Difference between revisions of "Complaints Against the Municipal Police"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Yulina Wang|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}}
If you are concerned about a '''municipal police officer’s conduct''', you have options, from filing a complaint to suing. Learn how the options differ, and the steps in filing a complaint.


{{Dial-A-Law TOC|expanded = criminal}}
==Understand your legal options==
This script explains how to make a complaint against the following 11 municipal police forces and 3 police agencies:


#Vancouver
===Some communities in BC are policed by a local police force===
#New Westminster
Eleven municipalities in BC are policed by their own police force. Most are in the Lower Mainland (Vancouver, New Westminster, Delta, Port Moody, West Vancouver, and Abbotsford), and Greater Victoria (Victoria, Saanich, Central Saanich, and Oak Bay). Nelson also has their own police force.
#West Vancouver
#Delta
#Port Moody
#Abbotsford
#Victoria (also serves Esquimalt)
#Oak Bay
#Saanich
#Central Saanich
#Nelson
#Organized Crime Agency of BC
#Stl’atl’imx Tribal Police
#SCBCTAPS (Skytrain Police)


The RCMP supplies police services to the rest of BC. The complaint process against municipal police forces and RCMP are significantly different. So if your complaint is against the RCMP, check script [[Complaints Against the RCMP (Script 220)|220]], titled “Complaints Against the RCMP”.
This information deals with concerns relating to a member of a municipal police force.


The British Columbia ''Police Act'' (the "Act", available at [http://www.bclaws.ca www.bclaws.ca]) sets out how to make a complaint against a municipal police force. If you have a complaint against the police, you have the right to give your side of the story and have it dealt with, as explained below.
Other communities in BC are policed by the Royal Canadian Mounted Police. If you have a complaint about the RCMP, see our information on [[Complaints Against the RCMP (No. 220)|complaints against the RCMP (no. 220)]].


==How to make a complaint against municipal police – the first step==
===If you are concerned with a police officer’s conduct===
If you have a complaint against the police, you have to fill out a complaint form. The form is available on the website ([http://www.opcc.bc.ca www.opcc.bc.ca]) of the Office of the Police Complaint Commissioner (the "Office"). You can also get the form from any of the police departments listed above. Or you can call the Office (located at 947 Fort Street, Victoria) at 250.356.7458 or toll free at 1.877.999.8707.
You may be concerned with the conduct of a police officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the police damaged your property.  


You have one year after the incident to make the complaint with the Office. You can hire a lawyer to represent you, but you don’t have to. Your complaint could be about any of several things, for example, a police officer using abusive language or excessive force, failing to perform duties, or something else. There are three types of complaints, as this script will explain.
You have at least four options, depending on the situation:
# filing a police complaint,
# suing the police,  
# filing a human rights complaint, and
# pursuing criminal charges.


==After you file a complaint – is it admissible?==
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option to pursue. In some cases, it might be appropriate to pursue two or more options.
The Office will review the complaint and decide if it is admissible under Division 3 of the Act. To be admissible, a complaint must describe conduct that, if proven, would be misconduct as the Act defines it. It must also involve an incident that occurred in the last 12 months and it must not be frivolous or vexatious.


If the Office finds that the complaint is not admissible, it will close the file and explain why to you. That decision is final – you cannot appeal it.
===Filing a police complaint===
If you have concerns with a police officer’s conduct, you can '''make a complaint'''. You can file a complaint with an independent agency that reviews complaints made against local police forces in BC.


If a complaint is not admissible – but it concerns a police department’s services or policies – the police department’s board must deal with it, under Division 5 of the Act.
Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.  


==If the complaint is admissible==
We explain the steps in making a complaint shortly.
The Office will give the complaint to the police department involved for investigation. Then, one of three things will happen: informal settlement, professional mediation, or investigation by a professional standards officer.


===1. Informal settlement===
===Suing the police===
In some cases, the police will try to settle a complaint informally. Sometimes, a meeting or phone call can clear up a misunderstanding and lead to a settlement.
If a police officer injured you, damaged your property, or violated your rights, you may be able to '''sue''' the officer and the police force in civil court.  


===2. Professional mediation===
Suing the police might lead to a settlement or judgment involving the payment of money.
In some cases, a professional mediator may meet with you and the police officer to solve the complaint.


===3. Investigation by professional standards officer===
A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within '''two years''' of the incident. See our information on [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]].
If neither informal settlement nor mediation work, the police department complained about, or another police department, will investigate the complaint. They must finish investigating within 6 months, but the Police Complaint Commissioner can extend that time. An analyst from the Office monitors the investigation.


==Complaint reviewed by Police Complaint Commissioner==
===Filing a human rights complaint===  
If you’re not satisfied with the police investigation, you can ask the BC Police Complaint Commissioner to do one of the following things:
If you believe you have been discriminated against by a police officer, you can consider '''filing a human rights complaint'''.  
*Appoint a retired judge to review the decision if the complaint was not substantiated.
*Arrange for a review on the record following a discipline proceeding.
*Arrange for a public hearing before a retired judge, called an adjudicator.


The Commissioner is an Officer of the BC Legislature, independent of government and the police. The Commissioner must consider the following things when deciding what to do about your request:
A human rights complaint might lead to a settlement or judgment involving the payment of money.


#How serious is the complaint?
A human rights complaint against a member of a municipal police force is filed with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. The complaint must normally be filed within '''12 months''' of the incident.
#How serious is the harm suffered?
#Is a public hearing needed to discover the truth?
#Did the police make a mistake when they investigated the complaint?
#Is a public hearing, or a review on the record, needed to restore or preserve public confidence in the complaint process and in the police?


The Commissioner will approve or deny your request. The Commissioner may also ask the Solicitor General to order a broader public inquiry under the ''Inquiry Act''.
===Pursuing criminal charges===
If you believe a police officer committed a crime, you can pursue having '''criminal charges''' brought against the officer.  


==Three types of complaints==
If charges are laid, the officer would face criminal proceedings.
A complaint can be against a municipal constable, a Chief Constable or Deputy Chief Constable, or a municipal police department. There are 3 types of complaints:


*'''Public trust complaints against a constable''', chief constable or deputy chief constable
The process starts with you raising your concerns with the police force involved. They will investigate. Their investigation could result in a '''report to Crown counsel''' (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.
*'''Internal discipline complaints against a constable''', chief constable or deputy chief constable
*'''Service or policy complaints''' against a police department


A “discipline authority” deals with all complaints. The Chief Constable is the discipline authority for complaints against a municipal constable. The Chair of the Police Board is the discipline authority for complaints against a Deputy Chief Constable or Chief Constable. The Police Board is responsible for complaints against a police department.
If the police don’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a '''justice of the peace''' to ask that the officer be charged. For more on this process, see our information on [[Charging Someone with a Criminal Offence (No. 215)|charging someone with a criminal offence (no. 215)]].


==Public trust complaints (Division 3 of the Act)==
===If a police incident results in death or serious harm===
This type of complaint involves an officer’s conduct when dealing with a member of the public. The ''Code of Professional Conduct Regulation'' says that police officers must deliver fair, impartial, and effective services to their community and are accountable to the public. The Act lists the following types of misconduct:
If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec38.02_smooth Police Act]'' requires the '''Independent Investigation Office''' to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for a municipal police force or the RCMP.
*discreditable conduct
*discourtesy
*neglect of duty
*deceit
*improper disclosure of information
*corrupt practice
*abuse of authority
*improper use or care of firearms
*damage to police property
*damage to property of others
*misuse of intoxicants
*conduct constituting an offence
*accessory to misconduct
*improper off-duty conduct


==Internal discipline complaints (Division 6 of the Act)==
If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, see the office’s website at [http://iiobc.ca/ iiobc.ca].
This type of complaint involves conduct problems between an officer and their department that don’t affect the public. It is made by a superior or fellow officer – not a member of the public. Labour law principles apply to investigations of these complaints.


==Service or policy complaints (Division 5 of the Act)==
==The steps in filing a police complaint==
This type of complaint against a municipal police department claims that the operation of the department is inadequate in terms of:
*policies
*procedures
*standing orders
*supervision and management controls
*training programs and resources
*staffing
*resource allocation
*procedures or resources that permit the department to respond to requests for assistance
*any other internal operational or procedural matter


==Two other possibilities==
===Step 1. Make a complaint===
If you have a complaint against a member of a municipal police force, you file it with BC’s Office of the '''Police Complaint Commissioner'''. The Commissioner is independent of government and the police. This office also accepts complaints relating to the transit police and the Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies.


===Suing the police===
You can make a complaint:
If a police officer injured you, caused you property damage, or violated your rights, you may be able to sue the officer or the officer’s employer (or both) in civil court. You should get legal advice promptly in this case – there will probably be a time limit for suing.
* By filling out a complaint form on the Commissioner’s website at [https://opcc.bc.ca/make-a-complaint/ opcc.bc.ca].
* By calling the Commissioner’s office toll-free at 1-877-999-8707.
* By fax or mail, using the [https://opcc.bc.ca/wp-content/uploads/2018/04/Writable-registered-complaint-form-letter-3.pdf PDF complaint form] on the Commissioner’s website.
 
You can also get the complaint form from any of the municipal police forces in BC.
 
You have '''one year''' after the incident to file a complaint. You can hire a lawyer to represent you, but you don’t have to.  


===Criminal charges===
===Step 2. Take part in complaint resolution===
If you say that a police officer committed a crime or broke a law, the local police force will investigate. The result of the investigation may go to the Regional Crown Counsel – the senior prosecutor for the area – to decide whether to charge the officer with a crime. If the police don’t send a report to the prosecutor, or that person decides not to charge the officer, you can still go to a Justice of the Peace and ask that the officer be charged. For more information, check script [[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging Someone with a Criminal Offense”.
The Office of the Police Complaint Commissioner reviews the complaint. They first decide if it is '''admissible'''. The complaint must describe conduct that is defined as misconduct under the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec77_smooth Police Act]'' and occurred in the last 12 months.


==Independent Investigation Office==
If the Commissioner finds the complaint is not admissible, it will close the file and tell you why. That decision is final — you cannot appeal it.
In 2011, BC set up the Independent Investigation Office to investigate on- and off-duty police related incidents of death and serious harm. The ''Police Act'' requires police to notify the Office of such incidents. The Office investigates incidents involving both municipal police and the RCMP. This is a separate process from making a complaint against the police. More details are available at on the Ministry of Justice website at [http://www.gov.bc.ca/justice www.gov.bc.ca/justice]. Click on “Policing in BC” and then on “Independent Investigation Office”.  


====If the complaint is admissible====
The Commissioner’s office then decides how to handle the complaint. The options include:
* '''Informal resolution''': For less serious complaints, a '''facilitator''' can help resolve the conflict. This process is available only if both you and the police officer agree to it. 
* '''Mediation''': In some cases, a trained '''mediator''' can meet with you and the police officer to help settle the complaint.


[updated January 2015]
For more serious complaints, the Commissioner’s office oversees a '''formal investigation''' by the police department involved (or another police department). If the investigation results in a finding of misconduct, they may recommend disciplinary measures.


===Step 3. Request a review===
If you’re not satisfied with the result of the complaint resolution process or investigation, you can ask the Police Complaint Commissioner to do a '''further review'''. The Commissioner can appoint a retired judge to review the matter or arrange for a public hearing before a retired judge.


----
In deciding on their approach to the review, the Commissioner considers the seriousness of the complaint, the harm suffered, and whether a public hearing is in the public interest.
----


If a review or public hearing is conducted, the retired judge will deliver a '''decision''' on whether there was misconduct, and if so, the disciplinary measures imposed.


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Revision as of 18:23, 1 April 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Yulina Wang in August 2017.

If you are concerned about a municipal police officer’s conduct, you have options, from filing a complaint to suing. Learn how the options differ, and the steps in filing a complaint.

Understand your legal options

Some communities in BC are policed by a local police force

Eleven municipalities in BC are policed by their own police force. Most are in the Lower Mainland (Vancouver, New Westminster, Delta, Port Moody, West Vancouver, and Abbotsford), and Greater Victoria (Victoria, Saanich, Central Saanich, and Oak Bay). Nelson also has their own police force.

This information deals with concerns relating to a member of a municipal police force.

Other communities in BC are policed by the Royal Canadian Mounted Police. If you have a complaint about the RCMP, see our information on complaints against the RCMP (no. 220).

If you are concerned with a police officer’s conduct

You may be concerned with the conduct of a police officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the police damaged your property.

You have at least four options, depending on the situation:

  1. filing a police complaint,
  2. suing the police,
  3. filing a human rights complaint, and
  4. pursuing criminal charges.

Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option to pursue. In some cases, it might be appropriate to pursue two or more options.

Filing a police complaint

If you have concerns with a police officer’s conduct, you can make a complaint. You can file a complaint with an independent agency that reviews complaints made against local police forces in BC.

Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.

We explain the steps in making a complaint shortly.

Suing the police

If a police officer injured you, damaged your property, or violated your rights, you may be able to sue the officer and the police force in civil court.

Suing the police might lead to a settlement or judgment involving the payment of money.

A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within two years of the incident. See our information on starting a lawsuit (no. 165).

Filing a human rights complaint

If you believe you have been discriminated against by a police officer, you can consider filing a human rights complaint.

A human rights complaint might lead to a settlement or judgment involving the payment of money.

A human rights complaint against a member of a municipal police force is filed with the BC Human Rights Tribunal. The complaint must normally be filed within 12 months of the incident.

Pursuing criminal charges

If you believe a police officer committed a crime, you can pursue having criminal charges brought against the officer.

If charges are laid, the officer would face criminal proceedings.

The process starts with you raising your concerns with the police force involved. They will investigate. Their investigation could result in a report to Crown counsel (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.

If the police don’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a justice of the peace to ask that the officer be charged. For more on this process, see our information on charging someone with a criminal offence (no. 215).

If a police incident results in death or serious harm

If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. The Police Act requires the Independent Investigation Office to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for a municipal police force or the RCMP.

If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, see the office’s website at iiobc.ca.

The steps in filing a police complaint

Step 1. Make a complaint

If you have a complaint against a member of a municipal police force, you file it with BC’s Office of the Police Complaint Commissioner. The Commissioner is independent of government and the police. This office also accepts complaints relating to the transit police and the Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies.

You can make a complaint:

  • By filling out a complaint form on the Commissioner’s website at opcc.bc.ca.
  • By calling the Commissioner’s office toll-free at 1-877-999-8707.
  • By fax or mail, using the PDF complaint form on the Commissioner’s website.

You can also get the complaint form from any of the municipal police forces in BC.

You have one year after the incident to file a complaint. You can hire a lawyer to represent you, but you don’t have to.

Step 2. Take part in complaint resolution

The Office of the Police Complaint Commissioner reviews the complaint. They first decide if it is admissible. The complaint must describe conduct that is defined as misconduct under the Police Act and occurred in the last 12 months.

If the Commissioner finds the complaint is not admissible, it will close the file and tell you why. That decision is final — you cannot appeal it.

If the complaint is admissible

The Commissioner’s office then decides how to handle the complaint. The options include:

  • Informal resolution: For less serious complaints, a facilitator can help resolve the conflict. This process is available only if both you and the police officer agree to it.
  • Mediation: In some cases, a trained mediator can meet with you and the police officer to help settle the complaint.

For more serious complaints, the Commissioner’s office oversees a formal investigation by the police department involved (or another police department). If the investigation results in a finding of misconduct, they may recommend disciplinary measures.

Step 3. Request a review

If you’re not satisfied with the result of the complaint resolution process or investigation, you can ask the Police Complaint Commissioner to do a further review. The Commissioner can appoint a retired judge to review the matter or arrange for a public hearing before a retired judge.

In deciding on their approach to the review, the Commissioner considers the seriousness of the complaint, the harm suffered, and whether a public hearing is in the public interest.

If a review or public hearing is conducted, the retired judge will deliver a decision on whether there was misconduct, and if so, the disciplinary measures imposed.

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