Complaints Against the RCMP: Difference between revisions
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{{REVIEWEDPLS | reviewer = [https://www.crcc-ccetp.gc.ca | {{REVIEWEDPLS | reviewer = [https://www.crcc-ccetp.gc.ca Civilian Review and Complaints Commission for the RCMP]|date= March 2019}} {{Dial-A-Law TOC|expanded = crime}} | ||
If you | If you have concerns about the on-duty conduct of an RCMP officer, you have options, which can include filing a complaint and suing. The options vary depending on the situation. | ||
== | ==What you should know== | ||
===The RCMP polices most communities in BC, but not all of them=== | ===The RCMP polices most communities in BC, but not all of them=== | ||
Most of rural BC and many municipalities are policed by the Royal Canadian Mounted Police (the RCMP). | Most of rural BC and many municipalities are policed by the Royal Canadian Mounted Police (the RCMP). [http://www.rcmp-grc.gc.ca/detach/en/find/BC A full list of communities in BC policed by the RCMP is available on their website]. | ||
Some municipalities in BC are policed by their own police force, including several in the Vancouver and Victoria areas. If you have a complaint about a local police force, | Some municipalities in BC are policed by their own police force, including several in the Vancouver and Victoria areas. If you have a complaint about a local police force, [[Complaints Against the Municipal Police|see our information on complaints against the municipal police]]. | ||
===If you are concerned with an RCMP officer’s conduct=== | ===If you are concerned with an RCMP officer’s on-duty conduct=== | ||
You may be concerned with the conduct of an RCMP officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the RCMP damaged your property. | You may be concerned with the on-duty conduct of an RCMP officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the RCMP damaged your property. | ||
You have at least four options, depending on the situation: | You have at least four options, depending on the situation: | ||
# filing a police complaint, | # filing a police complaint, | ||
# suing the police, | # suing the police, | ||
# filing a human rights complaint, and | # filing a human rights complaint, and | ||
# pursuing criminal charges. | # pursuing criminal charges. | ||
| Line 21: | Line 22: | ||
===Filing a police complaint=== | ===Filing a police complaint=== | ||
Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered. | If you have concerns with an RCMP officer’s conduct, you can '''make a complaint'''. [http://www.rcmp-grc.gc.ca/detach/en/find/BC You can submit a complaint at an RCMP office] or [https://www.crcc-ccetp.gc.ca/en/make-complaint with an independent agency that reviews complaints made against RCMP officers]. | ||
Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered. | |||
We explain the steps in making a complaint shortly. | We explain the steps in making a complaint shortly. | ||
===Suing the RCMP=== | ===Suing the RCMP=== | ||
If an RCMP officer injured you, damaged your property, or violated your rights, you may be able to '''sue''' the officer and the RCMP in civil court. | If an RCMP officer injured you, damaged your property, or violated your rights, you may be able to '''sue''' the officer and the RCMP in civil court. | ||
Suing the police might lead to a settlement or judgment involving the payment of money. | Suing the police might lead to a settlement or judgment involving the payment of money. | ||
A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within '''two years''' of the incident. See our information on | A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within '''two years''' of the incident. [[Starting a Lawsuit|See our information on starting a lawsuit]]. | ||
===Filing a human rights complaint=== | ===Filing a human rights complaint=== | ||
If you believe you have been discriminated against by the RCMP, you can consider '''filing a human rights complaint'''. | If you believe you have been discriminated against by the RCMP, you can consider '''filing a human rights complaint'''. | ||
A human rights complaint might lead to a settlement or judgment involving the payment of money. | A human rights complaint might lead to a settlement or judgment involving the payment of money. | ||
A human rights complaint against the RCMP | A human rights complaint against the RCMP [https://www.chrc-ccdp.gc.ca/eng is filed with the Canadian Human Rights Commission]. The complaint must normally be filed within '''12 months''' of the incident. | ||
===Pursuing criminal charges=== | ===Pursuing criminal charges=== | ||
If you believe an RCMP officer committed a crime, you can pursue having '''criminal charges''' brought against the officer. | If you believe an RCMP officer committed a crime, you can pursue having '''criminal charges''' brought against the officer. | ||
If charges are laid, the officer would face criminal proceedings. | If charges are laid, the officer would face criminal proceedings. | ||
The process starts with you raising your concerns with the RCMP. They may investigate. Their investigation could result in a '''report to Crown counsel''' (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges. | The process starts with you raising your concerns with the RCMP. They may investigate. Their investigation could result in a '''report to Crown counsel''' (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges. | ||
If the RCMP doesn’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a '''justice of the peace''' to ask that the officer be charged. For more on this process, | If the RCMP doesn’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a '''justice of the peace''' to ask that the officer be charged. For more on this process, [[Charging Someone with a Criminal Offence|see our information on charging someone with a criminal offence]]. | ||
===If a police incident results in death or serious harm=== | ===If a police incident results in death or serious harm=== | ||
If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. | If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec38.02_smooth The ''Police Act''] requires the '''Independent Investigation Office''' to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for the RCMP or a municipal police force. | ||
If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, | If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, [http://iiobc.ca/ see the office’s website]. | ||
==The steps in filing a police complaint== | ==The steps in filing a police complaint== | ||
===Who can make a complaint=== | ===Who can make a complaint=== | ||
Anyone with some '''connection to the conduct''' of an RCMP officer can make a complaint against the officer. A connection means the officer’s conduct affected you or someone you’re acting for. Or you were present when the conduct occurred, or you suffered some harm or loss from it. | Anyone with some '''connection to the on-duty conduct''' of an RCMP officer can make a complaint against the officer. A connection means the officer’s on-duty conduct affected you directly or someone you’re acting for. Or you were present when the conduct occurred, or you suffered some harm or loss from it. | ||
===Step 1. Make a complaint=== | ===Step 1. Make a complaint=== | ||
You make a complaint | [https://www.crcc-ccetp.gc.ca/en/make-complaint You '''make a complaint''' to the Civilian Review and Complaints Commission for the RCMP], or [http://www.rcmp-grc.gc.ca/detach/en/find/BC at an RCMP office]. | ||
The Commission is an independent agency that ensures that public complaints made about the conduct of RCMP members are examined fairly and impartially. The Commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP’s handling of their complaints. The Commission is not part of the RCMP. The Commission has interpretation services for various languages. | |||
You can make a complaint to the Commission: | |||
* [http://www.crcc-ccetp.gc.ca/en/make-complaint-form Using the online complaint form on the Commission website]. | |||
* | * By phone by calling the Commission toll-free at 1-800-665-6878. | ||
* By phone by calling the Commission toll-free at 1-800-665-6878. | * By fax or mail, [http://www.crcc-ccetp.gc.ca/pdf/complaintplainte-en.pdf using the fillable complaint form on the Commission website]. | ||
* By fax or mail, | |||
Make your complaint as soon as possible after an incident, while memories are fresh and evidence is still available. The deadline to complain is '''one year''' from the date of an incident. The Commission can extend the deadline if it decides there’s a good reason. | Make your complaint as soon as possible after an incident, while memories are fresh and evidence is still available. The deadline to complain is '''one year''' from the date of an incident. The Commission can extend the deadline if it decides there’s a good reason. | ||
===Step 2. The complaint is investigated=== | ===Step 2. The complaint is investigated=== | ||
The Commission usually sends the complaint to the RCMP to '''investigate'''. (Sometimes the Commission will investigate a complaint itself.) | The Commission usually sends the complaint to the RCMP to '''investigate'''. (Sometimes the Commission will investigate a complaint itself.) | ||
The RCMP investigates your complaint and then reports to you in writing. If you are satisfied with the report, that’s the end of the complaint. | The RCMP investigates your complaint and then reports to you in writing. If you are satisfied with the report, that’s the end of the complaint. | ||
===Step 3. Request a review=== | ===Step 3. Request a review=== | ||
If you are not satisfied with the RCMP report on your complaint, you can ask the Commission to '''review your complaint'''. | If you are not satisfied with the RCMP report on your complaint, you can ask the Commission to '''review your complaint'''. [http://www.crcc-ccetp.gc.ca/en/request-review You can request a review online] or by phone, fax or mail. [https://www.crcc-ccetp.gc.ca/en/complaint-and-review-process The Commission website explains the process]. | ||
You have 60 days from when you receive the RCMP report to request a review. The Commission can extend that time if it decides there is a good reason. | You have 60 days from when you receive the RCMP report to request a review. The Commission can extend that time if it decides there is a good reason. | ||
The Commission will get the necessary information from the RCMP and review the RCMP report. During its review, the Commission can: | The Commission will get the necessary information from the RCMP and review the RCMP report. During its review, the Commission can: | ||
* review the complaint without investigating further | * review the complaint without investigating further | ||
* ask the RCMP to investigate further | * ask the RCMP to investigate further | ||
Latest revision as of 04:10, 15 September 2020
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Civilian Review and Complaints Commission for the RCMP in March 2019. |
If you have concerns about the on-duty conduct of an RCMP officer, you have options, which can include filing a complaint and suing. The options vary depending on the situation.
What you should know
The RCMP polices most communities in BC, but not all of them
Most of rural BC and many municipalities are policed by the Royal Canadian Mounted Police (the RCMP). A full list of communities in BC policed by the RCMP is available on their website.
Some municipalities in BC are policed by their own police force, including several in the Vancouver and Victoria areas. If you have a complaint about a local police force, see our information on complaints against the municipal police.
If you are concerned with an RCMP officer’s on-duty conduct
You may be concerned with the on-duty conduct of an RCMP officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the RCMP damaged your property.
You have at least four options, depending on the situation:
- filing a police complaint,
- suing the police,
- filing a human rights complaint, and
- pursuing criminal charges.
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 to pursue. In some cases, it might be appropriate to pursue two or more options.
Filing a police complaint
If you have concerns with an RCMP officer’s conduct, you can make a complaint. You can submit a complaint at an RCMP office or with an independent agency that reviews complaints made against RCMP officers.
Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.
We explain the steps in making a complaint shortly.
Suing the RCMP
If an RCMP officer injured you, damaged your property, or violated your rights, you may be able to sue the officer and the RCMP in civil court.
Suing the police might lead to a settlement or judgment involving the payment of money.
A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within two years of the incident. See our information on starting a lawsuit.
Filing a human rights complaint
If you believe you have been discriminated against by the RCMP, you can consider filing a human rights complaint.
A human rights complaint might lead to a settlement or judgment involving the payment of money.
A human rights complaint against the RCMP is filed with the Canadian Human Rights Commission. The complaint must normally be filed within 12 months of the incident.
Pursuing criminal charges
If you believe an RCMP officer committed a crime, you can pursue having criminal charges brought against the officer.
If charges are laid, the officer would face criminal proceedings.
The process starts with you raising your concerns with the RCMP. They may investigate. Their investigation could result in a report to Crown counsel (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.
If the RCMP doesn’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a justice of the peace to ask that the officer be charged. For more on this process, see our information on charging someone with a criminal offence.
If a police incident results in death or serious harm
If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. The Police Act requires the Independent Investigation Office to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for the RCMP or a municipal police force.
If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, see the office’s website.
The steps in filing a police complaint
Who can make a complaint
Anyone with some connection to the on-duty conduct of an RCMP officer can make a complaint against the officer. A connection means the officer’s on-duty conduct affected you directly or someone you’re acting for. Or you were present when the conduct occurred, or you suffered some harm or loss from it.
Step 1. Make a complaint
You make a complaint to the Civilian Review and Complaints Commission for the RCMP, or at an RCMP office.
The Commission is an independent agency that ensures that public complaints made about the conduct of RCMP members are examined fairly and impartially. The Commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP’s handling of their complaints. The Commission is not part of the RCMP. The Commission has interpretation services for various languages.
You can make a complaint to the Commission:
- Using the online complaint form on the Commission website.
- By phone by calling the Commission toll-free at 1-800-665-6878.
- By fax or mail, using the fillable complaint form on the Commission website.
Make your complaint as soon as possible after an incident, while memories are fresh and evidence is still available. The deadline to complain is one year from the date of an incident. The Commission can extend the deadline if it decides there’s a good reason.
Step 2. The complaint is investigated
The Commission usually sends the complaint to the RCMP to investigate. (Sometimes the Commission will investigate a complaint itself.)
The RCMP investigates your complaint and then reports to you in writing. If you are satisfied with the report, that’s the end of the complaint.
Step 3. Request a review
If you are not satisfied with the RCMP report on your complaint, you can ask the Commission to review your complaint. You can request a review online or by phone, fax or mail. The Commission website explains the process.
You have 60 days from when you receive the RCMP report to request a review. The Commission can extend that time if it decides there is a good reason.
The Commission will get the necessary information from the RCMP and review the RCMP report. During its review, the Commission can:
- review the complaint without investigating further
- ask the RCMP to investigate further
- do its own investigation
- hold a public hearing
If the Commission is satisfied with the RCMP report, it will send you a final report with its reasons. It also sends its report to the RCMP Commissioner, the federal Minister responsible for the RCMP, and the officer you complained about. That’s the end of the process.
Step 4. The Commission issues a report
If the Commission is not satisfied with the RCMP report, it sends an interim report to the RCMP Commissioner and the federal Minister responsible for the RCMP. The RCMP Commissioner will reply to it, explaining what the RCMP will do, if anything. The Commission then sends a final report to you, the RCMP Commissioner, the Minister, and the RCMP officer.
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