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Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 22:52, 26 August 2019
, 22:52, 26 August 2019→2. The Complaint Process
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Additionally, each municipal police department will have their own policies regarding appropriate conduct by their police officers. Some departments, such as the Vancouver Police Department (VPD) will have their policies available online. The VPD’s Regulations and Procedure Manual and other policies can be found online at the following link: http://vancouver.ca/police/about/major-policies-initiatives/index.html. | Additionally, each municipal police department will have their own policies regarding appropriate conduct by their police officers. Some departments, such as the Vancouver Police Department (VPD) will have their policies available online. The VPD’s Regulations and Procedure Manual and other policies can be found online at the following link: http://vancouver.ca/police/about/major-policies-initiatives/index.html. | ||
Individuals can make complaints about alleged misconduct by municipal police to the police complaint commissioner. Individuals do not need to have directly witnessed the misconduct; complaints can be brought on behalf of someone or even by third-party complainants. The complaint must generally be made within 12 months of the misconduct, but if good reasons exist, and it is not contrary to the public interest, the police complaint commissioner can extend that period. | Individuals can make complaints about alleged misconduct by municipal police to the police complaint commissioner. Individuals do not need to have directly witnessed the misconduct; complaints can be brought on behalf of someone or even by third-party complainants. The complaint must generally be made within '''12 months''' of the misconduct, but if good reasons exist, and it is not contrary to the public interest, the police complaint commissioner can extend that period. | ||
==== Step 1: Making a Complaint ==== | ==== Step 1: Making a Complaint ==== | ||
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There are two types of complaints: registered and non-registered. When someone submits a registered complaint, they will be kept informed about the investigation and its outcome, and they have a right to appeal the result. By contrast, someone submitting a non-registered complaint does not participate any further in the process and cannot appeal the outcome. | There are two types of complaints: registered and non-registered. When someone submits a registered complaint, they will be kept informed about the investigation and its outcome, and they have a right to appeal the result. By contrast, someone submitting a non-registered complaint does not participate any further in the process and cannot appeal the outcome. | ||
An individual can register a complaint by submitting it either directly to the OPCC or to an on-duty police member at the station who is assigned to receive Police Act complaints. A non-registered complaint can be submitted orally to any on-duty member in the station or on the road. | An individual can register a complaint by submitting it either directly to the OPCC or to an on-duty police member at the station who is assigned to receive ''Police Act'' complaints. A non-registered complaint can be submitted orally to any on-duty member in the station or on the road. | ||
Both types of complaints can be made through the online complaint form on the OPCC website. | Both types of complaints can be made through the online complaint form on the OPCC website. | ||
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==== Step 2: Admissibility ==== | ==== Step 2: Admissibility ==== | ||
Before investigating a complaint, the Commissioner must first determine whether it is admissible. A complaint is admissible if it is made within 12 months of the incident, is not frivolous or | Before investigating a complaint, the Commissioner must first determine whether it is admissible. A complaint is admissible if it is made '''within 12 months''' of the incident, is not frivolous or vexatious, and contains at least one allegation that, if proved, would constitute misconduct under section 77 of the ''Police Act''. Complainants will be contacted to tell them whether their complaint is admissible or not. The Commissioner’s determination of admissibility cannot be appealed. | ||
Once the Commissioner determines a complaint is admissible, they will send a notice of admissibility to the complainant and to the chief constable of the department involved. The chief constable must notify the member or former member of the complaint that has been made against him or her, appoint an investigator and, depending on the circumstances of the misconduct alleged, determine whether the matter is suitable for informal resolution. | Once the Commissioner determines a complaint is admissible, they will send a notice of admissibility to the complainant and to the chief constable of the department involved. The chief constable must notify the member or former member of the complaint that has been made against him or her, appoint an investigator and, depending on the circumstances of the misconduct alleged, determine whether the matter is suitable for informal resolution. | ||
'''NOTE:''' Complaints about a municipal police department’s policies or about the services it provides, rather than about a particular incident of misconduct, may still be admissible but should be submitted under a different process. Contact the OPCC office directly about these complaints. | '''NOTE:''' Complaints about a municipal police department’s policies or about the services it provides, rather than about a particular incident of misconduct, may still be admissible but should be submitted under a different process. Contact the OPCC office directly about these complaints. | ||
==== Step 3: Informal Resolution or Mediation ==== | ==== Step 3: Informal Resolution or Mediation ==== | ||
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If a complainant strongly objects to his or her complaint being informally resolved, and would prefer it be investigated immediately, he or she should let the OPCC know and provide reasons. Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a lack of time to participate in an informal process due to economic or other circumstances. Usually this objection is sufficient to move the complaint directly to the investigation step. | If a complainant strongly objects to his or her complaint being informally resolved, and would prefer it be investigated immediately, he or she should let the OPCC know and provide reasons. Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a lack of time to participate in an informal process due to economic or other circumstances. Usually this objection is sufficient to move the complaint directly to the investigation step. | ||
A complaint may also be resolved by mediation. | A complaint may also be resolved by mediation. If the Police Complaint Commissioner agrees, a professional mediator may be appointed to assist the complainant and the officer in resolving the complaint. The mediator is selected by the administrator of the BC Mediator’s Roster and is completely independent from any police department or the OPCC. | ||
==== Step 4: Investigation ==== | ==== Step 4: Investigation ==== | ||
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An investigation into a misconduct complaint is usually conducted by the originating department’s Professional Standards Section. The Commissioner may, if the circumstances require, order that an external police agency conduct the investigation. The OPCC will assign the file to an analyst, who will oversee the investigation conducted by the Professional Standards investigator and ensure that the investigation is thorough, impartial, and completed in a timely manner. All investigations must be completed within six months. During the investigation, the complainant and member will be periodically updated about the investigation’s progress. At the conclusion of the investigation, the investigator will submit a final investigation report to the discipline authority, who will then decide whether the allegations are substantiated and, if so, propose corrective or disciplinary measures. | An investigation into a misconduct complaint is usually conducted by the originating department’s Professional Standards Section. The Commissioner may, if the circumstances require, order that an external police agency conduct the investigation. The OPCC will assign the file to an analyst, who will oversee the investigation conducted by the Professional Standards investigator and ensure that the investigation is thorough, impartial, and completed in a timely manner. All investigations must be completed within six months. During the investigation, the complainant and member will be periodically updated about the investigation’s progress. At the conclusion of the investigation, the investigator will submit a final investigation report to the discipline authority, who will then decide whether the allegations are substantiated and, if so, propose corrective or disciplinary measures. | ||
What happens next in the process depends on whether the allegations are substantiated or not. | What happens next in the process depends on whether the allegations are substantiated or not. | ||
==== If the Complaint Is Substantiated ==== | ==== If the Complaint Is Substantiated ==== | ||
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===== (2) Disciplinary Proceeding ===== | ===== (2) Disciplinary Proceeding ===== | ||
If a prehearing conference is not held, or if it does not result in a resolution of each allegation of misconduct against the police officer, the discipline authority must convene a disciplinary proceeding to determine appropriate disciplinary or corrective measures | If a prehearing conference is not held, or if it does not result in a resolution of each allegation of misconduct against the police officer, the discipline authority must convene a disciplinary proceeding to determine appropriate disciplinary or corrective measures within 40 business days of receiving the final investigation report. However, the discipline authority must cancel this proceeding if the Commissioner arranges a public hearing about the impugned conduct. | ||
The complainant must receive at least 15 days’ notice of a disciplinary proceeding. The complainant may provide written or oral submissions in advance of the hearing but cannot actually attend the proceeding. | The complainant must receive at least 15 days’ notice of a disciplinary proceeding. The complainant may provide written or oral submissions in advance of the hearing but cannot actually attend the proceeding. | ||
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===== (1) Retired Judge ===== | ===== (1) Retired Judge ===== | ||
Previously, only a police commissioner would review the file. However, complainants can now request that the Commissioner appoint a retired judge to review | Previously, only a police commissioner would review the file. However, complainants can now request that the Commissioner appoint a retired judge to review the file and determine whether or not the decision was correct. The complainant must make the request in writing within '''10 business days''' of receiving the discipline authority's decision. It is rare to have a retired judge review the file in less serious cases due to limited resources. Note that there is a more realistic chance of success when the commission appoints a retired judge. | ||
For further information, please see: http://www.opcc.bc.ca. | For further information, please see: http://www.opcc.bc.ca. | ||
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==== Public Hearing ==== | ==== Public Hearing ==== | ||
The Office of the Police Complaint Commissioner (“OPCC”) can order public hearings into matters involving misconduct by municipal police officers in British Columbia. After the investigation into the complaint has concluded, the complainant or the police officer may request a public hearing within | The Office of the Police Complaint Commissioner (“OPCC”) can order public hearings into matters involving misconduct by municipal police officers in British Columbia. After the investigation into the complaint has concluded, the complainant or the police officer may request a public hearing within 20 business days of receiving notice of the decision, or the OPCC may initiate a public hearing itself if a public hearing is necessary in the public interest. In ''Florkow v British Columbia (Police Complaint Commissioner)'', 2013 BCCA 92, the BC Court of Appeal found that under the current Police Act the OPCC can only hold a public hearing after certain stages of the complaint process — after the discipline authority has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding. | ||
===== (1) Test for Ordering Public Hearing ===== | ===== (1) Test for Ordering Public Hearing ===== | ||
