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Difference between revisions of "Complaints against Security Guards (5:VI)"
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Complaints against Security Guards (5:VI) (view source)
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== A. Introduction == | == A. Introduction == | ||
Complaints against licensed security guards can be filed with the Registrar of Security Programs Division, Ministry of Justice. Complaints can relate to the licensing of a security business or security employee, about the conduct or behaviour of a security employee, or about the use of equipment. Filing a complaint is free. Complaining against an unlicensed guard should be done directly to the employer. Most security guards in BC are now required to be licensed under the ''Security Services Act'', SBC 2007, c 30. | Complaints against licensed security guards can be filed with the Registrar of Security Programs Division, Ministry of Justice. Complaints can relate to the licensing of a security business or security employee, about the conduct or behaviour of a security employee, or about the use of equipment. Filing a complaint is free. Complaining against an unlicensed guard should be done directly to the employer. Most security guards in BC are now required to be licensed under the ''Security Services Act'', SBC 2007, c 30 ''[SSA]''. | ||
== B. Filing the Complaint == | == B. Filing the Complaint == | ||
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| address = PO Box 9217 Stn Prov Govt <br /> Victoria, BC V8W 9J1 | | address = PO Box 9217 Stn Prov Govt <br /> Victoria, BC V8W 9J1 | ||
| phone = 1 (855) 587-0185 <br /> Fax: (250) 387-4454 | | phone = 1 (855) 587-0185 <br /> Fax: (250) 387-4454 | ||
| online = [ | | online = [https://www2.gov.bc.ca/gov/content/employment-business/business/security-services/security-industry-licensing Website] <br /> Email: securitylicensing@gov.bc.ca | ||
}} | }} | ||
Once a complaint has been filed, the Registrar will determine whether the matter is within its jurisdiction. If it is, then an investigator will be assigned. The complainant will be notified of the investigation by letter. Complaints can result in a warning notice, a violation ticket, or reconsideration of the officer’s licence status. | Once a complaint has been filed, the Registrar will determine whether the matter is within its jurisdiction. If it is, then an investigator will be assigned. The complainant will be notified of the investigation by letter. Complaints can result in a warning notice, a violation ticket, or reconsideration of the officer’s licence status. | ||
The Registrar may decide not to investigate a complaint if there has been more than one year of time between when the complaints knew about the facts and when the Registrar receives the complaint (SSA, s 34(2)(a)). Section 34(2) also enumerates other factors that may lead the Registrar to refuse to investigate a complaint. | |||
Like police, licensed and unlicensed security guards can be sued civilly. | Like police, licensed and unlicensed security guards can be sued civilly. | ||
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'''NOTE:''' In ''[https://www.canlii.org/en/bc/bcca/doc/2018/2018bcca132/2018bcca132.html?resultIndex=1 Vancouver Area Network of Drug Users v. British Columbia Human Rights Tribunal]'', 2018 BCCA 132, rev'g 2016 BCSC 534, the BC Court of Appeal restored the BC Human Rights Tribunal’s initial dismissal of VANDU’s claim, finding that the statistical correlation provided by VANDU was insufficient to establish a causal link between membership in a protected group under the BC Human Rights Code (namely Indigenous persons and persons with disabilities) and the adverse treatment by the Downtown Ambassadors against the homeless population. The Court of Appeal’s decision reversed the previous decision of the BC Supreme Court, which had quashed the Tribunal’s dismissal on the grounds that the Tribunal had used too high a standard in finding a human rights violation, and that the statistical information presented by VANDU was sufficient to show discrimination on the prohibited grounds of race and disability. | '''NOTE:''' In ''[https://www.canlii.org/en/bc/bcca/doc/2018/2018bcca132/2018bcca132.html?resultIndex=1 Vancouver Area Network of Drug Users v. British Columbia Human Rights Tribunal]'', 2018 BCCA 132, rev'g 2016 BCSC 534, the BC Court of Appeal restored the BC Human Rights Tribunal’s initial dismissal of VANDU’s claim, finding that the statistical correlation provided by VANDU was insufficient to establish a causal link between membership in a protected group under the BC Human Rights Code (namely Indigenous persons and persons with disabilities) and the adverse treatment by the Downtown Ambassadors against the homeless population. The Court of Appeal’s decision reversed the previous decision of the BC Supreme Court, which had quashed the Tribunal’s dismissal on the grounds that the Tribunal had used too high a standard in finding a human rights violation, and that the statistical information presented by VANDU was sufficient to show discrimination on the prohibited grounds of race and disability. | ||
BC’s Office of the Human Rights Commissioner published a report in May 2020 on adding social condition as an enumerated ground. Please see the report for further information: https://bchumanrights.ca/publications/social-condition/. | |||
'''NOTE:''' Individuals should be cautioned that this complaint process may not achieve satisfactory results. The Security Programs Division is limited in its ability to successfully review the conduct of security guards, both because of statutory limitations to its powers and budget constraints. | '''NOTE:''' Individuals should be cautioned that this complaint process may not achieve satisfactory results. The Security Programs Division is limited in its ability to successfully review the conduct of security guards, both because of statutory limitations to its powers and budget constraints. | ||
{{LSLAP Manual Navbox|type = chapters1-7}} | {{LSLAP Manual Navbox|type = chapters1-7}} | ||
