Chapter 7: The Committee’s Assessment
Special Report on the Federal Policing Mandate of the Royal Canadian Mounted Police
187. The role of Federal Policing is essential to Canada’s national security. Many of its responsibilities are prescribed in federal statutes, including, for the Committee’s purposes, most critically in the area of national security. It is the only organization capable of conducting investigations of the most significant criminal threats across jurisdictions, both within Canada and abroad (in cooperation with a foreign police force). It is also charged by the federal government with protecting key federal and designated officials, supporting international operations, such as peace-keeping, and maintaining specific policing relationships, such as INTERPOL.
188. In the course of its review, the Committee identified several challenges faced by Federal Policing that risk having an impact on its essential role in countering threats to Canada’s national security or investigating serious and major organized crime. These will be outlined below.
External challenges: structural features of the organization
189. The first challenge to Federal Policing’s ability to most effectively fulfil its mandate stems from structural features of the RCMP, and the preponderance of the Contract Policing portion of the organization, which has consequences in several areas. The Committee did not review the RCMP's organizational structure as a whole or assess the relative merits of engagement in Contract Policing. This would have been beyond the Committee’s mandate. However, in the context of this review, it could not ignore certain undesirable effects created by the coexistence of both mandates.
190. Contract Policing accounts for close to 60% of the RCMP's total budget and personnel (Federal Policing accounts for 18%). The relative weight of Contract Policing within the RCMP has consequences in several areas. First, Federal Policing is only one of many priorities for the Commissioner, for the Minister of Public Safety and for Parliament. Indeed, as we have noted several times in this report, no external review of the RCMP has exclusively addressed the efficacy of the Federal mandate. This suggests that as a result, problems unique to the Federal mandate have not received the attention required to address them.
191. Second, Federal resources may be used in support of the Contract mandate, without the opposite necessarily being true. Some of this happens through weak governance. As we discuss further below, Federal Policing does not exert sufficient governance over its own national investigations to prevent divisions from using federal resources to pursue lower priorities or provincial priorities, nor does it fully control important investigative support activities, most notably intelligence resources but also various technical services, such as digital forensics. In monetary terms, the loss of resources is caused by RCMP corporate and support functions, such as recruitment, training and information management, devoting more time and effort to supporting Contract Policing than are accounted for through the Police Service Agreements. The RCMP could not quantify the financial loss to Federal resources in the first area (governance), but a 2017 study by an external contractor estimated the loss in the second area as significant: $668 million annually in indirect costs that support RCMP Contract Policing. Footnote 322 Moreover, the agreements with provinces and territories require additional funding for Contract Policing be provided within 12 months of a provincial or territorial request. That funding is often initially taken out of Federal resources until permanent funding can be realized, further complicating financial challenges. Footnote 323 Together, these financial issues have resulted in funding gaps for Federal Policing, National Police Services (such as labs), and enabling programs such as recruiting. Footnote 324
192. Third, the RCMP's obligation under the Police Service Agreements to fulfill provincial and territorial requirements for new or vacant Regular Member positions means that human resource requirements for Contract Policing often take priority over Federal Policing. As a consequence, Federal Policing has a higher rate of vacancies, most notably for Regular Members, than other operational areas.
Internal challenges: governance and prioritization
193. The second major challenge to Federal Policing’s ability to fulfill its mandate is the governance and prioritization of its national activities and investigations. Federal Policing personnel and resources are located across the country, but control and accountability of those assets differs significantly. The two largest Federal Policing units, in Ontario and Quebec, report directly to the Deputy Commissioner Federal Policing, while all other units report through the divisional Commanding Officers who are accountable to both the RCMP Commissioner and to provincial or territorial authorities. In short, the Deputy Commissioner Federal Policing is responsible for managing Federal Policing activities without full authority to do so. The creation in 2017 of the Federal Policing Criminal Operations Officers was meant to strengthen Federal Policing’s control over its personnel and resources. While the Federal Policing program reports that it is better able to allocate resources to the highest federal priorities and shift them as required, divisions retain significant control over their own investigative resources, including Federal resources. Further improvements are unlikely to take full effect until the implementation of the new reporting chain, where all Federal Policing units report directly to the Deputy Commissioner, a change delayed from 2022 with no timeframe for implementation.
194. Similar problems arise in Federal Policing’s ability to prioritize its investigations. While Federal Policing has implemented measures to better identify priorities and govern investigations, divisions retain significant discretion in the Federal Policing prioritization process, undermining the ability of the Federal Policing program to track ongoing investigations and expenditures, or to redirect resources to higher priorities. These issues are exacerbated by a lack of standardized reporting and poor compliance with reporting obligations to Headquarters (we discuss this in more detail below). Finally, Federal Policing has sought several times in the past decade to move Federal personnel out of areas where there are few priority federal investigations, such as in northern and eastern Canada, to where there are many such investigations, in Canada’s most populace provinces and urban areas. This has yet to occur. As a result, Federal Policing resources in non-priority areas are most likely not working on priority federal investigations.
Internal challenges: data, prioritization and intelligence
195. The third significant challenge arises in the related areas of data, prioritization and intelligence. We start with data and data management. The RCMP stated that “law enforcement is all about information and data management.” Footnote 325 That said, the Committee observed a lack of consistent data across Federal Policing, low levels of compliance with data population and reporting, reliance on stand-alone systems in what should be an integrated workforce, a lack of an interoperable data or records management system, and the absence of data reporting to the executive to aid decision-making. As recently as 2017, KPMG noted, “[t]he existence of multiple systems of record combined with a lack of modern information management tools and practices limit the needed business intelligence to support Federal Policing to plan and understand the impact of changing priorities.” Footnote 326 Technical and procedural reforms implemented since then have yet to take hold. Notably, the introduction of a key interface system (FOYER) and the Deputy Commissioner’s direction to Federal units to use it, have not substantially changed the organization’s ability to gather and analyze data or to properly prioritize investigations and support organizational decision-making.
196. As a result, Federal Policing does not have an accurate picture on where it spends its resources. The organization does not know, and cannot know, if Federal Policing resources are in fact being spent on Federal Policing priorities and activities within divisions. This makes it challenging for the Federal Policing program to employ evidence-based decision-making and to reallocate resources when priorities shift. These same challenges with data affect Federal Policing’s ability to prioritize investigations. Inconsistencies in functionality across data systems (PROS, SPROS and PRIME) and limitations to accessing data undermine the program’s ability to identify priorities (e.g., linking the frequency and types of reported ‘occurrences’ with investigations) or to oversee them when assigned an appropriate tier, and may result in investigations being misidentified or improperly prioritized. These gaps in turn risk undermining Federal Policing’s oversight and accountability for its operations.
197. Intelligence is based on access to information and the ability to aggregate, analyze and distribute it to support decisions. Intelligence is essential for Federal Policing operations. The RCMP acknowledges that “in an increasingly complex and evolving criminal landscape, the RCMP intelligence function plays a critical role in addressing Federal Policing priorities in the areas of National Security, Transnational and Serious Organized Crime (TSOC) and Cybercrime.” Footnote 327 However, the same data challenges that hamper governance and prioritization — that is, information is often dispersed, inconsistent, incomplete, incorrect or inaccessible — affects the quality and effectiveness of Federal Policing intelligence units and the products they produce. This undermines decision-making at the tactical, operational and strategic levels. Issues with data are compounded by problems with accountability, governance and human resources. Within the RCMP, less than 20% of intelligence analysts and personnel report through the Director General National Intelligence. As a result, the Committee is not confident that Federal Policing is receiving or assessing the intelligence it needs to set priorities and conduct operations.
Internal challenges: recruitment and training
198. The fourth major challenge is the steady decline in the number of Federal Policing personnel, particularly police officers, over the last eight years, and there is no information to suggest that this trend will change in the foreseeable future. In part, this is due to finances: Federal Policing is managing its budget through the attrition of personnel. This permits Federal Policing to support its current operations, but provides no flexibility to hire new employees. The decline in personnel is also due, in part, to difficulties in recruiting appropriate personnel.
199. Federal Policing faces important challenges in addressing its unique requirements for recruitment and training. The model that the RCMP uses, which emphasizes foundational policing and peace officer skills, is arguably well-suited for front-line, general duty policing, but is insufficient to meet Federal Policing requirements. These increasingly require specialized skills and educational credentials. In the area of recruitment, the RCMP as an organization struggles to attract sufficient applicants to staff its vacant positions, due to a shrinking labour pool and changing social expectations about work. The personnel it does recruit are mostly used to fill vacant and new positions in the provinces and territories; they do not typically fill Federal positions. As a result, Federal Policing has not been able to hire and retain sufficient employees, particularly police officers, to meet its own requirements. In the area of training, the Federal Policing program for its employees is outdated and inconsistent, and does not adequately prepare personnel to investigate threats in the modern criminal context.
Federal Policing’s transformation plan
200. The Federal Policing program has not been complacent in the face of these problems and senior RCMP leadership is aware of these challenges. Building on work over the last five years, Federal Policing has started the implementation of a Transformation Plan to address these many challenges. In brief, the Plan focuses on four areas:
- Mandate: providing greater clarity to Federal Policing priority areas, Scope of Service elements, and the activities of intelligence, prevention, and enforcement, including adjusting performance metrics to better align with Federal Policing objectives and activities;
- Governance: ensuring more centralized oversight, reporting and accountability structures for Federal Policing, including changing reporting lines for Federal Policing personnel in Contract Divisions so that they report directly to Headquarters;
- Human resources and finance: creating Federal-specific recruitment and training, including for civilian investigators and experienced officers from other police forces, developing Federal Policing-specific career paths, and adjusting the deployment of Federal Policing personnel (concentrating resources in six major urban centres); and,
- Data: developing a single point of access to data containing operational, performance, finance and human resource information, and a set of analytical tools connected to that repository. Footnote 328
These changes should support Federal Policing’s initiatives, introduced in 2019, to centralize and better govern its intelligence function.
201. As we have discussed at various points in this review, elements of this Plan are already being implemented. The RCMP reports that in some areas, such as governance, Federal Policing now exerts greater control over resources in the divisions and can better reallocate funds to new priorities. Similarly, key governance initiatives, such as Federal resources reporting directly to the Deputy Commissioner Federal Policing, should increase governance and accountability by making all Federal Policing resources answerable to National Headquarters instead of to the divisions; however, these changes have been delayed or postponed. In other areas of reform, such as data, we have seen significant reticence to comply with central direction (the rate of compliance in many divisions hovers near zero), and are partially dependent on other areas of the RCMP for full implementation.
202. Federal Policing’s efforts to change its models of recruitment and training are particularly important. As discussed in this report, Federal Policing has created two recruiting initiatives to address its inability to recruit sufficient numbers of personnel to replenish its ranks. The first, the Experienced Police Officer initiative, is a long-overdue means of bringing police officers from other organizations directly into various ranks of the RCMP. Among other things, the initiative should bring new perspectives and talent into the organization. That said, Federal Police has hired very few experienced officers to date and has no target for doing so. These gaps will need to be addressed quickly if the initiative is to have any significant effect.
203. The second recruiting initiative is aimed at attracting civilians to be criminal investigators. If managed well, this initiative offers important opportunities to attract a diverse workforce with relatively rare talents, skills and educational credentials, which should strengthen Federal Policing’s ability to address complex and sophisticated threats under its mandate. However, the Committee is concerned that the number of civilians being sought (30% of the Federal workforce) and the timeframe for implementation (10-15 years) is too aspirational in the absence of a clear plan with interim targets. Moreover, the Committee is concerned that Federal Policing is underestimating the challenges associated with integrating significant numbers of civilians into units and areas that have been long-occupied by police officers.
204. Federal Policing has also sought to change the way it trains its employees to better equip them to fulfill its mandate. Its proposal to create a dedicated Federal Policing Training Academy did not progress beyond the planning stage. Federal Policing then started a specific training program for Federal Policing employees, including those recruited through the two initiatives noted above, at the RCMP training facility. While the Committee recognizes the importance of consistent and specialized training, it is concerned that Federal Policing has no timeline to fully implement this training.
205. Finally, the Committee notes a glaring gap in this Plan: new finances. The Plan clearly recognizes that a significant source of the challenges facing Federal Policing are internal: the relative weight of Contract Policing within the organization; a decline of experienced personnel in the Federal Policing program; poor governance over investigations and intelligence functions; inconsistent prioritization; insufficient recruitment and training programs; and problems with data integrity and integration. Nonetheless, it is unlikely that Federal Policing can rebuild its personnel strength and implement a plan of this magnitude without targeted and ongoing investments.
Federal Policing reform: the government must act
206. In short, the RCMP clearly recognizes the problems facing its Federal Policing mandate. If fully implemented, its many initiatives in the areas of governance, data, prioritization, intelligence, recruitment and training should improve Federal Policing’s ability to fulfill its mandate. However, the Committee is concerned that the impetus to maintain the status quo is strong: the preponderance of the Contract policing mandate within the RCMP, the lack of political direction specific to Federal Policing, the complexity of the problems facing the organization, and the frequent crisis-nature of contract and federal policing issues all provide powerful disincentives for significant reform. The RCMP cannot do it alone.
207. The Minister of Public Safety must take a greater role. Specifically, the Minister should provide direction to the RCMP in each of the major areas where the government wishes to see reform. As outlined at paragraphs 108 to 110, while the principle of police independence precludes the Minister from providing direction in the narrow area of police investigations, arrest and charges, it would not forestall direction in broader areas of institutional reform and government priorities. This would be an important step to strengthening democratic accountability for Federal Policing. At a minimum, the Committee believes that Ministerial direction should include governance, financial controls, and recruiting and training; clear interim and final objectives; the Minister’s expectations in all of areas of direction; and annual reporting requirements, similar to those in reports provided to the Minister by CSIS. The Minister’s direction should be updated regularly to ensure it remains relevant with changing circumstances. This would be both a powerful signal of political will and an important mechanism to strengthen the Minister’s accountability for the RCMP.
208. There is also the issue of finances. The Committee believes that the government should put in place stronger measures to ensure Federal resources are spent on Federal priorities; while not simple, this should be possible through changes to the RCMP's current financial framework. As importantly, the government needs to determine whether further resources for the Federal Policing program are required. The Committee reiterates that the RCMP is the only organization capable of performing a number of essential federal roles and responsibilities, yet Federal Policing faces significant challenges in its ability to do so. Federal Policing’s current finances do not have the flexibility to address those challenges. That means that it will either have to maintain a sub-optimal status quo (the current number of Federal employees focus on a limited number of priorities), seek government direction on areas where it should refocus resources (meaning some areas will see a reduction in attention), or seek new resources to rebuild its ability to conduct priority investigations. This is not a decision to be left to the RCMP: it is one that the government should make as part of providing clarity to the RCMP about the role that it expects Federal Policing to play across Canada.
209. Concurrent with the areas for improvement listed above, the government should consider whether the objectives of Federal Policing transformation — appropriate resourcing and the ability to deploy such resources to achieve Federal Policing objectives — require changes to the organizational structure of the RCMP. There are a range of possibilities. More autonomy within the RCMP may allow Federal Policing to address its most significant challenges and focus on its primary mandate, while still taking advantage of operational benefits, such as information sharing and established partnerships, and synergies that arise from common corporate services, such as human resources and finance. A relevant recent example is the government’s creation of the Canadian Centre for Cyber Security, part of the Communications Security Establishment. Alternatively, or iteratively, it may be time for Canada to consider a stand-alone federal policing organization. Footnote 329 In any case, most of the reforms currently being implemented by the RCMP seek to carve out its federal responsibilities and operations from the wider organization. However, the Committee believes that many of the most critical changes will benefit from clear direction from the federal government. The only part of the RCMP for which the federal government is solely responsible is Federal Policing: it must clarify that the mandate is a priority and that it supports reforms in this area.
210. To the extent that structural changes are implemented, the government should be mindful of whether those changes will affect the operational relationship between Federal and Contract Policing. In such a case, the government should assess the applicability of other policing models (for example, in Québec, respective municipal police forces provide services in relation to population size with surge capacity in the event that additional services are needed). In designing any structural changes, the federal government should also engage with provinces, territories, and Indigenous communities to ensure that any changes made to Federal Policing are fully understood and their implementation coordinated.