RCMP watchdog complains force's anti-terrorism work lacks proper scrutiny
MICHAEL HAMMOND - CP VIA theFilter.ca August 19, 2006
OTTAWA (CP) - The watchdog that oversees the RCMP says the force's expanding anti-terrorism surveillance activities are not being properly scrutinized.
With the Maher Arar commission set to recommend this fall how best to monitor the RCMP's anti-terrorism activities, a report Thursday said the federal government needs more powers to do this job.
In the annual report of the Commission for Complaints against the RCMP, chairman Paul Kennedy said the agency is struggling to keep tabs on the ever-expanding role of the national police force.
Since the federal Anti-Terrorism Act was passed in late 2001, Kennedy said, the commission has not always been able to obtain the proper documents to investigate potential abuses of power.
Kennedy, who became chairman last fall, said he has had little trouble accessing Mountie documents for his investigations. However, he said his commission should not have to go cap-in-hand to the RCMP when it investigates complaints.
"We have to negotiate with the RCMP on a case-by-case basis," he said. "In my tenure, I have encountered no difficulties, but the decision is still theirs."
Kennedy wants the federal government to update 1988 legislation that created the complaints commission. In particular, he wants the commission to become an auditor with "unfettered access to all information" about RCMP activities, except the papers of federal cabinet ministers.
The commission is complaint-driven, Kennedy said, which means it often learns of concerns only from media reports.
The commission also wants the power to summon any officer as a witness and the ability to share its findings with provincial police watchdog groups.
"There is a whole ream of activity not being investigated," Kennedy said.
Sgt. Sylvie Tremblay said the RCMP is as co-operative as it can be under the law, but that there are important considerations that need to be reviewed before documents are handed over to the commission.
"There's obviously a need to protect confidential sources and other sensitive information when we're dealing with national security."
Kennedy said the commission could have access to this information and still respect the need for confidentiality. He said he has made sure his staff have security clearance to view confidential information.
In his presentation to the Arar commission, Kennedy noted that any sensitive information given to his agency could be handed over with certain legislated conditions that prevent it from going public.
The commission's annual budget, $3.8 million in 1988, now is $5.1 million. But Kennedy said he is working with a comparatively smaller budget when inflation is considered.
The RCMP employs 22,000 and has a budget of $3 billion.
Kennedy said he's particularly concerned by reports that 300 officers in the RCMP are permanently assigned to national-security matters, which places them outside the oversight of his commission.
"It doesn't make sense to disentangle 300 people from the review when what they do flows out of a whole series of other investigations," he said.
Since many links have been drawn between organized crime and terrorism, for example, the agency needs better access to the RCMP's anti-terrorism activities, Kennedy said.
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