ARCHIVED - Chair-Initiated Complaint into the Public Disclosure by the RCMP of its Criminal Investigation Regarding the Taxation of Canadian Corporate Dividends and Income Trusts

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As Chair of the Commission for Public Complaints Against the RCMP, I am initiating a complaint into the public disclosure by members of the RCMP to Ms. Judy Wasylycia-Leis, M.P. on December 23, 2005, that it would be commencing a criminal investigation in relation to a possible breach of security or illegal transfer of information in advance of the federal government's announcement of changes to the taxation of Canadian Corporate Dividends and Income Trusts. I will also look at the additional disclosure contained in an RCMP press release dated December 28, 2005.

Concerns have been expressed that the public release of such information was inconsistent with normal police practice, procedures and policies and interfered with the democratic process during the general federal election of 2005.

I am satisfied that there are reasonable grounds to investigate the circumstances surrounding the disclosure of such information. Accordingly, pursuant to subsection 45.37(1) of the RCMP Act, I am initiating a complaint into the conduct of the RCMP officers involved in this incident, specifically:

  1. whether the RCMP officers involved in the public release of such information complied with all appropriate policies, procedures, guidelines and statutory requirements for the release of such information,
  2. whether such policies, procedures and guidelines are adequate to address the situation wherein public disclosure of a police investigation may have an impact upon the democratic process and may call into question public confidence in the independence of the police.

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