Firing racist Mounties not easy
Experts say its hard to prove behaviour without recorded remarks
Rooting out Mounties who harbour racist views may not be as easy or happen as quickly as the RCMP’s top boss suggested.
Commissioner Bob Paulson acknowledged to a gathering of First Nations leaders this week that “there are racists in my police force” and sought to assure them that recent changes to the RCMP Act allow him and his commanding officers to take “decisive” action against members who misbehave.
“I would encourage you all ... to have confidence in the processes that exist, up to and including calling me if you are having a problem with a racist in your jurisdiction or any other problems,” he said Wednesday at the meeting of the Assembly of First Nations in Gatineau, Que.
Legal observers say it is possible officers who display racist behaviour on or off duty could be disciplined under the RCMP code of conduct that deals with treating people with respect and not bringing discredit to the force. However, proving someone is racist can be challenging, requiring witnesses or a recording of the remarks, they said.
“Absent a racist statement, (it’s) likely not an easy task,” said Peter Brauti, a Toronto criminal defence lawyer.
Sebastien Anderson, a labour lawyer representing the Mounted Police Professional Association of Canada, has a client who filed a racial discrimination complaint against an RCMP supervisor in August. The complaint is still in the investigation stage, he said.
“In most workplaces, it would be dealt with in days or weeks, not months,” he said.
Aboriginal leaders calling Paulson directly about suspected racist members potentially puts him in a conflict if he later has to adjudicate a case that has been appealed, Anderson said.
Paulson declined to elaborate Thursday on his remarks. In a statement, the force maintained that “those who don’t live up to our core values will be dealt with swiftly and justly.”
“Racism will not be tolerated in the RCMP. Public trust is essential for the RCMP to effectively serve and protect Canadians. As a result, RCMP employees must conduct themselves in a manner that not only meets, but exceeds, the rightfully high expectations of Canadians.”
The statement added members receive cultural awareness training from the time they start at the training academy.
Perry Bellegarde, national chief of the assembly, said through a spokesman that Paulson’s decision to address the leaders and answer tough questions “showed a lot of character.”
“A good first step was made by acknowledging the problem and now we need to take some actions,” he said.
Paulson’s remarks were in response to questions from B.C. Grand Chief Doug Kelly, leader of the Sto:lo Tribal Council.
“We encounter racism every single day. Some of the worst racists carry a gun. And they carry a badge, authorized by you, Commissioner Paulson ... We need you to confront racism in the ranks,” Kelly said.
Rob Creasser, a spokesman for the Mounted Police Professional Association, said his group does not disagree that there are members of the force who probably shouldn’t be on it. “For (the force) to come out and say there’s not a problem with part of the RCMP membership would be naive and unbelieved.”