Independent Centre for Harassment Resolution annual report 2021-2022

Key milestones

June 30, 2021

As a key response to the Civilian Review and Complaints Commission, Fraser and Bastarache reports, Commissioner Lucki announces the launch of the RCMP's Independent Centre for Harassment Resolution

July 30, 2021

The RCMP's Workplace Harassment and Violence Prevention, Investigation and Resolution policy is published

October 2021

Extensive internal and external consultations launched by the Independent Centre for Harassment Resolution to gather perspectives and best practices on harassment regimes

November 2021

New unit for victims of a criminal offence implemented within the Independent Centre for Harassment Resolution

December 2021

Minister of Public Safety receives mandate to "accelerate action to reform the RCMP including by externalizing the Independent Centre for Harassment Resolution"

December 2021

The Independent Centre for Harassment Resolution meets with divisional Commanding Officers and their senior management committees to discuss the mandate of the Independent Centre for Harassment Resolution, the Canada Labour Code Regulations, the need to enhance prevention, as well as management responsibility regarding workplace harassment and violence

May 2022

Minister of Public Safety mandates Commissioner Lucki to speed up reform over the next two years to improve the Independent Centre for Harassment Resolution "by making it fully external and ensuring the sanctions & disciplinary regime is credible & effective."

Key documentation

Processes, policies, and procedures, and other key documentation were developed during the first year to ensure efficient and effective operations. The Independent Centre for Harassment Resolution continues to quickly adjust through an "agile mindset" focused on learning, collaboration and flexibility to achieve results based on feedback from clients and stakeholders.

In July 2021, a month after its creation, the Independent Centre for Harassment Resolution led the creation of a new RCMP-wide approach to address work place harassment and violence by implementing the Work place Harassment and Violence Prevention, Investigation and Resolution policy. The policy focuses on:

• prevention;
• early resolution; and
• restoration of the work place.

The policy, which will be updated as needed, is designed to contribute to an inclusive, safe and non-discriminatory work place free of harassment and violence by:

• setting out expectations for the behaviour of employees; and
• establishing effective resolution mechanisms for occurrences of work place harassment and violence.

Learning products such as leadership development programs, and supervisory and management development programs, were updated to reflect the changes to the Canada Labour Code, inform on the new policy, and introduce the services of the Independent Centre for Harassment Resolution. At the same time, confidential communication protocols with the Professional Responsibility Sector, responsible for overseeing the application of the RCMP Code of Conduct for regular and civilian members, were developed to ensure conduct authorities were informed of harassment and violence situations, and that they take the necessary measures to follow through once final investigation reports are received or egregious behaviour is identified that warrants disciplinary measures.

Greater independence and externalization

In the fall 2021, the Independent Centre for Harassment Resolution initiated internal and external consultations in order to gather perspectives to develop key principles, considerations and options for externalization. This initiative is part of the Minister of Public Safety's mandate letter issued in December 2021 and part of the Spring 2022 RCMP Commissioner's mandate letter from the Minister. Consultations with internal and external stakeholders included bargaining agents, victims of sexual harassment and diversity groups, federal government departments, provincial and city police services, as well as the RCMP's Management Advisory Board.

While every internal consultation brought a unique perspective, common themes emerged. One overarching theme was the need for changes in organizational culture to break the harassment cycle and integrate healthier patterns of behaviour in RCMP work places. Other themes included the importance of immediate efforts on education and awareness of root causes of work place harassment and violence behaviours, as well as ways to incorporate knowledge and training on healthy interactions in the work place. Participants also indicated that in their view, the Independent Centre for Harassment Resolution has a continuing role to play in changing the culture of the RCMP. Options on externalization are currently being analyzed, socialized and refined for decision.

Support Services Unit

The Support Services Unit, launched by the Independent Centre for Harassment Resolution in November 2021, is a dedicated team that provides support to all current and former employees who are victims of work place harassment and violence, including criminal offences.

Among other services, a dedicated resource within the Support Services Unit:

• provides information about the different resources and programs available;
• directs individuals to the appropriate police of jurisdiction, as appropriate; and
• provides the appropriate external victims support resources.

Other key roles of the Support Services Unit are:

• to encourage the use of the services offered by the Informal Conflict Management Program, an existing unit within the RCMP structure that helps informally resolve conflict and occurrences of work place harassment and restore the work place;
• to work with stakeholders for the update of existing, and the development of new information and education material, with an emphasis on prevention and early resolution.

Awareness, outreach and education

Establishing awareness of the presence of the Independent Centre for Harassment Resolution in the RCMP has been essential this year. For instance:

• Along with several direct broadcast messages from the Executive Director to all RCMP staff, the Independent Centre for Harassment Resolution established and continues to strengthen its intranet presence. The goal is to deliver tools and information to help employees better understand what the Independent Centre for Harassment Resolution does and how it can help.
• Once processes became established, Independent Centre for Harassment Resolution management offered dedicated information sessions to Divisions, including Commanding Officers and their senior management teams. Approximately 50 additional outreach and education meetings were then held with other management tables and at all-staff venues. These meetings continue to occur, and raise awareness about the new legislation, Independent Centre for Harassment Resolution 's services, as well as work place harassment and violence prevention, and the importance of early intervention and informal conflict resolution.
• The Centre is transitioning to new email addresses: from @rcmp-grc.gc.ca to @ichr-cirh.ca – to reinforce its independence, autonomy neutrality and confidentiality. A unique Independent Centre for Harassment Resolution branding was created with a color palette specifically used on the Independent Centre for Harassment Resolution's documentation, presentations, etc., and a personalized hashtag #ICHRyourvoicematters. This hashtag, proposed by an Independent Centre for Harassment Resolution employee, holds important messages:
  • Your - encompasses everyone regardless of race, color, and gender, it welcomes inclusiveness and diversity.
  • Voice - represents empowerment, and a way to express concerns.
  • Matters - conveys empathy and projects messaging to our audience that they are valued and that we care.

What we've heard

As of June 30th, 2022, 15% of final investigation reports received concluded that allegations fully met the definition of work place harassment and violence, while 26% indicated they partially met the definition, and 59% indicated that the allegations did not meet the definition. The reports received stemmed from allegations filed from various divisions across the RCMP. As of June 30th, 151 notices of occurrence had been assigned to an investigator and 189 were pending assignment.

For the most part, managers and employees are in a position to intervene when they witness or hear about such behaviours at the work location, reinforcing the need for enhanced education, training and tools, as well as accountability, to effectively stop or manage these situations.

Recommendations from investigators to improve the work place

The goal of the Canada Labour Code Regulations is to restore the work place following an incident of work place harassment and violence and to prevent reoccurrences. To this end, whether or not allegations of work place harassment and violence meet the definition, the investigator will formulate recommendations that will be submitted to the local health and safety committee for the joint determination of recommendations to implement^{Footnote 2}. Restorative practices can be used within the work place to prevent occurrences from happening in the first place and to address them when they do, enabling everyone involved to find a positive way forward.

Key recommendations to RCMP management on restorative and preventive practices that were received from investigators in the first year of Independent Centre for Harassment Resolution's operations include, among others, providing management and employee training on creating respectful work places, and practical training in informal dispute resolution and having difficult conversations.

The Independent Centre for Harassment Resolution monitors the implementation of the recommendations following an investigation. Where the employer and local health and safety committees/representatives jointly determine to not implement a recommendation, a rationale for this determination is provided to the Independent Centre for Harassment Resolution.

Testimonials from clients

This year has proved to be challenging on many fronts. That being said, employees have communicated with the Independent Centre for Harassment Resolution to express their appreciation in manoeuvring through this very challenging time.

I would like to recognize and thank the Harassment Reviewer for the outstanding work they have done, and for going above and beyond in assisting me. The Harassment Reviewer had the mental and emotional intelligence to reach me although I was in a state of panic. To be clear, without the Harassment Reviewer's assistance in that moment I believe that I would have been overwhelmed and to this day unable to submit my harassment complaint. The RCMP as an organization rarely if ever goes to the lengths it should to appreciate our public servants, civilian members, regular members, and subsequent partners. With my utmost respect, I would like to recognize the Harassment Reviewer for their remarkable performance. The people skills the Harassment Reviewer displayed in understanding me, understanding how to communicate with me, and how to reach a panicked individual was top shelf. Not to mention the stress and anxiety a victim carries while going through the harassment process in itself.

I encourage other employees going through a workplace harassment or violence occurrence to contact the Independent Centre for Harassment Resolution immediately for assistance. The Case Resolution Advisor I worked with clearly and patiently outlined the informal and formal processes available to resolve my complaint. I am very thankful that I was able to resolve my complaint through negotiated resolution, which ultimately restored my own well-being!

Status of files

When the Centre was launched in June 2021, 159 notices of occurrence had already been submitted. As of June 30th, 2022, the Independent Centre for Harassment Resolution received 615 notices of occurrence. This includes 373 received in 2021, and 242 in the first half of 2022. In comparison, there were 190 in 2019 and 213 in 2020 under the previous harassment regime.

Of the notices of occurrence submitted to the Independent Centre for Harassment Resolution, 81 had been resolved by June 30th, and 97 were pending conclusion, meaning that the implementation of recommendations from the final investigative report and/or the review and update of the work place assessment at the local level had yet to be completed by RCMP management.

Complaint types

In the majority of notices of occurrence submitted to the Independent Centre for Harassment Resolution, 58% featured abuse of authority as a complaint type. Behaviours typically included managers creating an environment where employees could not contribute ideas during meetings or they were acting aggressively during meetings. There were instances reported where they were mocking, belittling and using inappropriate language, and were sharing confidential information about employees with other employees.

The second most recurring complaint type identified was discrimination, at 43%. In general, discriminatory behaviour referred to treating some members, specifically female members, differently. Other behaviours are described as failing to honor accommodations or making comments about employees' medical leave.

The third most recurring complaint type identified was interpersonal deportment (uncivil behaviour) at 29%. Behaviours associated with interpersonal deportment included being rude and dismissive to other colleagues. As well, behaviours included spreading misinformation about a colleague to others.

Finally, sexual harassment was identified in 12% of notices of occurrence received. Behaviours included making comments about the appearance of other employees and/or their body parts and showing graphic photos or videos to other employees. They also included inappropriate sexually explicit comments and switching shifts or travel arrangements to be alone with females, specifically new, female members.

Note that the percentage of complaint type is compared to the total number of notices of occurrence filed. There can be more than one complaint type reported on the complaint form.

When identifying the complaint type for notices of occurrence, the following definitions are used:

Abuse of authority

Taking undue advantage of a position of authority to: Endanger an employee's job, undermine an employee's job performance and/or threaten an employee's livelihood or interfere with their career.

Interpersonal deportment

Behaviours may include but are not limited to belittling, humiliating, demeaning, embarrassing comments or actions of bullying, conflict in the workplace, miscommunication, spreading rumors, gossiping, intruding on a person's privacy etc.

Sexual harassment

Means any conduct, comment, gesture or contact of a sexual nature that is likely to cause offence or humiliation to any employee, or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

Discrimination

Means any action, behaviour, or decision that results in the unfair or negative treatment of a person or group related to one or any combination of prohibited grounds, outlined in the Canadian Human Rights Act

Professional relationship

The predominant professional relationship between the principal party and the responding party is a supervisee to supervisor relationship, at 61%. The second most predominant professional relationship was a peer relationship, at 31%. Third, was a supervisor to supervisee relationship, at 6%, and fourth was 'other' at 1% or less.

Category of employees

The RCMP workforce is represented by a population of roughly 31,161 employees and is comprised of 19,126 regular members (RM), 2,782 civilian members (CM), and 8,798 public service employees (PSE). This employee count is reflective of the last fiscal year, up to March 30, 2022. As reflected in the graph below, the majority of the principal parties in notices of occurrence filed to the Independent Centre for Harassment Resolution are regular members at 77%. This is reflective of the higher percentage of regular members in the RCMP work force. The second most predominant principal party category of employee is public service employee at 14%, followed by civilian members at 6%. 3% of principal parties in notices of occurrence filed to the Independent Centre for Harassment Resolution are classified as other. This category includes former employees of the RCMP and non-RCMP employees.

In general, parties in notices of occurrence submitted to the Independent Centre for Harassment Resolution are often within the same category of employee. regular members are the most recurring responding party in occurrences where the principal party is an regular member. Similarly, in occurrences featuring a civilian member principal party, the predominant responding party is also a civilian member. The same trend is identified with occurrences that have a public service employee as a principal party.

Sex of principal and responding parties

In the majority of notices of occurrence submitted to the Independent Centre for Harassment Resolution, the principal party is a male with a male responding party. Further, in 72% of notices of occurrence filed to the Independent Centre for Harassment Resolution, males are predominantly featured as the responding party.

Although 55% of complaints submitted to the Independent Centre for Harassment Resolution typically feature a male principal party, there is a higher representation of female principal parties where the principal party is a civilian member or public service employee. This is representative of the higher proportion of female employees in both of these categories of employees across the RCMP work force.

Male regular members make up the majority of the regular member work force of the RCMP. Female regular members make up approximately 21.8%^{Footnote 3} of the regular member work force. Female regular members are the principal party in 39% of notices of occurrence submitted to the Independent Centre for Harassment Resolution where the principal party is a regular member.

Note that this refers to the biological sex assigned at birth of the parties and may differ from gender identity.

Investigations

As noted earlier in this report, discussions with partners from Public Service and Procurement Canada and Treasury Board Secretariat, as well as bargaining agents, are underway to devote significant efforts to increasing the investigation capacity for work place harassment and violence allegations, in cases where employees wish to pursue this option. A strategy is being finalized, and will be communicated and implemented without delay in early fall 2022.

Recruitment

The Independent Centre for Harassment Resolution now has a team of 40 diverse employees from coast to coast, with a wide range of skills sets. Patience, agility, resilience, service orientation, empathy and a high degree of professionalism, integrity and expertise are key attributes. The Independent Centre for Harassment Resolution will continue to evolve its complement of staff in keeping with its mandate at any given time.

Focus on awareness and prevention initiatives and culture change

Through a trusted work place harassment and violence resolution regime and with awareness, education and prevention, the Independent Centre for Harassment Resolution will continue to contribute to a broader effort to modernize work place behaviours, habits and assumptions that are at the core of culture change. The Independent Centre for Harassment Resolution has a role to play in engagement, education and awareness on the trends, issues and work place behaviours as evidenced by investigation reports and complaints that are resolved informally, for the purpose of developing prevention tools and facilitating their adoption. The Independent Centre for Harassment Resolution will intensify education and prevention efforts beginning in fall 2022, in part using the content of this annual report as a starting point for discussion on actions that can be taken to identify and address root causes.

Informal conflict resolution

Informal resolution can reduce the number of occurrences of work place harassment and violence. The Independent Centre for Harassment Resolution will continue the work started in partnership with the RCMP's Human Resources Branch to promote informal ways to resolve cases and to demonstrate their effectiveness in creating a safe work environment free from harassment and violence, where all employees feel they belong, are valued equally and treated respectfully.