I Was Harassed or Assaulted by the Police: Difference between revisions
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I Was Harassed or Assaulted by the Police (view source)
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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. | 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. | ||
= | =What is improper police behaviour?= | ||
Examples of improper police behaviour include: | Examples of improper police behaviour include: | ||
*using excessive force in the course of an arrest or investigation, | *using excessive force in the course of an arrest or investigation, | ||
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*driving recklessly or dangerously. | *driving recklessly or dangerously. | ||
= | =What are my options?= | ||
You have at least three options. You could choose one or more of these: | You have at least three options. You could choose one or more of these: | ||
*a police complaint, | *a police complaint, | ||
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: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. | :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. | ||
= | =When do I have to act?= | ||
This depends on which option(s) you choose to pursue. For example: | This depends on which option(s) you choose to pursue. For example: | ||
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: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]. | :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]. | ||
= | =How should I prove my case?= | ||
==Write down what happened== | ==Write down what happened== | ||
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: | 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: | ||
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==Go to the hospital or your doctor== | ==Go to the hospital or your doctor== | ||
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 | 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. | ||
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. | |||
Medical evidence is essential to prove your injuries following a police incident, if applicable. | |||
=How to file a police complaint= | =How to file a police complaint= | ||
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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. | 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. | ||
=How to start a lawsuit= | |||
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. | If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. | ||
==Choosing whether or not to sue== | |||
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. | 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. | ||
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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. | 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. | ||
==How to commence your lawsuit== | |||
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. | 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. | ||
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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]]. | 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]]. | ||
==Naming and serving the defendant== | |||
===RCMP=== | |||
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: | 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: | ||
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:Victoria, BC V8W 9E2 | :Victoria, BC V8W 9E2 | ||
===Municipal police forces=== | |||
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. | 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. | ||
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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. | 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. | ||
==What happens next?== | |||
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]]. | 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]]. | ||
=How to file a human rights complaint= | |||
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. | If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint. | ||
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For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. | For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. | ||
=Where to get additional help= | |||
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are: | ||
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*[http://www.bchrc.net/ BC Human Rights Clinic] | *[http://www.bchrc.net/ BC Human Rights Clinic] | ||
*[[Access Pro Bono]] | *[[Access Pro Bono]] | ||
*[[Lawyer Referral Service]] | *[[Lawyer Referral Service]] | ||
*[[Private Bar Lawyers|Private bar lawyers]] | *[[Private Bar Lawyers|Private bar lawyers]] | ||
