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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 22:48, 26 August 2019
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Filing a police complaint against a municipal police officer is different from filing a lawsuit against a municipal police officer. Generally speaking, complaints against a municipal police officer can only lead to the officer being disciplined, and do not compensate an individual for any loss they have suffered. Filing a lawsuit against the police in civil court can lead to compensation if a person’s rights were violated, but does not necessarily lead to the officer being disciplined. Parallel actions can be launched if an individual desires both compensation and disciplinary consequences for the officer involved in the incident. | Filing a police complaint against a municipal police officer is different from filing a lawsuit against a municipal police officer. Generally speaking, complaints against a municipal police officer can only lead to the officer being disciplined, and do not compensate an individual for any loss they have suffered. Filing a lawsuit against the police in civil court can lead to compensation if a person’s rights were violated, but does not necessarily lead to the officer being disciplined. Parallel actions can be launched if an individual desires both compensation and disciplinary consequences for the officer involved in the incident. | ||
The ''Police Act'' sets out a framework for dealing with public complaints about municipal police forces in BC. The Office of the Police Complaints Commissioner (OPCC) was created as a body independent from all municipal police forces and government ministries. Complaints continue to be investigated by police departments, but the Police Complaints Commissioner monitors how police departments investigate and conclude complaints throughout all the municipal police areas. The process is outlined below. For further information and a more detailed description of the complaint process, please refer to the OPCC website at www.opcc.bc.ca, or see Part 11 of the ''Police Act''. | The ''Police Act'' sets out a framework for dealing with public complaints about municipal police forces in BC. The Office of the Police Complaints Commissioner (OPCC) was created as a body independent from all municipal police forces and government ministries. Complaints continue to be investigated by police departments, but the Police Complaints Commissioner monitors how police departments investigate and conclude complaints throughout all the municipal police areas. The process is outlined below. For further information and a more detailed description of the complaint process, please refer to the OPCC website at www.opcc.bc.ca, or see Part 11 of the ''Police Act''. | ||
'''NOTE:''' Filing a police complaint, or waiting for the conclusion of criminal charges, does not extend the limitation period for filing a civil claim. If an individual wants to start a civil claim, it must be done within two years from when the harm was suffered or discovered. Before beginning a civil claim for police misconduct, the individual must write a letter to the City Clerk’s office relating the time, location, and nature of the alleged misconduct. This letter must be sent within 60 days of the cause of action (''Vancouver Charter'', SBC 1953, c 55, s 294). The letter provides the city with notice that a civil action will be filed, and allows a complainant to add the city as a party to the civil action at a later date. This letter does not start a complaint or a civil action in itself, but is a necessary first step that must be taken before launching a civil claim. If a letter has been sent to the City Clerk’s Office within 60 days, the limitation date for filing a civil complaint is 2 years after the cause of action. | '''NOTE:''' Filing a police complaint, or waiting for the conclusion of criminal charges, does not extend the limitation period for filing a civil claim. If an individual wants to start a civil claim, it must be done within '''two years''' from when the harm was suffered or discovered. Before beginning a civil claim for police misconduct, the individual must write a letter to the City Clerk’s office relating the time, location, and nature of the alleged misconduct. This letter must be sent within 60 days of the cause of action (''Vancouver Charter'', SBC 1953, c 55, s 294). The letter provides the city with notice that a civil action will be filed, and allows a complainant to add the city as a party to the civil action at a later date. This letter does not start a complaint or a civil action in itself, but is a necessary first step that must be taken before launching a civil claim. If a letter has been sent to the City Clerk’s Office within 60 days, the limitation date for filing a civil complaint is '''2 years''' after the cause of action. | ||
For a more detailed discussion on launching civil claims against the police see Section V.D.2. | For a more detailed discussion on launching civil claims against the police see '''Section V.D.2'''. | ||
'''NOTE:''' If an individual is seeking a copy of their police report, they should make this request before filing a complaint. Otherwise they must wait until after the matter has been investigated. | '''NOTE:''' If an individual is seeking a copy of their police report, they should make this request before filing a complaint. Otherwise they must wait until after the matter has been investigated. | ||
'''NOTE:''' Based on recommendations made in the February 2007 Report on the Review of the Police Complaint Process in BC by Josiah Wood, the ''Police Act'' was | '''NOTE:''' Based on recommendations made in the February 2007 Report on the Review of the Police Complaint Process in BC by Josiah Wood, the ''Police Act'' was amended and the new ''Police Act'' came into force on March 31, 2010. The OPCC website now provides an online complaint form to make the filing of complaints easier. | ||
=== 2. The Complaint Process === | === 2. The Complaint Process === | ||
