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I Was Harassed or Assaulted by the Police: Difference between revisions

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I Was Harassed or Assaulted by the Police (view source)

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==How to start a lawsuit==
==How to start a lawsuit==


If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money.  
If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit.


===Choosing whether or not to sue===
===Choosing whether or not to sue===
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However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses.   
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the best option for achieving compensation for those losses.   


You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy.
You should be aware that information about lawsuits is publicly available. Some people choose to protect their privacy by not starting a lawsuit. Lawsuits against the police sometimes attract the attention of media.  
 
===Choosing the correct court===
Should you file your lawsuit in Provincial (Small Claims) Court or Supreme Court? There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court:
 
====Small Claims Court====
* simple procedures meant to be accessible to the public,
* no lawyers required,
* less time to mediation and trial,
* judgments for damages limited to a maximum of $25,000, and
* no awards for legal costs (this could be an incentive or a disincentive).
 
====Supreme Court====
* no limit on the possible award for damages, 
* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive), 
* many procedural steps, a lawyer is not necessary but is desirable, and 
* timely and costly.  


Whatever court you choose, be aware the police will be represented by lawyers.  
Whatever court you choose, be aware the police will be represented by lawyers.  


===How to commence your lawsuit===
===How to commence your lawsuit===
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place.  
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money.  


The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General).” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim.  
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]].


The appropriate defendant to name in cases involving municipal police officers is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the City of Vancouver as a defendant. It is not proper to name the Vancouver Police Department; it is not a legal entity capable of being sued.
===Naming and serving the defendant===
====RCMP====


You should not name individual officers as defendants except in the most egregious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the outset of the case.
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend a claim involving the RCMP. Court documents should be delivered by Registered Mail to:


===What happens next?===
:Her Majesty the Queen in Right of the Province of BC
There are many procedural steps that must be followed in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant.
:Minister of Public Safety and Solicitor General
:PO Box 9010 Stn Prov Govt
:Victoria, BC V8W 9E2


Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:
====Municipal police forces====
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued.


<blockquote>
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: 
Her Majesty the Queen in Right of the Province of BC
Attorney General and Minister of Justice
PO BOX 9044 Stn Prov Govt
Victoria BC V8W 9E2
</blockquote>


In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address:
:City of Vancouver
:453 West 12th Ave.  
:Vancouver, B.C. V5Y 1V4
:Attention: City Clerk


<blockquote>
You should not name individual officers as defendants except in the most serious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the beginning of the case to preserve your right to examine those officers prior to trial.   
City of Vancouver
453 West 12th Ave.
Vancouver, B.C.  V5Y 1V4
Attention:  City Clerk
</blockquote>


For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served.
===What happens next?===
There are more procedural steps that must be followed in a lawsuit. See the section called [[I Need to Take Someone to Court]].


==How to file a human rights complaint==  
==How to file a human rights complaint==  
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