Complaints Concerning Police Conduct (5:V): Difference between revisions
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Revision as of 23:56, 14 August 2024
, 14 August→2. The Complaint Process
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=== 2. The Complaint Process === | === 2. The Complaint Process === | ||
==== Step 1: Making a Complaint ==== | ==== a) Step 1: Making a Complaint ==== | ||
Individuals can make complaints orally or in writing to the relevant RCMP detachment, or to the Commission. The complaint will be acknowledged in writing. A member of the detachment will contact the complainant, and may attempt an informal resolution of the complaint. The most effective method is generally to send a written complaint to the Commission’s regional office. | Individuals can make complaints orally or in writing to the relevant RCMP detachment, or to the Commission. The complaint will be acknowledged in writing. A member of the detachment will contact the complainant, and may attempt an informal resolution of the complaint. The most effective method is generally to send a written complaint to the Commission’s regional office. | ||
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Generally, a complaint must be made within one year after the day on which the conduct is alleged to have occurred (''RCMPA'', s 45.53(5)). However, the Commission may extend the time limit for making a complaint if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest (s 45.53(6)). | Generally, a complaint must be made within one year after the day on which the conduct is alleged to have occurred (''RCMPA'', s 45.53(5)). However, the Commission may extend the time limit for making a complaint if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest (s 45.53(6)). | ||
==== Step 2: Informal Resolution ==== | ==== b) Step 2: Informal Resolution ==== | ||
If no attempt is made to resolve the complaint informally, or if the attempt is unsuccessful, a formal investigation of the complaint will be carried out. The complainant must be informed in writing of the results of the investigation. | If no attempt is made to resolve the complaint informally, or if the attempt is unsuccessful, a formal investigation of the complaint will be carried out. The complainant must be informed in writing of the results of the investigation. | ||
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Under section 45.53 of the ''RCMPA'', the Commission may refuse to deal with the complaint for certain reasons. If they refuse, the complainant may appeal this decision to the Commission for Public Complaints. | Under section 45.53 of the ''RCMPA'', the Commission may refuse to deal with the complaint for certain reasons. If they refuse, the complainant may appeal this decision to the Commission for Public Complaints. | ||
==== Step 3: Formal Resolution ==== | ==== c) Step 3: Formal Resolution ==== | ||
A complainant who is not satisfied with the results of the investigation may request that the Commission review the handling of the complaint within 60 days of receiving notice of the decision or report (''RCMPA'', s 45.7(1)). As a result of this review, the Commission may refuse to conduct a further investigation, or may conduct a public inquiry into the complaint. There is no further appeal from the Commission’s decision. | A complainant who is not satisfied with the results of the investigation may request that the Commission review the handling of the complaint within 60 days of receiving notice of the decision or report (''RCMPA'', s 45.7(1)). As a result of this review, the Commission may refuse to conduct a further investigation, or may conduct a public inquiry into the complaint. There is no further appeal from the Commission’s decision. | ||
