5,109
edits
Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
From Clicklaw Wikibooks
Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 02:01, 7 August 2020
, 02:01, 7 August 2020→2. The Complaint Process
| Line 29: | Line 29: | ||
A member of a municipal police department engages in misconduct when they commit an offence under any provincial or federal act that would render them unfit to perform their duties or that would discredit the reputation of the municipal police department. For an exhaustive definition of misconduct, see section 77 of the ''Police Act'', which governs policing standards for every police officer in BC regardless of department. | A member of a municipal police department engages in misconduct when they commit an offence under any provincial or federal act that would render them unfit to perform their duties or that would discredit the reputation of the municipal police department. For an exhaustive definition of misconduct, see section 77 of the ''Police Act'', which governs policing standards for every police officer in BC regardless of department. | ||
Additionally, each municipal police department will have | Additionally, each municipal police department will have its 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. | ||
| Line 45: | Line 45: | ||
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. | 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 | 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 them, 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. | ||
| Line 53: | Line 53: | ||
A complaint may be resolved informally at any time before or during an investigation if the matter is suitable and the complainant and the police officer agree in writing to the resolution. Informal resolution or mediation is a voluntary, confidential process that provides a non-confrontational opportunity for both parties to talk to each other and hear how their actions affected the other. If a complainant does not want to meet the police officer face to face, a neutral third party or professional mediator can facilitate and help the parties reach an agreement. Within '''10 business days''' after agreeing to the proposed informal resolution, either party may revoke the agreement by notifying the relevant discipline authority or the Commissioner in writing. | A complaint may be resolved informally at any time before or during an investigation if the matter is suitable and the complainant and the police officer agree in writing to the resolution. Informal resolution or mediation is a voluntary, confidential process that provides a non-confrontational opportunity for both parties to talk to each other and hear how their actions affected the other. If a complainant does not want to meet the police officer face to face, a neutral third party or professional mediator can facilitate and help the parties reach an agreement. Within '''10 business days''' after agreeing to the proposed informal resolution, either party may revoke the agreement by notifying the relevant discipline authority or the Commissioner in writing. | ||
If a complainant strongly objects to | If a complainant strongly objects to their complaint being informally resolved and would prefer it be investigated immediately, they 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. 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. | 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. | ||
| Line 67: | Line 67: | ||
===== (1) Pre-Hearing Conference ===== | ===== (1) Pre-Hearing Conference ===== | ||
If the discipline authority decides that the allegation of misconduct is substantiated and merits disciplinary or corrective measures, the discipline authority may conduct a confidential prehearing conference with the police officer, if doing so is not contrary to the public interest. At the hearing, the officer has an opportunity to admit the misconduct and accept disciplinary or corrective measures. If the officer and the discipline authority at the prehearing conference agree on disciplinary measures, and the Commissioner gives | If the discipline authority decides that the allegation of misconduct is substantiated and merits disciplinary or corrective measures, the discipline authority may conduct a confidential prehearing conference with the police officer, if doing so is not contrary to the public interest. At the hearing, the officer has an opportunity to admit the misconduct and accept disciplinary or corrective measures. If the officer and the discipline authority at the prehearing conference agree on disciplinary measures, and the Commissioner gives their approval, the matter is considered resolved. This resolution is final and cannot be reviewed by a court on any ground. | ||
===== (2) Disciplinary Proceeding ===== | ===== (2) Disciplinary Proceeding ===== | ||
| Line 83: | Line 83: | ||
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. | 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 | For further information, please see http://www.opcc.bc.ca. | ||
==== 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 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. | 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 ''[https://www.canlii.org/en/bc/bcca/doc/2013/2013bcca92/2013bcca92.html?autocompleteStr=Florkow%20v%20British%20Columbia%20(Police%20Complaint%20Commissioner)%2C%202013%20BCCA%2092&autocompletePos=1 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 ===== | ||
| Line 104: | Line 104: | ||
{{ResourcesLSLAP_addressphone | {{ResourcesLSLAP_addressphone | ||
| address = | | address = 306 - 268 Keefer Street, 2nd Floor <br /> Vancouver, BC V6Z 1B3 | ||
| phone = (604) 687-2919 <br /> Fax: (604) 687-3045 | | phone = (604) 687-2919 <br /> Fax: (604) 687-3045 | ||
}} | }} | ||
