. Footnote 123 Federal Policing’s organizational structure is illustrated in chart 2 below.

Chart 2: Federal Policing Organizational Chart

Long description

  • Federal Policing Deputy Commissioner
    • FP National Security (FPNS)
      Assistant Commissioner
      • Director General
        National Security
      • Director General
        National Security
    • FP Protective Policing
      Assistant Commissioner
      • Director General
        Protective Services
      • Director General
        Protective Operations
    • FP Criminal Operations (FPCO)
      Assistant Commissioner
      • Director General
        Serious and Organized Crime Border Integrity
      • Director General
        Financial Crime
      • Director General
        Cybercrime
      • Director General
        Covert Operations, Open Source and Data Sciences
    • FP Intelligence & International Policing (FPI&IP)
      Executive Director
      • Director General
        National Intelligence
      • Director General
        Strategic Intelligence
      • Director General
        International Special Services
      • Director General
        RCMP Operation Coordination Centre
    • FP Strategic Management (FPSM)
      Executive Director
      • Director General
        Strategic Policy
      • Director General
        FP Transformation Office
      • Director General
        National Program Management
      • Director General
        Partnerships, Planning and Results

Source: RCMP, Federal Policing, “NSICOP Briefing, Federal Policing Structure and Mandate,” Deck, May 20, 2022

52. Federal Policing’s first operational business line is National Security and Protective Policing. Federal Policing National Security is mandated to prevent, detect, and respond to national security criminal activity. National security criminal investigations are led by one of the RCMP's six Integrated National Security Enforcement Teams (INSETs) or six National Security Enforcement Sections (NSESs), depending on the location of the investigation. Footnote 124 INSETs are RCMP-led, multi-agency teams comprised of specially trained law enforcement and security and intelligence personnel from the federal, provincial, and municipal levels, whereas NSESs are comprised solely of RCMP employees. These teams collect, share, and analyze information and intelligence regarding threats to national security. The Federal Policing National Security Branch provides central oversight and control of both from the RCMP's national headquarters. Footnote 125

53. Protective Policing is a standalone, unique program within the Federal Policing mandate. Whereas Federal Policing as a whole takes a traditional law enforcement role based on collecting evidence to inform the laying of charges, Protective Policing’s sole responsibility is the protection of designated persons. Footnote 126 More specifically, Protective Policing has the mandate to provide protective services (e.g., bodyguards) for designated individuals in Canada and abroad (e.g., the Prime Minister) and mandated government led events across the country. It is also responsible for the Air Carrier program which includes the deployment of in-flight security officers. Footnote 127

54. Federal Policing’s second operational program area is Criminal Operations. Federal Policing Criminal Operations focuses on transnational and serious organized crime, border integrity, cybercrime and financial crime. It is also responsible for sensitive international investigations, covert operations, operational information and data science, and the federal Witness Protection Program (these program areas fall outside of the scope of the review and are not described further). Footnote 128

55. For the RCMP, transnational and serious organized crime includes transnational criminal entities, war crimes, illegal drug production and trafficking, firearms smuggling and trafficking, and counterfeit goods. Federal Policing Criminal Operations focuses on the most significant organized criminal groups operating within Canada or threatening Canada and Canadians. Local jurisdictions are unable to respond to the activities of these groups due to their national or international scope, necessitating a federal response. Footnote 129 To respond to the elevated threat of serious organized crime, specialized Federal Serious and Organized Crime (FSOC) units operate within every RCMP division in the country. Footnote 130 Federal Policing Criminal Operations is responsible for providing oversight, guidance, and direction to divisional FSOC units. Footnote 131

56. Border Integrity is another area of Federal Policing Criminal Operations responsibility. Together with the Canada Border Services Agency (CBSA), the RCMP is responsible for securing Canada’s borders at and between ports of entry from inbound and outbound criminal threats. Federal Policing Criminal Operations’ Border Integrity Program focuses on securing the air, water and land that make up the areas between respective ports of entry, and the Arctic. In 2019-2020, the program consisted of 330 personnel, 275 of whom were Regular Members. When a Border Integrity issue arises, Federal Policing will bolster resources from other Federal Policing programs. Footnote 132 The Border Integrity Program collaborates with Canadian, American and other foreign partner law enforcement agencies on its operations. Footnote 133

57. Federal Policing Criminal Operations is also responsible for responding to cybercrime. Its Cybercrime teams focus on the most serious criminal cyber activity, including that which targets the federal government; threatens Canada’s critical infrastructure; uses computer systems to attack or compromise Canadian institutions; is conducted by groups or organizations acting on behalf of foreign states; and threatens key business assets with high economic impact. Federal Policing Criminal Operations Cyber teams work across a variety of operational, intelligence, tactical and program areas. Federal Policing Criminal Operations is responsible for providing oversight of all active cybercrime investigations; deploying Cyber members domestically and abroad; providing intelligence; working with domestic and foreign security and intelligence partners to collaborate on cybercrime threats; and overseeing the development of technical, tactical capability through research and development. Footnote 134

58. In recent years, the RCMP has strengthened its ability to combat cybercrime. In 2015, the RCMP established its first dedicated investigative team to combat high-priority cybercrime in National Division in Ottawa. Footnote 135 Budget 2018 announced additional funding, under the National Cyber Security Strategy, for the RCMP to create two additional cybercrime investigative teams in Ontario and Quebec. Footnote 136 More recently, the RCMP's National Cybercrime Coordination Centre reached initial operating capability in 2020, with plans to reach full capability in 2024. Footnote 137

59. Federal Policing Criminal Operations is also responsible for the operational response to financial crime. This includes a broad range of crimes that threaten the economic security and financial integrity of Canada. The Financial Crime team within the Federal Policing Criminal Operations Branch oversees the RCMP's Integrated Market Enforcement Teams (IMETs) and Integrated Money Laundering Investigative Teams (IMLITs). Footnote 138 IMETs are an RCMP-led, joint initiative with partners from Justice Canada, provincial and municipal police forces, security commissions and market regulators. These specialized units detect, investigate and deter capital market fraud. Footnote 139 IMLITs are money laundering investigative teams located in four high-risk divisions across the country: Quebec, Ontario, Alberta and British Columbia. These integrated teams bring together anti-money laundering expertise from the RCMP, municipal and provincial policing partners, and federal partners such as the Canada Revenue Agency, CBSA, Public Prosecution Service of Canada and the Forensic Account Management Group. Footnote 140

60. Intelligence and International Policing is Federal Policing’s third operational business line. In this area, Federal Policing is responsible for producing operational and strategic national criminal intelligence, managing an international network of Liaison Officers and analysts deployed overseas, and overseeing Canada’s international police peace operations. Across this broad range of responsibilities, Federal Policing conducts intelligence analysis, drafts intelligence products, and deploys analysts overseas. Footnote 141 We describe Federal Policing’s intelligence function in more detail in Chapter 6.

Legal Framework for RCMP Federal Policing

61. Like the rest of the RCMP, RCMP Federal Policing derives its authority from the common law and several statutes, including the RCMP Act, the Security Offences Act and the Criminal Code. The law related to policing in Canada is complex, and a full survey of it would be outside of the scope of this review. However, the Committee outlines the most important points below.

The RCMP Act

62. The RCMP Act establishes the RCMP as Canada’s police service under the control and management of the RCMP Commissioner. Footnote 142 It gives the Commissioner a broad mandate to manage the RCMP, including Federal Policing. In turn, the Commissioner receives direction on the management of the RCMP from the Minister of Public Safety, who is ultimately accountable for the RCMP.

63. The RCMP Act also establishes the duty of RCMP officers to preserve peace, prevent crime and apprehend criminals. Footnote 143 These duties are further clarified in the Act’s regulations, which specify that RCMP officers are to enforce all acts of Parliament and to render assistance to other Government of Canada departments as directed by the Minister. Footnote 144 This makes the RCMP responsible for administering over 270 federal acts on behalf of the Government of Canada. Footnote 145

The Security Offences Act

64. The Security Offences Act designates the RCMP as having primary responsibility for investigating offences that arise out of conduct constituting a threat to the security of Canada within the meaning of the Canadian Security Intelligence Service Act. Footnote 146 These offences include espionage, foreign interference, and terrorism. Footnote 147

The Criminal Code

65. The Criminal Code generally codifies the criminal law in Canada. It also defines a number of investigative techniques that police officers, including RCMP officers, may use and provides authorizations for their use.

66. There are a wide range of different warrants that police may apply for, depending on the techniques that they will be using or the information they seek to acquire. This can include search warrants, video surveillance authorizations or wiretaps (i.e., the authority to intercept a suspect’s communications). Footnote 148

67. In the process of applying for these warrants, police must detail before a judge or a justice of the peace the information they seek to acquire. This generally includes who they will be targeting, what they are looking for, the period of time in which the operations will take place and how the activities in question will be carried out. Unlike other agencies in Canada’s national security community, police are required to notify suspects of intrusive techniques after they have occurred. Footnote 149

68. Finally, the Criminal Code contains a justification for the police to break the law, if necessary, during the course of an investigation. Footnote 150 For example, such a justification would allow police officers to misrepresent themselves during the course of an investigation in order to operate undercover. The Minister of Public Safety is the official responsible for issuing these designations for the RCMP.

Policing Powers

69. Like all police organizations in Canada, RCMP officers working on federal investigations rely on investigative techniques to collect evidence. Some of these techniques are authorized by the Criminal Code and some by the common law. An exhaustive review of the latter authorities would exceed the scope of this review, but common law police powers include powers to search incident to arrest, to detain people for investigative purposes, or to conduct a search in exigent circumstances. However, these powers are not unlimited: when the police rely on these powers, they must balance the rights that all Canadians are afforded under the Canadian Charter of Rights and Freedoms. Footnote 151 Importantly, these powers are also subject to extensive jurisprudence and regular review by the courts.

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