Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
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==== Step 2: Admissibility ==== | ==== Step 2: Admissibility ==== | ||
Before investigating a complaint, the Commissioner must first determine whether it is admissible (''Police Act'' s 82). 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 (''Police Act'' ss 83(1) | Before investigating a complaint, the Commissioner must first determine whether it is admissible (''Police Act'' s 82). 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 (''Police Act'' ss 83(1) and (2)). 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 (''Police Act'' s 83(2)). The chief constable must notify the member or former member of the complaint that has been made against them (''Police Act'' s 83(3)), 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 (''Police Act'' s 83(2)). The chief constable must notify the member or former member of the complaint that has been made against them (''Police Act'' s 83(3)), 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 ==== | ||