RCMP did nothing wrong in NDP caucus case: watchdog

Ottawa (Canadian Press) – The watchdog over the RCMP says the national police force did nothing improper in ending its probe of a much-publicized NDP caucus recording without laying charges.

A report by the Commission for Public Complaints Against the RCMP also says there was “no evidence of political interference” in the “thorough” police investigation.

“The decision to conclude the investigation was reasonable in the circumstances,” says the March report by commission chairman Ian McPhail.

The Canadian Press obtained a copy of the commission’s interim findings on the matter under the Access to Information Act.

It’s the latest — and likely close-to-final — chapter in a memorable political drama that unfolded in late 2008, almost toppling the minority Conservative government.

The Liberals, NDP and Bloc Quebecois hatched plans to defeat the Tories in a non-confidence vote over a federal economic update, which opposition parties said sorely lacked the sort of stimulus needed to resuscitate the ailing economy.

The Conservatives quickly went on the attack, citing an audiotape of an NDP conference call in which New Democrat Leader Jack Layton referred to plans to work with the Bloc toward defeating the Tories.

The Tories said the caucus discussion was evidence of a long-standing, calculated plot to dethrone them — an allegation the NDP denied.

The uproar about the recording was largely forgotten as the government came perilously near the brink of defeat. Prime Minister Stephen Harper opted to pull the plug on Parliament rather than face the Dec. 8, 2008, non-confidence vote.

Meanwhile, the New Democrats asked the Mounties to investigate whether the Conservatives committed a criminal offence by listening in on and recording the caucus call.

In a letter to RCMP Commissioner William Elliott, the party identified John Duncan, Tory MP for Vancouver Island North, as the one who “apparently” taped the conference call.

In March 2009, the RCMP informed senior NDP official Anne McGrath that the force’s investigation “did not identify sufficient evidence” to warrant a criminal charge. The determination was made in consultation with the director of special prosecutions in the Ontario attorney general’s ministry.

Seven months later, a complaint was lodged with the RCMP watchdog on behalf of McGrath. It alleged two RCMP members failed to conduct a thorough probe and improperly halted the investigation. The complaint also asked the commission to determine whether there was any political interference.

The complaints commission decided in October 2009 to conduct a public-interest investigation.

The commission’s interim report confirms that John Duncan mistakenly received an email invitation to the Nov. 29, 2008, caucus phone call intended for newly elected New Democrat Linda Duncan.

The Conservatives had said in late November 2008 they dialled into the call after receiving an email at a Tory address.

“We were invited,” Harper spokesman Dimitri Soudas said at the time. “When you get invited somewhere you have the opportunity to choose to participate or not participate.”

The commission report says Soudas and John Duncan declined to be interviewed by the RCMP.

In the end, the Mounties were “unable to conclusively determine” who had actually recorded the caucus meeting, prompting them to end their investigation, McPhail’s report states.

“None of the people who may have been involved in the alleged offence agreed to provide the members with statements and they were under no obligation to do so,” the report says, adding “there was no physical evidence in support of any offence.”

The email received by Duncan referred to a caucus meeting, but “did not state that it was an NDP caucus meeting,” the report notes. “In addition, there was no confidentiality warning on the email in case it had been sent to the wrong recipient.”

Complainants often assume the failure of police to lay charges is evidence of a substandard investigation, McPhail says in his report. “My view is that the adequacy of a criminal investigation is not necessarily determined by the laying of charges.”

The two Mounties on the case told the commission they were not pressured in any way to wrap up the investigation, leading McPhail to find no evidence of political interference.

The commission is expected to prepare a final report upon receiving comments from Elliott.

Neither the RCMP nor the NDP had comment Monday on the interim report.