Federal (Canada)Privacy ActNot well-founded

RCMP retention period for disciplinary records questioned

Organization: Royal Canadian Mounted Police (RCMP)Complainant: RCMP staff relations representative on behalf of RCMP members
Plain-language brief

A complaint was filed on behalf of RCMP members regarding the disclosure of informal disciplinary records to the Crown, arguing it was inconsistent with the Supreme Court's R. v. McNeil decision. The complainant contended that only records from formal disciplinary hearings should be disclosed. The RCMP maintained that both formal and informal misconduct records could be relevant under McNeil, and the OPC agreed with this interpretation, finding the complaint not well-founded. However, the OPC expressed serious concerns about the RCMP's policy of retaining disciplinary records until members reach 100 years of age, which is significantly longer than other police services. The OPC recommended the RCMP reconsider its retention policies, but the RCMP indicated it would continue its current practice.

Key issues
  1. 1Whether the disclosure of informal disciplinary records to the Crown is consistent with R. v. McNeil
  2. 2Whether the RCMP's retention period for disciplinary records is appropriate
Outcome breakdownFavours: Both, in part
  • Disclosure of informal discipline: Disclosure consistent with R. v. McNeil
  • Record retention policy: OPC recommended policy change
  • Record retention policy: Institution maintained current policy
Outcome

Complaint not well-founded, but concerns raised about retention policy

Reasoning

The OPC agreed with the RCMP that both formal and informal misconduct records could be relevant under the McNeil decision, thus the disclosure practice was not a contravention. However, the OPC found the RCMP's retention period for these records to be excessive compared to other police services.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The OPC recommended that the RCMP reconsider its retention policies for disciplinary records.

This summary is informational only and not legal advice.

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