I Was Harassed or Assaulted by the Police

You have two options in dealing with complaints about the police:

• use the police complaint process, or
• take direct legal action by suing the police in Small Claims Court (or Supreme Court).

It is important to get legal advice about both these options, particularly suing. This section will focus on how the police complaint process works.

There are notice and limitation periods as short as two months for taking legal action against a municipal police officer - it is very important that these time limits are followed.

BC has two separate agencies that accept complaints about the police.

Most of rural BC, and some municipalities, are policed by the RCMP. For complaints about the RCMP, use the Commission for Public Complaints Against the RCMP.

Many municipalities in BC are policed by their own police force - the Vancouver Police Department is an example of a municipal force. The Office of the Police Complaints Commissioner (BC) accepts complaints relating to municipal police forces. That office 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.

If you know which force the officer worked for (a municipal force or the RCMP), it's better to direct your complaint to the right agency. But if you don't know, don't worry. Both agencies will accept, and forward, complaints to each other to make sure your complaint is investigated.

It's always best to make your complaint directly to one of the two agencies, rather than to a police officer or police department. Complaining to the agency guarantees that your complaint will follow the formal investigation process.

There is now an independent, civilian-led body that will conduct investigations into on- and off-duty police involved in incidents that result in death or serious harm. For more information see the website for the Independent Investigations Office of BC.

First steps

1. Make notes about what happened, where and when. Include the name or badge number or description of the officer(s) if you can.
2. Contact people who witnessed the incident. Ask them to write down what happened and give you a copy. They should include their name, address and phone number.
3. If you were injured, go see a doctor to record your injuries. Tell the doctor what happened. Take pictures of your injuries.
4. Complete and send in a complaint form to the Commission for Public Complaints against the RCMP or to the Office of the Police Complaints Commissioner (BC). You can obtain complaint forms from the website of either of these agencies; see the Resource List for contact and website information.

What happens next

Your complaint will be investigated by a police officer. In minor cases, the investigator will contact 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 will investigate the incident in depth. You will be provided with a report of what happened.

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 legal under Canadian law.

In the case of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a Request for Complaint Review to the Chair of the Commission for Public Complaints against the RCMP. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.

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 will review the investigation and may order further investigation.

Where to get help

See the Resource List for a list of helpful resources. Your best bets are:

• Commission for Public Complaints against the RCMP.
• Office of the Police Complaints Commissioner (BC).
• BC Civil Liberties Association, Community Legal Assistance Society.
• Access Pro Bono, Lawyer Referral Service, and Private Bar Lawyers.
• The Law Students' Legal Advice Program Manual chapter on "Public Complaints Procedures".
• Clicklaw for more resources listed under the common question "I was assaulted by police".

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."