Chapter 3: Federal Investigations: Trends
Special Report on the Federal Policing Mandate of the Royal Canadian Mounted Police
70. Federal Policing investigates the most serious criminal threats to Canadians and Canadian interests. These investigations involve threats to Canada’s economic integrity, the integrity of federal government systems, national security or critical infrastructure; are international or inter-jurisdictional in scope; or part of horizontal initiatives for which Federal Policing has received specific direction and funding. Footnote 152 Federal Policing allocates resources towards its highest priority investigations, referred to as ‘tiered projects’ (see case study 1 below for an example of a tiered project). Tiered projects are initiated through a process that seeks to ensure that investigative resources are allocated to the most important priorities, criminal threats and activities. There are three project tiers, with Tier 1 investigations deemed the highest priority, Tier 2 investigations deemed a priority, and Tier 3 investigations not deemed a priority. Federal Policing conducted 846 tiered projects between 2013 and 2021 (see chart 3 below).
Chart 3: Federal Investigations: Trends
Long description
| Year | Total Tiered Projects |
|---|---|
| 2013 | 166 |
| 2014 | 171 |
| 2015 | 98 |
| 2016 | 108 |
| 2017 | 57 |
| 2018 | 107 |
| 2019 | 50 |
| 2020 | 46 |
| 2021 | 43 |
Source: RCMP, SASU, Federal Policing Priorities Overview, January 11 2023. The years 2013, 2014, and 2018 are distorted figures as they include tiering all ongoing investigations at that time.
The focus of tiered projects
71. Tiered projects fall into one of four categories. The first three relate to Federal Policing’s operational priorities of national security, transnational and serious organized crime, and cybercrime. Between 2013 and 2021, these categories accounted for approximately 34% of all tiered projects. The fourth category involves investigations of a variety of offences designated as ‘other,’ and accounted for approximately 72% of all tiered projects. These four investigative categories are detailed below (see chart 4 after paragraph 78). Footnote 153
72. Between 2013 and 2021, Federal Policing conducted 139 tiered projects related to national security, accounting for 16% of all tiered projects. The three most common offences investigated were participating or contributing to the activity of a terrorist group, leaving Canada to participate in the activity of a terrorist group, and facilitating terrorist activity. The majority of investigations within national security-related tiered projects were Tier 1 (119, or 86%), and the remainder were tier 2. On average, Federal Policing closed or cleared national security investigations within 4.2 years of being reported. Due to their complexity, tiered investigations take an average of 7 times longer than general occurrences to clear. Footnote 154
73. In the same period, Federal Policing conducted 100 tiered projects related to transnational and serious organized crime or approximately 12% of all tiered projects. The three most common offences investigated were participation or contribution to the activity of a terrorist group; fraud greater than $5000; and the importation or exportation of cocaine. Of the 100 projects, 54% (54) were Tier 1, 36% (36) were Tier 2, and 10% (10) were Tier 3. On average, Federal Policing closed or cleared transnational serious organized crime investigations within 3.7 years of being reported.
74. Similarly, Federal Policing conducted 45 tiered projects related to cybercrime, accounting for 5% of all tiered projects. The three most common offences investigated were fraud greater than $5000; participation or contribution to the activity of a terrorist group; and unauthorized use of a computer. Of the 45 tiered projects in this category, Tier 1 accounted for 60% (27), Tier 2 for 31% (14) and Tier 3 for 9% (4). On average, Federal Policing closed or cleared cybercrime investigations within 4.2 years of being reported.
75. The remainder of the tiered projects, approximately 72% (612), conducted by Federal Policing during this period involved a variety of offences that Federal Policing identifies as ‘Other.’ These investigations either do not meet the criteria to be considered national security, serious organized crime or cybercrime investigations, or cannot be classified as such due to data quality issues (data quality challenges are described in more detail in paragraphs 146 to 158). The three most common offences investigated within this category were: the trafficking of cocaine; fraud greater than $5000; and the importation and exportation of cocaine. Of the 612 tiered projects in this category, Tier 1 accounted for 25% (156), Tier 2 for 38% (230) and Tier 3 for 37% (227). On average, Federal Policing closed or cleared investigations marked as ‘other’ within 2.9 years of being reported. It is noteworthy that the majority of all of Federal Policing’s tiered projects fell into this category, as the majority of investigations do not address a federal priority or involve lower-level offences, such as fraud and drug possession.
Tiered investigations
76. Between 2013 and 2021, the number of tiered projects declined from 166 in 2013 to 43 in 2021 (See chart 3 above). Challenges with the accuracy of RCMP data (discussed further in paragraphs 146 to 158) mean that the reported numbers may indicate a general trend, but not its magnitude. The main reasons for this general decline are increased oversight of investigations and improved processes for project submission. This has resulted in a shift in focus towards Tier 1 projects, which are Federal Policing’s most complex investigations, and are often more resource intensive than other investigations. During the early stages of the prioritization process (2013-14), divisions submitted proposals for intelligence work or investigations that were still in their infancy; this led to a high number of proposals being prioritized as Tier 3. Thereafter, Federal Policing introduced increased oversight within program areas, forcing divisions to conduct more work on proposed investigations prior to submitting them for prioritization. This led to a significant decline in Tier 3 projects, a relatively consistent number of Tier 1 projects, and a slight decline in Tier 2 projects. In practice, this means that there are fewer tiered projects, but the significant decline in Tier 3 projects allows Federal Policing to dedicate more time and resources towards its Tier 1 and 2 projects. Footnote 155 (The Committee discusses the governance of Federal Policing’s prioritization process in paragraphs 159 to 173).
77. This downward trend held true for investigations related to Federal Policing priorities of national security, transnational and serious organized crime, and those marked ‘Other’ (see chart 4). Footnote 156 One reason for this decline was a 2014 shift towards terrorism-related investigations. This shift was prompted by specific high-profile terrorism-related incidents, most notably the 2014 Parliament Hill shooting and the 2014 motor vehicle attack targeting Canadian solders in Saint-Jean-sur-Richelieu. This shift in priority and resources reduced the RCMP’s ability to pursue non-national security investigations. Notably, there was a decrease from 16 tiered transnational and serious organized crime projects in 2014 to 9 in 2015.
78. The number of national security and transnational and serious organized crime projects decreased between 2013 and 2021, while cybercrime projects remained relatively steady. Tiered national security investigations dropped from 19 in 2013 to 12 in 2021. Tiered transnational and serious organized crime investigations dropped from 13 to 6 during the same period. In contrast, between 2013 and 2021, the number of Federal Policing’s cybercrime investigations remained relatively steady, with a sharp increase in 2018 from 5 to 11. The number of ‘other’ investigations also decreased during this period, from 137 in 2013 to 24 in 2021, owing in part to systemic challenges with data.
Long description
| Year | NS | TSOC | Cyber | Other |
|---|---|---|---|---|
| 2013 | 19 | 13 | 3 | 137 |
| 2014 | 16 | 16 | 5 | 138 |
| 2015 | 26 | 9 | 3 | 67 |
| 2016 | 23 | 16 | 5 | 74 |
| 2017 | 9 | 13 | 5 | 36 |
| 2018 | 17 | 13 | 11 | 73 |
| 2019 | 8 | 3 | 3 | 37 |
| 2020 | 9 | 10 | 5 | 28 |
| 2021 | 12 | 6 | 5 | 24 |
Source: RCMP, SASU, Additional Information: Federal Policing Priorities Overview, NSICOP Request, January 27, 2023
Tiered investigations: outcomes
79. Tiered projects may lead to a number of outcomes. First, they may result in criminal or other charges. Across the 225 tiered projects that resulted in a charge from 2013 to 2021, Federal Policing laid a total of 6,158 charges. These can be broken down into the following categories:
- National security: Federal Policing laid 135 charges in investigations related to national security. The most common charges laid within these investigations were commission of an offence for a terrorist group; participation or contribution to the activity of a terrorist group; leaving Canada to participate in the activity of a terrorist group; facilitating terrorist activity; and conspiring to commit an indictable offence.
- Transnational and serious organized crime: Federal Policing laid 920 charges on investigations related to transnational and serious organized crime. The most common charges laid within these investigations were conspiring to commit an indictable offence; committing an offence for a criminal organization; possession of property obtained by crime over $5000; trafficking of cocaine; and possession of cocaine for the purposes of trafficking.
- Cybercrime: Federal Policing laid 283 charges in investigations related to cybercrime. The most common charges laid within these investigations were fraud greater than $5000; laundering for the proceeds of crime; possession of property obtained by crime over $5000; unauthorized use of a computer; and identify theft.
- ‘Other’: Federal Policing laid 4,820 charges related to ‘Other’ tiered investigations. The most common charges laid within these investigations were conspiring to commit an indictable offence; using, trafficking, or possessing a forged document; fraud greater than $5000; trafficking of cocaine; and possession of cocaine for the purposes of trafficking.
80. Second, tiered projects may result in disruption. Disruption is the strategy of delaying, interrupting, or complicating the commission of criminal offences or related activities by individuals or criminal networks. Disruption efforts may be used to avoid harm that could be caused by crimes such as terrorism, or to prevent criminal entities from smuggling illicit goods or trafficking drugs across the border. Examples of disruption activities include drugs and firearms seizures, dismantling of clandestine laboratories, or asset freezing and forfeiture. In some cases, Federal Policing uses disruption to interrupt potential harm to Canadians rather than lay a criminal charge. Footnote 157 In other instances, disruption may be a viable option where the RCMP cannot meet the evidentiary threshold to lay charges.
81. Third, some tiered projects may not result in a charge or the disruption of criminal offences. In some of these cases, the RCMP is unable to gather sufficient evidence to lay criminal charges. In other instances, laying a criminal charge or disrupting criminal activity may not be the goal of the project. Of Federal Policing’s 846 tiered projects between 2013 and 2021, 132 were not intended to result in charges. These projects may be intelligence or assistance files. Alternatively, they may be criminal in nature, but Federal Policing was not the lead agency for the investigation. For example, foreign partners may request the RCMP to engage in activities, such as a controlled delivery of drugs or money, to gather evidence for a broader investigation.
82. Of the 714 projects intended to result in charges, 255 resulted in charges. The total number of charges laid as a result of Federal Policing’s tiered projects had a downward trend from 2013 to 2021. Current performance measures for Federal Policing are based on clearance rate. Each year, a file can be defined as ‘cleared by charge or recommended charge,’ ‘ongoing’ (the investigation is incomplete), ‘closed’ (insufficient evidence to proceed or complainant decides not to proceed), ‘unfounded’ (upon investigation, an offence did not occur), or ‘solved’ (non-criminal). These definitions are from the Uniform Crime Reporting Survey which is managed by the Canadian Centre for Justice and Community Safety Statistics. The survey was designed to report on the incidence of crime in Canadian society. Footnote 158 This type of performance measure is statistically based and does not include context or provide scope for complex outcomes, such as an increase in public safety from disruption. Federal Policing echoed this point to the Committee. Officials stated that when taken in isolation, Federal Policing’s current performance measures do not capture disruption and therefore cannot paint a complete picture of the impact of Federal Policing’s work. Footnote 159
Tiered investigations: distribution across Canada
83. The most serious criminal investigations are not evenly distributed across Canada. Between 2013 and 2021, four provinces accounted for the majority of tiered investigations: Ontario, Quebec, British Columbia and Alberta. Federal Police in Ontario conducted 271 tiered projects; Federal Police in Quebec conducted 89 tiered projects; Federal Police in British Columbia conducted 158 tiered projects; and Federal Police in Alberta conducted 94 tiered projects. Footnote 160 By contrast, Federal Police units in Prince Edward Island, Northwest Territories, Yukon, and Nunavut accounted for only 2.5% (21) of all tiered projects. Footnote 161 Federal Police launched 10 tiered projects in Prince Edward Island; conducted six tiered projects in the Northwest Territories; and conducted five tiered projects in the Yukon. Federal Police did not work on a tiered project between 2013 and 2021 in Nunavut. Footnote 162
Non-tiered work
84. Federal Policing also dedicates time and effort towards activities that do not meet the threshold of tiered projects. These activities may constitute an investigation, but may also involve other police work, such as calls for service and the provision of assistance. Among the primary areas that Federal Policing worked on outside of its tiered projects from 2013-2021 were assistance to Canadian police partners and federal departments or agencies; responding to Customs Act offences; completing information files; providing assistance to foreign INTERPOL offices and the general public; developing human sources; working on files related to suspicious persons, vehicles, or property; working on files related to child pornography; and providing VIP security.