Complaints Concerning Police Conduct (5:V): Difference between revisions
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:'''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 municipality relating the time, location, and nature of the alleged misconduct. This letter must be sent within 60 days of the cause of action (For the VPD: ''Vancouver Charter'', SBC 1953, c 55, section 294. For all other municipal police forces: ''Local Government Act'', RSBC 2015, section 736(1)). 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 municipality relating the time, location, and nature of the alleged misconduct. This letter must be sent within 60 days of the cause of action (For the VPD: ''Vancouver Charter'', SBC 1953, c 55, section 294. For all other municipal police forces: ''Local Government Act'', RSBC 2015, section 736(1)). 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 of this chapter'''. | For a more detailed discussion on launching civil claims against the police, see '''Section V.D.2 of this chapter'''. | ||
:'''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. |