https://wiki.clicklaw.bc.ca/api.php?action=feedcontributions&user=Neil+Chantler&feedformat=atomClicklaw Wikibooks - User contributions [en]2024-03-29T13:06:23ZUser contributionsMediaWiki 1.37.2https://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46542I Was Harassed or Assaulted by the Police2020-06-04T22:37:30Z<p>Neil Chantler: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
=How to start a lawsuit=<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
==Choosing whether or not to sue==<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
==How to commence your lawsuit==<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
==Naming and serving the defendant==<br />
===RCMP===<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
===Municipal police forces===<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
==What happens next?==<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
=How to file a human rights complaint= <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
=Where to get additional help=<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46541I Was Harassed or Assaulted by the Police2020-06-04T22:37:09Z<p>Neil Chantler: /* How to file a human rights complaint */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
=How to start a lawsuit=<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
==Choosing whether or not to sue==<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
==How to commence your lawsuit==<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
==Naming and serving the defendant==<br />
===RCMP===<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
===Municipal police forces===<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
==What happens next?==<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
=How to file a human rights complaint= <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46540I Was Harassed or Assaulted by the Police2020-06-04T22:36:04Z<p>Neil Chantler: /* How to start a lawsuit */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
=How to start a lawsuit=<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
==Choosing whether or not to sue==<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
==How to commence your lawsuit==<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
==Naming and serving the defendant==<br />
===RCMP===<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
===Municipal police forces===<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
==What happens next?==<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46539I Was Harassed or Assaulted by the Police2020-06-04T22:35:14Z<p>Neil Chantler: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46538I Was Harassed or Assaulted by the Police2020-06-04T22:33:55Z<p>Neil Chantler: /* 1.0 What is improper police behaviour? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==4.1 Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==4.2 Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==4.3 Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46537I Was Harassed or Assaulted by the Police2020-06-04T22:29:55Z<p>Neil Chantler: /* 4.3 Go to the hospital or your doctor */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==4.1 Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==4.2 Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==4.3 Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Ask the doctor to take detailed notes of your complaints. <br />
<br />
Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialist appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
Medical evidence is essential to prove your injuries following a police incident, if applicable.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46536I Was Harassed or Assaulted by the Police2020-06-04T22:26:50Z<p>Neil Chantler: /* Go to the hospital or your doctor */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==4.1 Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==4.2 Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==4.3 Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46535I Was Harassed or Assaulted by the Police2020-06-04T22:26:39Z<p>Neil Chantler: /* Preserve the evidence */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==4.1 Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==4.2 Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46534I Was Harassed or Assaulted by the Police2020-06-04T22:26:28Z<p>Neil Chantler: /* Write down what happened */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==4.1 Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46533I Was Harassed or Assaulted by the Police2020-06-04T22:26:10Z<p>Neil Chantler: /* How should I prove my case? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=4.0 How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46532I Was Harassed or Assaulted by the Police2020-06-04T22:25:49Z<p>Neil Chantler: /* Preserve the evidence */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46531I Was Harassed or Assaulted by the Police2020-06-04T22:25:16Z<p>Neil Chantler: /* What to do first */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=How should I prove my case?= <br />
==Write down what happened==<br />
Makes notes about the incident. These notes will help you recall details and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, and who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46530I Was Harassed or Assaulted by the Police2020-06-04T22:21:12Z<p>Neil Chantler: /* 3.0 When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
:City of Vancouver<br />
:453 West 12th Avenue<br />
:Vancouver, BC V5Y 1V4<br />
:Fax: (604) 873-7419<br />
<br />
:Attention: City Clerk<br />
<br />
:To Whom It May Concern:<br />
<br />
:Re: VPD Incident on [DATE]<br />
<br />
:I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46529I Was Harassed or Assaulted by the Police2020-06-04T22:19:35Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=3.0 When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46528I Was Harassed or Assaulted by the Police2020-06-04T22:19:14Z<p>Neil Chantler: /* 1. What is improper police behaviour? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1.0 What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46527I Was Harassed or Assaulted by the Police2020-06-04T22:19:02Z<p>Neil Chantler: /* What are my options? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1. What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=2.0 What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46526I Was Harassed or Assaulted by the Police2020-06-04T22:18:50Z<p>Neil Chantler: /* What is improper police behaviour? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=1. What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46525I Was Harassed or Assaulted by the Police2020-06-04T22:18:35Z<p>Neil Chantler: /* How to file a police complaint */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
=How to file a police complaint=<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46524I Was Harassed or Assaulted by the Police2020-06-04T22:18:04Z<p>Neil Chantler: /* What should I do first? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
=What to do first= <br />
==Write down what happened==<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
==Preserve the evidence==<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
==Go to the hospital or your doctor==<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46523I Was Harassed or Assaulted by the Police2020-06-04T22:17:24Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
=When do I have to act?=<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46522I Was Harassed or Assaulted by the Police2020-06-04T22:17:09Z<p>Neil Chantler: /* What are my options? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
=What are my options?=<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46521I Was Harassed or Assaulted by the Police2020-06-04T22:16:53Z<p>Neil Chantler: /* What is improper police behaviour? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
=What is improper police behaviour?=<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46520I Was Harassed or Assaulted by the Police2020-06-04T22:15:14Z<p>Neil Chantler: /* RCMP */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)" (pursuant to BC Order in Council 762/201 dated December 11, 2015). While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46394I Was Harassed or Assaulted by the Police2020-05-07T06:10:28Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
---<br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
---<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46393I Was Harassed or Assaulted by the Police2020-05-07T06:10:04Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46392I Was Harassed or Assaulted by the Police2020-05-07T06:08:57Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. If you have missed this two-month notice period, you should provide the notice as soon as possible. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
The requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=46391I Was Harassed or Assaulted by the Police2020-05-07T06:04:56Z<p>Neil Chantler: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br />
This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. <br />
<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*a police complaint,<br />
*a lawsuit, and <br />
*a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint.<br />
<br />
:A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within 12 months of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. <br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. <br />
<br />
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved.<br />
<br />
You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=45727I Was Harassed or Assaulted by the Police2020-02-04T02:17:23Z<p>Neil Chantler: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate. In some cases, it might be appropriate to commence two, or even all three, processes, but note a lawsuit might be stalled if there is a police complaint or a human rights complaint that was started but had not completed.<br />
<br />
:A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months. If you do not provide the municipality with this information you may be statute-barred from proceeding with your claim. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
The requirement to provide notice of the time, place and details of the incident within 2 months arises from the ''Local Government Act'' [RSBC 1996] c 323 and the ''Vancouver Charter'' [SBC 1953] c 55. <br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose to protect their privacy by not starting a lawsuit. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend a claim involving the RCMP. Court documents should be delivered by Registered Mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], February, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=45726I Was Harassed or Assaulted by the Police2020-02-04T02:17:05Z<p>Neil Chantler: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate. In some cases, it might be appropriate to commence two, or even all three, processes, but note a lawsuit might be stalled if there is a police complaint or a human rights complaint that was started but had not completed.<br />
<br />
:A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months. If you do not provide the municipality with this information you may be statute-barred from proceeding with your claim. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
The requirement to provide notice of the time, place and details of the incident within 2 months arises from the ''Local Government Act'' [RSBC 1996] c 323 and the ''Vancouver Charter'' [SBC 1953] c 55. <br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose to protect their privacy by not starting a lawsuit. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend a claim involving the RCMP. Court documents should be delivered by Registered Mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]],February, 2020}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=45725I Was Harassed or Assaulted by the Police2020-02-04T02:16:03Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate. In some cases, it might be appropriate to commence two, or even all three, processes, but note a lawsuit might be stalled if there is a police complaint or a human rights complaint that was started but had not completed.<br />
<br />
:A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months. If you do not provide the municipality with this information you may be statute-barred from proceeding with your claim. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
* Abbotsford Police Department<br />
* Central Saanich Police<br />
* Delta Police Department<br />
* Nelson Police Department<br />
* New Westminster Police Service<br />
* Oak Bay Police Department<br />
* Port Moody Police Department<br />
* Saanich Police Department<br />
* Vancouver Police Department<br />
* Victoria/Esquimalt Police Department<br />
* West Vancouver Police Department<br />
<br />
The requirement to provide notice of the time, place and details of the incident within 2 months arises from the ''Local Government Act'' [RSBC 1996] c 323 and the ''Vancouver Charter'' [SBC 1953] c 55. <br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose to protect their privacy by not starting a lawsuit. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend a claim involving the RCMP. Court documents should be delivered by Registered Mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=45724I Was Harassed or Assaulted by the Police2020-02-04T02:14:28Z<p>Neil Chantler: /* When do I have to act? */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate. In some cases, it might be appropriate to commence two, or even all three, processes, but note a lawsuit might be stalled if there is a police complaint or a human rights complaint that was started but had not completed.<br />
<br />
:A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months. If you do not provide the municipality with this information you may be statute-barred from proceeding with your claim. <br />
<br />
The following is a list of municipal police forces in British Columbia: <br />
Abbotsford Police Department<br />
Central Saanich Police<br />
Delta Police Department<br />
Nelson Police Department<br />
New Westminster Police Service<br />
Oak Bay Police Department<br />
Port Moody Police Department<br />
Saanich Police Department<br />
Vancouver Police Department<br />
Victoria/Esquimalt Police Department<br />
West Vancouver Police Department<br />
<br />
The requirement to provide notice of the time, place and details of the incident within 2 months arises from the ''Local Government Act'' [RSBC 1996] c 323 and the ''Vancouver Charter'' [SBC 1953] c 55. <br />
<br />
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: <br />
<br />
City of Vancouver<br />
453 West 12th Avenue<br />
Vancouver, BC V5Y 1V4<br />
Fax: (604) 873-7419<br />
<br />
Attention: City Clerk<br />
<br />
To Whom It May Concern:<br />
<br />
Re: VPD Incident on [DATE]<br />
<br />
I write pursuant to s. 294(2) of the Vancouver Charter, SBC 1953, c 55, to put the City of Vancouver on notice that I will be commencing a civil claim for damages against the City of Vancouver and members of the Vancouver Police Department. I was injured by members of the VPD on [DATE] at or near [PLACE].<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, <br />
* statements from witnesses, and<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to file a police complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.<br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose to protect their privacy by not starting a lawsuit. Lawsuits against the police sometimes attract the attention of media. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].<br />
<br />
===Naming and serving the defendant===<br />
====RCMP====<br />
<br />
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend a claim involving the RCMP. Court documents should be delivered by Registered Mail to:<br />
<br />
:Her Majesty the Queen in Right of the Province of BC <br />
:Minister of Public Safety and Solicitor General<br />
:PO Box 9010 Stn Prov Govt<br />
:Victoria, BC V8W 9E2<br />
<br />
====Municipal police forces====<br />
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. <br />
<br />
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
:City of Vancouver <br />
:453 West 12th Ave. <br />
:Vancouver, B.C. V5Y 1V4 <br />
:Attention: City Clerk <br />
<br />
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial. <br />
<br />
===What happens next?===<br />
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court — What's the Process?|I Need to Take Someone to Court]].<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.<br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|Private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=A_Federal_Government_Worker_Was_Abusive_to_Me&diff=34744A Federal Government Worker Was Abusive to Me2017-04-11T00:11:42Z<p>Neil Chantler: NC edits as requested</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}Unlike the [[A provincial government worker was abusive to me|provincial government]], the federal government (Government of Canada) does not have an Ombudsperson overseeing all federal departments. Some federal government ministries, departments or agencies such as Canada Post, do have an Ombudsperson, but others only have an informal process for handling complaints.<br />
<br />
== First steps == <br />
<br />
If you have a complaint against a federal government worker, you should follow these steps: <br />
<br />
#Make notes of the names of the officials you dealt with, their actions and the relevant dates.<br />
#Keep copies of all relevant documents.<br />
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.<br />
#<span class="noglossary">Contact</span> [[Service Canada]] at 1-800-622-6232. Have a pen and paper ready, because they only give information by phone.<br />
#Tell the Service Canada <span class="noglossary">agent</span> that you want to make a complaint, and give them the name of the ministry, department or agency. The Service Canada <span class="noglossary">agent</span> <span class="noglossary">will</span> give you a phone number, website address and other information about how to make a complaint about that particular office.<br />
<br />
== What happens next ==<br />
Depending on the office you are complaining about, you should receive some form of response from them within a reasonable period of time. If you don’t, you may wish to refer the complaint to your Member of Parliament. [[Service Canada]] can give you the name and <span class="noglossary">contact</span> information for your Member of Parliament.<br />
<br />
== Where to get help == <br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Service Canada]], where staff can provide <span class="noglossary">contact</span> information to make a complaint about a worker in a federal government ministry or agency. <br />
*Your local MP (Member of Parliament) may also be willing to help you with your complaint against a federal public agency. Call Service Canada at 1-800-622-6232 for <span class="noglossary">contact</span> information for your MP.<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=A_Provincial_Government_Worker_Was_Abusive_to_Me&diff=34743A Provincial Government Worker Was Abusive to Me2017-04-11T00:05:31Z<p>Neil Chantler: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}If you believe that a <span class="noglossary">decision</span> or <span class="noglossary">action</span> of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the [https://www.bcombudsperson.ca/ Office of the Ombudsperson]. The Ombudsperson can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about the following public agencies: <br />
<br />
* British Columbia government ministries, including complaints regarding income assistance and the Family Maintenance Enforcement Program;<br />
* Crown corporations such as ICBC and BC Hydro;<br />
* government boards such as WCB and the BC Human Rights Tribunal;<br />
* hospitals, health authorities, and health-related agencies such as Medical Services Plan and Pharmacare;<br />
* schools and school districts;<br />
* universities and colleges;<br />
* local governments; and <br />
* professional associations such as the Law Society and the College of Physicians and Surgeons.<br />
<br />
The Office of the Ombudsperson does not have jurisdiction to investigate complaints involving federal government ministries or programs, private corporations, the courts or the police. <br />
<br />
== First steps ==<br />
<br />
#Make notes of the names of the officials you deal with, their actions and the relevant dates.<br />
#Keep copies of all relevant documents.<br />
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.<br />
#Ask if the agency has its own process for reviewing or appealing the <span class="noglossary">decision</span>. If so, use it.<br />
#If you are not satisfied with the agency's complaint resolution, complete and send in a [https://bcombudsperson.ca/complaints/make-online-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsperson]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsperson complaint process.) You can also file a complaint by telephone between the hours of 8:30 am and 4:30 pm, Monday to Friday: 1-800-567-3247.<br />
<br />
== What happens next ==<br />
<br />
The Office of the Ombudsperson will first assess your complaint to determine whether or not it falls within the jurisdiction of the Ombudsperson. You <span class="noglossary">will</span> then be contacted by a worker from the Office of the Ombudsperson to discuss your complaint. If the complaint proceeds, the public agency <span class="noglossary">will</span> be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsperson <span class="noglossary">will</span> conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsperson may issue a public report.<br />
<br />
The Office of the Ombudsperson does not have the authority to <span class="noglossary">order</span> a public agency to take certain <span class="noglossary">action</span>. However, because the Ombudsperson reports directly to the BC Legislature, agencies usually do not ignore the Ombudsperson's recommendations. <br />
<br />
In any given case, the Ombudsperson may: <br />
* provide you with information about what steps to take to resolve a complaint; <br />
* resolve your complaint through consultation; <br />
* investigate your complaint about administrative unfairness; <br />
* make recommendations to a public authority; or <br />
* issue a report to the Legislative Assembly. <br />
<br />
If you are not happy with the outcome of the Ombudsperson's investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsperson's office.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = The Ombudsperson may refuse to investigate if you have not used an internal review process. For example, many decisions [[I have been denied or cut off welfare|denying welfare benefits]] can be reviewed and repealed under the ''Employment and Income Assistance Act''. Use that review/appeal process first before going to the Ombudsperson.<br />
}}<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Ombudsperson]], including the Ombudsperson website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks.<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
<br />
Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for <span class="noglossary">contact</span> information for your MLA.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=A_Provincial_Government_Worker_Was_Abusive_to_Me&diff=34742A Provincial Government Worker Was Abusive to Me2017-04-11T00:04:02Z<p>Neil Chantler: </p>
<hr />
<div>If you believe that a <span class="noglossary">decision</span> or <span class="noglossary">action</span> of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the [https://www.bcombudsperson.ca/ Office of the Ombudsperson]. The Ombudsperson can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about the following public agencies: <br />
<br />
* British Columbia government ministries, including complaints regarding income assistance and the Family Maintenance Enforcement Program;<br />
* Crown corporations such as ICBC and BC Hydro;<br />
* government boards such as WCB and the BC Human Rights Tribunal;<br />
* hospitals, health authorities, and health-related agencies such as Medical Services Plan and Pharmacare;<br />
* schools and school districts;<br />
* universities and colleges;<br />
* local governments; and <br />
* professional associations such as the Law Society and the College of Physicians and Surgeons.<br />
<br />
The Office of the Ombudsperson does not have jurisdiction to investigate complaints involving federal government ministries or programs, private corporations, the courts or the police. <br />
<br />
== First steps ==<br />
<br />
#Make notes of the names of the officials you deal with, their actions and the relevant dates.<br />
#Keep copies of all relevant documents.<br />
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.<br />
#Ask if the agency has its own process for reviewing or appealing the <span class="noglossary">decision</span>. If so, use it.<br />
#If you are not satisfied with the agency's complaint resolution, complete and send in a [https://bcombudsperson.ca/complaints/make-online-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsperson]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsperson complaint process.) You can also file a complaint by telephone between the hours of 8:30 am and 4:30 pm, Monday to Friday: 1-800-567-3247.<br />
<br />
== What happens next ==<br />
<br />
The Office of the Ombudsperson will first assess your complaint to determine whether or not it falls within the jurisdiction of the Ombudsperson. You <span class="noglossary">will</span> then be contacted by a worker from the Office of the Ombudsperson to discuss your complaint. If the complaint proceeds, the public agency <span class="noglossary">will</span> be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsperson <span class="noglossary">will</span> conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsperson may issue a public report.<br />
<br />
The Office of the Ombudsperson does not have the authority to <span class="noglossary">order</span> a public agency to take certain <span class="noglossary">action</span>. However, because the Ombudsperson reports directly to the BC Legislature, agencies usually do not ignore the Ombudsperson's recommendations. <br />
<br />
In any given case, the Ombudsperson may: <br />
* provide you with information about what steps to take to resolve a complaint; <br />
* resolve your complaint through consultation; <br />
* investigate your complaint about administrative unfairness; <br />
* make recommendations to a public authority; or <br />
* issue a report to the Legislative Assembly. <br />
<br />
If you are not happy with the outcome of the Ombudsperson's investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsperson's office.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = The Ombudsperson may refuse to investigate if you have not used an internal review process. For example, many decisions [[I have been denied or cut off welfare|denying welfare benefits]] can be reviewed and repealed under the ''Employment and Income Assistance Act''. Use that review/appeal process first before going to the Ombudsperson.<br />
}}<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Ombudsperson]], including the Ombudsperson website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks.<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
<br />
Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for <span class="noglossary">contact</span> information for your MLA.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=A_Provincial_Government_Worker_Was_Abusive_to_Me&diff=34741A Provincial Government Worker Was Abusive to Me2017-04-11T00:00:20Z<p>Neil Chantler: </p>
<hr />
<div>If you believe that a <span class="noglossary">decision</span> or <span class="noglossary">action</span> of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the [https://www.bcombudsperson.ca/ Office of the Ombudsperson]. The Ombudsperson can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about the following public agencies: <br />
<br />
* British Columbia government ministries, including complaints regarding income assistance and the Family Maintenance Enforcement Program;<br />
* Crown corporations such as ICBC and BC Hydro;<br />
* government boards such as WCB and the BC Human Rights Tribunal;<br />
* hospitals, health authorities, and health-related agencies such as Medical Services Plan and Pharmacare;<br />
* schools and school districts;<br />
* universities and colleges;<br />
* local governments; and <br />
* professional associations such as the Law Society and the College of Physicians and Surgeons.<br />
<br />
The Office of the Ombudsperson does not have jurisdiction to investigate complaints involving federal government ministries or programs, private corporations, the courts or the police. <br />
<br />
== First steps ==<br />
<br />
#Make notes of the names of the officials you deal with, their actions and the relevant dates.<br />
#Keep copies of all relevant documents.<br />
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.<br />
#Ask if the agency has its own process for reviewing or appealing the <span class="noglossary">decision</span>. If so, use it.<br />
#If you are not satisfied with the agency's complaint resolution, complete and send in a [https://bcombudsperson.ca/complaints/make-online-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsperson]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsperson complaint process.) You can also file a complaint by telephone between the hours of 8:30 am and 4:30 pm, Monday to Friday: 1-800-567-3247.<br />
<br />
== What happens next ==<br />
<br />
The Office of the Ombudsperson will first assess your complaint to determine whether or not it falls within the jurisdiction of the Ombudsperson. You <span class="noglossary">will</span> then be contacted by a worker from the Office of the Ombudsperson to discuss your complaint. If the complaint proceeds, the public agency <span class="noglossary">will</span> be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsperson <span class="noglossary">will</span> conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsperson may issue a public report.<br />
<br />
The Office of the Ombudsperson does not have the authority to <span class="noglossary">order</span> a public agency to take certain <span class="noglossary">action</span>. However, because the Ombudsperson reports directly to the BC Legislature, agencies usually do not ignore the Ombudsperson's recommendations. <br />
<br />
In any given case, the Ombudsperson may: <br />
* provide you with information about what steps to take to resolve a complaint; <br />
* resolve your complaint through consultation; <br />
* investigate your complaint about administrative unfairness; <br />
* make recommendations to a public authority; or <br />
* issue a report to the Legislative Assembly. <br />
<br />
If you are not happy with the outcome of the Ombudsperson's investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsperson's office.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = The Ombudsperson may refuse to investigate if you have not used an internal review process. For example, many decisions [[I have been denied or cut off welfare|denying welfare benefits]] can be reviewed and repealed under the ''Employment and Income Assistance Act''. Use that review/appeal process first before going to the Ombudsman.<br />
}}<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Ombudsman]], including the Ombudsperson website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks.<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
<br />
Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for <span class="noglossary">contact</span> information for your MLA.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=A_Provincial_Government_Worker_Was_Abusive_to_Me&diff=34740A Provincial Government Worker Was Abusive to Me2017-04-10T23:59:07Z<p>Neil Chantler: NC edits as requested</p>
<hr />
<div>If you believe that a decision or action of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the [https://www.bcombudsperson.ca/ Office of the Ombudsperson]. The Ombudsperson can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about the following public agencies: <br />
<br />
* British Columbia government ministries, including complaints regarding income assistance and the Family Maintenance Enforcement Program;<br />
* Crown corporations such as ICBC and BC Hydro;<br />
* government boards such as WCB and the BC Human Rights Tribunal;<br />
* hospitals, health authorities, and health-related agencies such as Medical Services Plan and Pharmacare;<br />
* schools and school districts;<br />
* universities and colleges;<br />
* local governments; and <br />
* professional associations such as the Law Society and the College of Physicians and Surgeons.<br />
<br />
The Office of the Ombudsperson does not have jurisdiction to investigate complaints involving federal government ministries or programs, private corporations, the courts or the police. <br />
<br />
== First steps ==<br />
<br />
#Make notes of the names of the officials you deal with, their actions and the relevant dates.<br />
#Keep copies of all relevant documents.<br />
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.<br />
#Ask if the agency has its own process for reviewing or appealing the <span class="noglossary">decision</span>. If so, use it.<br />
#If you are not satisfied with the agency's complaint resolution, complete and send in a [https://bcombudsperson.ca/complaints/make-online-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsperson]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsperson complaint process.) You can also file a complaint by telephone between the hours of 8:30 am and 4:30 pm, Monday to Friday: 1-800-567-3247.<br />
<br />
== What happens next ==<br />
<br />
The Office of the Ombudsperson will first assess your complaint to determine whether or not it falls within the jurisdiction of the Ombudsperson. You <span class="noglossary">will</span> then be contacted by a worker from the Office of the Ombudsperson to discuss your complaint. If the complaint proceeds, the public agency <span class="noglossary">will</span> be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsperson <span class="noglossary">will</span> conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsperson may issue a public report.<br />
<br />
The Office of the Ombudsperson does not have the authority to <span class="noglossary">order</span> a public agency to take certain <span class="noglossary">action</span>. However, because the Ombudsperson reports directly to the BC Legislature, agencies usually do not ignore the Ombudsperson's recommendations. <br />
<br />
In any given case, the Ombudsperson may: <br />
* provide you with information about what steps to take to resolve a complaint; <br />
* resolve your complaint through consultation; <br />
* investigate your complaint about administrative unfairness; <br />
* make recommendations to a public authority; or <br />
* issue a report to the Legislative Assembly. <br />
<br />
If you are not happy with the outcome of the Ombudsperson's investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsperson's office.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = The Ombudsperson may refuse to investigate if you have not used an internal review process. For example, many decisions [[I have been denied or cut off welfare|denying welfare benefits]] can be reviewed and repealed under the ''Employment and Income Assistance Act''. Use that review/appeal process first before going to the Ombudsman.<br />
}}<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Ombudsman]], including the Ombudsperson website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks.<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
<br />
Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for <span class="noglossary">contact</span> information for your MLA.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[David Eby]], January 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=29988I Was Harassed or Assaulted by the Police2016-07-05T17:08:38Z<p>Neil Chantler: Minor edits.</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate.<br />
<br />
A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, or<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to File a Police Complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy. <br />
<br />
===Choosing the correct court===<br />
Should you file your lawsuit in Provincial (Small Claims) Court or Supreme Court? There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court: <br />
<br />
====Small Claims Court====<br />
* simple procedures meant to be accessible to the public, <br />
* no lawyers required,<br />
* less time to mediation and trial, <br />
* judgments for damages limited to a maximum of $25,000, and<br />
* no awards for legal costs (this could be an incentive or a disincentive).<br />
<br />
====Supreme Court====<br />
* no limit on the possible award for damages, <br />
* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive), <br />
* many procedural steps, a lawyer is not necessary but is desirable, and <br />
* timely and costly. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place. <br />
<br />
The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General).” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. <br />
<br />
The appropriate defendant to name in cases involving municipal police officers is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the City of Vancouver as a defendant. It is not proper to name the Vancouver Police Department; it is not a legal entity capable of being sued. <br />
<br />
You should not name individual officers as defendants except in the most egregious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the outset of the case. <br />
<br />
===What happens next?===<br />
There are many procedural steps that must be followed in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant. <br />
<br />
Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:<br />
<br />
<blockquote><br />
Her Majesty the Queen in Right of the Province of BC<br />
Attorney General and Minister of Justice<br />
PO BOX 9044 Stn Prov Govt<br />
Victoria BC V8W 9E2<br />
</blockquote><br />
<br />
In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
<blockquote><br />
City of Vancouver<br />
453 West 12th Ave.<br />
Vancouver, B.C. V5Y 1V4<br />
Attention: City Clerk<br />
</blockquote><br />
<br />
For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served.<br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. <br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], December 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=29986I Was Harassed or Assaulted by the Police2016-07-05T16:59:50Z<p>Neil Chantler: Clarity.</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate.<br />
<br />
A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, or<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to File a Police Complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
Police Complaints Commissioner (BC)If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the only option that will provide you with compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy. <br />
<br />
===Choosing the correct court===<br />
There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court: <br />
<br />
====Small Claims Court====<br />
* simple procedures meant to be accessible to the public, <br />
* no lawyers required,<br />
* less time to mediation and trial, <br />
* judgments for damages limited to a maximum of $25,000, and<br />
* no awards for legal costs (this could be an incentive or disincentive).<br />
<br />
====Supreme Court====<br />
* no limit on the possible award for damages, <br />
* partial legal costs usually awarded to successful party (again, could be an incentive or disincentive), <br />
* many procedural steps, a lawyer is not necessary but is desirable, and <br />
* timely and costly. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place. <br />
<br />
The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia.” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. <br />
<br />
The appropriate defendant to name in cases involving municipal police officers is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the City of Vancouver as a defendant. It is not proper to name the Vancouver Police Department – it is not a legal entity capable of being sued. <br />
<br />
You should not name individual officers as defendants except in the most egregious cases of misconduct.<br />
<br />
===What happens next?===<br />
There are many procedural steps that must be following in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant. <br />
<br />
Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:<br />
<br />
<blockquote><br />
Her Majesty the Queen in Right of the Province of BC<br />
Attorney General and Minister of Justice<br />
PO BOX 9044 Stn Prov Govt<br />
Victoria BC V8W 9E2<br />
</blockquote><br />
<br />
In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
<blockquote><br />
City of Vancouver<br />
453 West 12th Ave.<br />
Vancouver, B.C. V5Y 1V4<br />
Attention: City Clerk<br />
</blockquote><br />
<br />
For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served. <br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. <br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], December 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=29985I Was Harassed or Assaulted by the Police2016-07-05T16:57:10Z<p>Neil Chantler: Minor additions.</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate.<br />
<br />
A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, or<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.<br />
<br />
==How to File a Police Complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
In no case will you be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
Police Complaints Commissioner (BC)If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the only option that will provide you with compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy. <br />
<br />
===Choosing the correct court===<br />
There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court: <br />
<br />
====Small Claims Court====<br />
* simple procedures meant to be accessible to the public, <br />
* no lawyers required,<br />
* less time to mediation and trial, <br />
* judgments for damages limited to a maximum of $25,000, and<br />
* no awards for legal costs (this could be an incentive or disincentive).<br />
<br />
====Supreme Court====<br />
* no limit on the possible award for damages, <br />
* partial legal costs usually awarded to successful party (again, could be an incentive or disincentive), <br />
* many procedural steps, a lawyer is not necessary but is desirable, and <br />
* timely and costly. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place. <br />
<br />
The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia.” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. <br />
<br />
The appropriate defendant to name in cases involving municipal police officers is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the City of Vancouver as a defendant. It is not proper to name the Vancouver Police Department – it is not a legal entity capable of being sued. <br />
<br />
You should not name individual officers as defendants except in the most egregious cases of misconduct.<br />
<br />
===What happens next?===<br />
There are many procedural steps that must be following in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant. <br />
<br />
Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:<br />
<br />
<blockquote><br />
Her Majesty the Queen in Right of the Province of BC<br />
Attorney General and Minister of Justice<br />
PO BOX 9044 Stn Prov Govt<br />
Victoria BC V8W 9E2<br />
</blockquote><br />
<br />
In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
<blockquote><br />
City of Vancouver<br />
453 West 12th Ave.<br />
Vancouver, B.C. V5Y 1V4<br />
Attention: City Clerk<br />
</blockquote><br />
<br />
For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served. <br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. <br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], December 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantlerhttps://wiki.clicklaw.bc.ca/index.php?title=I_Was_Harassed_or_Assaulted_by_the_Police&diff=29984I Was Harassed or Assaulted by the Police2016-07-05T16:54:30Z<p>Neil Chantler: I added the CHRT.</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
==What is improper police behaviour?==<br />
Examples of improper police behaviour include:<br />
*using excessive force in the course of an arrest or investigation,<br />
*arresting or detaining someone without reasonable grounds, <br />
*obtaining a search warrant using false information, <br />
*harassing or targeting members of the public for an improper reason, and<br />
*driving recklessly or dangerously.<br />
<br />
==What are my options?==<br />
You have at least three options. You could choose one or more of these: <br />
*file a police complaint,<br />
*file a lawsuit, and <br />
*file a human rights complaint. <br />
<br />
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option(s) to pursue. A lawyer can give you advice on which option(s) are appropriate.<br />
<br />
A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. <br />
<br />
A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. <br />
<br />
A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.<br />
<br />
==When do I have to act?==<br />
<br />
This depends on which option(s) you choose to pursue. For example: <br />
*police complaints must normally be filed within ''12 months'' of the incident, <br />
*lawsuits must normally be filed within ''2 years'' of the incident, and <br />
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' of the incident. <br />
<br />
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."<br />
<br />
==What should I do first?== <br />
===Write down what happened===<br />
Notes recorded right after the incident will support your credibility down the road. You should include the following details: <br />
*date and time of the incident,<br />
*what were you doing prior to the incident,<br />
*who was involved, who witnessed the incident, <br />
*the number and description of police officers involved, <br />
*what happened during the incident, in as much detail as possible, <br />
*who said what during the incident, and<br />
*what happened after the incident.<br />
<br />
===Preserve the evidence===<br />
There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: <br />
* video/audio recordings of the incident, <br />
* photographs taken during the incident, <br />
* photographs of injuries taken after the incident, <br />
* badge numbers, business cards of officers involved, or<br />
* any other items or documents related to the incident.<br />
<br />
===Go to the hospital or your doctor===<br />
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advise. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. <br />
<br />
==How to File a Police Complaint==<br />
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.<br />
<br />
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. <br />
<br />
If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. <br />
<br />
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.<br />
<br />
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. <br />
<br />
{{Tipsbox<br />
| width =60%<br />
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-<span class="noglossary">duty</span> police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC]. <br />
}}<br />
<br />
==What happens next==<br />
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened. <br />
<br />
In no case will you be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.<br />
<br />
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.<br />
<br />
In involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.<br />
<br />
In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.<br />
<br />
==How to start a lawsuit==<br />
<br />
Police Complaints Commissioner (BC)If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money. <br />
<br />
===Choosing whether or not to sue===<br />
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. <br />
<br />
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the only option that will provide you with compensation for those losses. <br />
<br />
You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy. <br />
<br />
===Choosing the correct court===<br />
There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court: <br />
<br />
====Small Claims Court====<br />
* simple procedures meant to be accessible to the public, <br />
* no lawyers required,<br />
* less time to mediation and trial, <br />
* judgments for damages limited to a maximum of $25,000, and<br />
* no awards for legal costs (this could be an incentive or disincentive).<br />
<br />
====Supreme Court====<br />
* no limit on the possible award for damages, <br />
* partial legal costs usually awarded to successful party (again, could be an incentive or disincentive), <br />
* many procedural steps, a lawyer is not necessary but is desirable, and <br />
* timely and costly. <br />
<br />
Whatever court you choose, be aware the police will be represented by lawyers. <br />
<br />
===How to commence your lawsuit===<br />
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place. <br />
<br />
The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia.” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. <br />
<br />
The appropriate defendant to name in cases involving municipal police officers is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the City of Vancouver as a defendant. It is not proper to name the Vancouver Police Department – it is not a legal entity capable of being sued. <br />
<br />
You should not name individual officers as defendants except in the most egregious cases of misconduct.<br />
<br />
===What happens next?===<br />
There are many procedural steps that must be following in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant. <br />
<br />
Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:<br />
<br />
<blockquote><br />
Her Majesty the Queen in Right of the Province of BC<br />
Attorney General and Minister of Justice<br />
PO BOX 9044 Stn Prov Govt<br />
Victoria BC V8W 9E2<br />
</blockquote><br />
<br />
In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address: <br />
<br />
<blockquote><br />
City of Vancouver<br />
453 West 12th Ave.<br />
Vancouver, B.C. V5Y 1V4<br />
Attention: City Clerk<br />
</blockquote><br />
<br />
For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served. <br />
<br />
==How to file a human rights complaint== <br />
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. <br />
<br />
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.<br />
<br />
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.<br />
<br />
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. <br />
<br />
==Where to get help==<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
<br />
*[[Civilian Review and Complaints Commission for the RCMP]]<br />
*Office of the [[Police Complaints Commissioner (BC)]]<br />
*[[BC Civil Liberties Association]]<br />
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]<br />
*[[Community Legal Assistance Society]]<br />
*[http://www.bchrc.net/ BC Human Rights Clinic]<br />
*[[Access Pro Bono]]<br />
*[http://www.pivotlegal.org/ Pivot Legal Society]<br />
*[[Lawyer Referral Service]] <br />
*[[Private Bar Lawyers|private bar lawyers]]<br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."<br />
*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]."<br />
<br />
{{REVIEWED | reviewer = [[Neil Chantler]], December 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Neil Chantler