Difference between revisions of "Complaints Against the RCMP"

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{{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 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.


This script explains how to make a complaint against the Royal Canadian Mounted Police (RCMP). The RCMP serves most BC municipalities, towns, districts, and outlying areas. But the following 11 cities have their own police force: Vancouver, Victoria (including Esquimalt), New Westminster, West Vancouver, Delta, Port Moody, Central Saanich, Abbotsford, Nelson, Oak Bay, and Saanich. If you have a complaint about the police in any of these places, or against the Organized Crime Agency of BC or the Stl’atl’imx Tribal Police, check script [[Complaints against municipal police (Script 221)|221]], called “Complaints against municipal police”.
==What you should know==


==Who can make a complaint?==
===The RCMP polices most communities in BC, but not all of them===
Anyone, including a non-citizen, concerned about the conduct of an RCMP member can make a complaint against that member. You do not have to be directly involved in an incident – you can make a complaint for someone else, or if you witness an incident.
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].


==How do you make a complaint against the RCMP?==
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]].
You make a complaint through the National Intake Office of the Commission for Public Complaints against the RCMP (the Commission), or at an RCMP office. The Commission is an independent federal agency that handles complaints about the conduct of RCMP members in performing their duties. The Commission is not part of the RCMP. It is neutral and does not take sides in a dispute. The Commission works in English and French. It also has interpretation services for other languages.


You can make a complaint by phone, in writing, or in person. The Commission phone number is 604.501.4080; its toll-free number is 1.800.665.6878. And its TTY toll-free number is 1.866.432.5837.The office is open Monday to Friday from 8:00 a.m. to 4:00 p.m. Pacific time. To complain in writing, you can use the form on the Commission website ([http://www.cpc-cpp.gc.ca www.cpc-cpp.gc.ca]) and email it to [mailto:complaints@cpc-cpp.gc.ca complaints@cpc-cpp.gc.ca]. Or you can fax it to 604.501.4095. You can also mail the completed form, or your own letter with details of your complaint, to the Commission, at PO Box 88689, Surrey BC, V3W 0X1. If you want to complain in person, phone the office first to make an appointment.
===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 should make your complaint as soon as possible after an incident, while memories are fresh and evidence is still available.
You have at least four options, depending on the situation:


Normally, the Commission sends a complaint to the RCMP for investigation. You can ask for early resolution of your complaint. In this case, a Commission analyst tries to help you and the RCMP agree on a solution. Even if you don’t ask, the RCMP may try to resolve the complaint informally (an “informal disposition”). Both you and the RCMP member have to agree to the solution for this to work. If the RCMP resolves your complaint informally, it makes a summary of the complaint and the solution, and then asks you to sign it.
# filing a police complaint,
# suing the police,
# filing a human rights complaint, and
# pursuing criminal charges.


If the RCMP formally investigates your complaint, it reports the results to you, the RCMP member, and the Commission.  
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.


==What if you are not satisfied with the RCMP report on your complaint?==
===Filing a police complaint===
You can ask the Commission for an independent civilian review of your complaint. The Commission will review the RCMP investigation report and may then investigate further, or ask the RCMP to do a further investigation of your complaint.


After the review, if the Commission is satisfied with how the RCMP handled your complaint, it sends you a report with its reasons. It also sends its report to the Minister of Public Safety Canada (the Minister) and the RCMP Commissioner.
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].


If the Commission is not satisfied with how the RCMP handled the complaint, it sends an interim report, with its concerns, to the RCMP Commissioner and the Minister. The RCMP Commissioner considers the interim report and informs the Commission Chair and the Minister of any action the RCMP will take in response to the Commission’s interim report. Alternatively, the Commissioner explains why the RCMP won’t take any further action. The Commission then prepares a final report, including the RCMP Commissioner’s response and the Commission’s final recommendations. This final report goes to you, the Minister, the RCMP Commissioner, and the RCMP member involved.
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.


==Public hearings==
We explain the steps in making a complaint shortly.
The Commission Chair can hold a public hearing at any time and issue a report based on the results. The report may recommend how to improve operations or correct deficiencies that led to a complaint. The report goes to the Minister and the RCMP Commissioner, as well as to you and any other people involved. The RCMP Commissioner has to respond to the report and then the Chair will issue a final report.


==Two other possibilities – besides filing a complaint with the Commission==
===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===
Suing the police might lead to a settlement or judgment involving the payment of money.
If an RCMP officer injured you, caused you property damage, or violated your rights, you may be able to sue the officer or the RCMP (or both) in civil court. Normally actions are commenced in the BC Supreme Court. You should get legal advice promptly in this case – there will probably be a time limit for suing.


===Criminal charges===
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]].
If you say that an RCMP officer committed a crime or broke a law, the RCMP will investigate. The result of the investigation may go to the Regional Crown Counsel – the senior prosecutor for the area – to decide whether to charge the officer with a crime. If the police don’t send a report to the prosecutor, or the prosecutor decides not to charge the officer, you can still go to a Justice of the Peace and ask that the officer be charged. For more information, check script [[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging Someone with a Criminal Offense”.  


===Filing a human rights complaint===
If you believe you have been discriminated against by the RCMP, you can consider '''filing a human rights complaint'''.


[updated October 2013]
A human rights complaint might lead to a settlement or judgment involving the payment of money.


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===
----
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, [[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 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, [http://iiobc.ca/ 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===
[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 fax or mail, [http://www.crcc-ccetp.gc.ca/pdf/complaintplainte-en.pdf 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'''. [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.
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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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:

  1. filing a police complaint,
  2. suing the police,
  3. filing a human rights complaint, and
  4. 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:

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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