The review, which looked at sexually explicit investigations conducted between 2015 and 2017 that did not result in charges, sent 327 dossiers for further investigation – about one percent of all dossiers. Of these, 242 reopened, resulting in 26 categories being sworn in. “Although this number seems small in light of the total number of dossiers examined, it should be emphasized that the files are recommended for reopening and / or further research only when serious research issues have been identified and where it was estimated that they could potentially be “Additional measures will have a different effect (eg charges or recommended charges),” RCMP spokesman Robin Percival told CBC News in an email. The review of previous investigations was promising to the RCMP following an explosive report by the Globe and Mail that revealed flaws in the way police across Canada deal with allegations of sexual assault. The newspaper’s investigation found that investigators dismissed about one in five sexual assault cases as unfounded – a much higher rate than for other types of crime. The RCMP established the National Sexual Assault Review Team (SART) in 2017 and announced that it would review previous sexual assault cases for research deficiencies. “The review found consistent deficiencies in some dossiers, which required action to address gaps in training and supervision,” the RCMP said. Percival said the RCMP found that, in some cases, victims were not interviewed, while in others investigators neglected to interview the suspect. The assessment team also noted a lack of documentation in some cases and cases of exhibits that were not submitted for laboratory analysis.
The ombudsman is not surprised
In some cases, police officers have failed to use the RCMP Violent Crime Connection Analysis System, which is designed to help investigators detect serial and criminal offenses.
Angela Marie MacDougall, executive director of Vancouver-based Battered Women’s Support Services, said the findings were not surprising.
“These findings would be consistent with what we see on the front lines every day,” he said. “What we end up doing most of the time is having to advocate for the police to follow its own policies and procedures, such as conducting a proper investigation.”
But pushing police and demanding reviews takes time, he said.
“How much time does one have in one’s day to hold the police accountable for what their job is?” he said.
“To what extent can survivors expect the criminal justice system to do so? [offer] a measure of justice? “
Angela Marie MacDougall is the Executive Director of Battered Women’s Support Services in Vancouver. (Submitted by Angela Marie MacDougall)
Percival said the review team used a three-step system to overcome the cases. They would start by looking at an electronic file and pointing out any lack of research. If a reviewer believes that a file has not been properly scanned, it is sent for a minor review.
A smaller group of reviewers was then assigned to suggest specific files for monitoring. Individual reviewers then determined whether additional research could change the outcome for specific files and made recommendations based on that determination.
Most of the cases sent back to the departments saw action
Investigators acted on 74 percent of the case files sent back to the departments. From the files that remained closed, Percival said local investigators may have other information that was not available on SART. He said additional information may have “prompted local researchers to re-evaluate the file and treat it differently from the SART recommendations”. The RCMP said that from now on, its audit team will now regularly review sexual assault investigations that end without charge. The force said this year that it also intends to conduct a review of sexual assault investigation files involving 12- to 17-year-olds. Percival said part of the group’s mandate is to review many types of sexual assault investigations, “especially those involving potentially vulnerable populations.” Despite promises made by RCMP HQ, MacDougall said she was not convinced much would change on the ground. “I do not expect there to be any learning that will actually reach the front line officers,” he said. “I do not expect any permanent change and I do not think I am wrong.”