Difference between revisions of "I Was Harassed or Assaulted by the Police"

From Clicklaw Wikibooks
Jump to navigation Jump to search
m (Minor additions.)
m (Clarity.)
Line 72: Line 72:
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened.  
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened.  


In no case will you be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.
You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.


Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.


In involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.
In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.


In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.
In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.


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

Revision as of 16:59, 5 July 2016

What is improper police behaviour?[edit]

Examples of improper police behaviour include:

  • using excessive force in the course of an arrest or investigation,
  • arresting or detaining someone without reasonable grounds,
  • obtaining a search warrant using false information,
  • harassing or targeting members of the public for an improper reason, and
  • driving recklessly or dangerously.

What are my options?[edit]

You have at least three options. You could choose one or more of these:

  • file a police complaint,
  • file a lawsuit, and
  • file a human rights complaint.

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(s) to pursue. A lawyer can give you advice on which option(s) are appropriate.

A police complaint may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered.

A lawsuit is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money.

A human rights complaint is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money.

When do I have to act?[edit]

This depends on which option(s) you choose to pursue. For example:

  • police complaints must normally be filed within 12 months of the incident,
  • lawsuits must normally be filed within 2 years of the incident, and
  • human rights complaints must normally be filed within 6 months (municipal police) or 12 months (RCMP) of the incident.

It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods."

What should I do first?[edit]

Write down what happened[edit]

Notes recorded right after the incident will support your credibility down the road. You should include the following details:

  • date and time of the incident,
  • what were you doing prior to the incident,
  • who was involved, who witnessed the incident,
  • the number and description of police officers involved,
  • what happened during the incident, in as much detail as possible,
  • who said what during the incident, and
  • what happened after the incident.

Preserve the evidence[edit]

There might be evidence confirming what happened. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include:

  • video/audio recordings of the incident,
  • photographs taken during the incident,
  • photographs of injuries taken after the incident,
  • badge numbers, business cards of officers involved, or
  • any other items or documents related to the incident.

Go to the hospital or your doctor[edit]

If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away.

How to File a Police Complaint[edit]

BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion.

The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available on the RCMP's website.

If you have a complaint against one or more members of the RCMP you should file it with the Civilian Review and Complaints Commission for the RCMP ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the Commission's website.

Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.

If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process.

Tipsandnotes.png
There is now an independent, civilian-led body that will conduct investigations into on- and off-duty police involved in incidents that result in death or serious harm. For more information see the website for the Independent Investigations Office of BC.

What happens next[edit]

Your complaint will be investigated by a police officer. In minor cases, the investigator will contact you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator will investigate the incident in depth. You will be provided with a report of what happened.

You will not be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.

Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is determined to have been appropriate in the circumstances.

In complaints involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a Request for Complaint Review to the Chair of the CRCC. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.

In complaints involving municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the Police Complaints Commissioner (BC) asking for a review. The Commissioner will review the investigation and may order further investigation.

How to start a lawsuit[edit]

Police Complaints Commissioner (BC)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.

Choosing whether or not to sue[edit]

There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion.

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 only option that will provide you with 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.

Choosing the correct court[edit]

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[edit]

  • 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 disincentive).

Supreme Court[edit]

  • no limit on the possible award for damages,
  • partial legal costs usually awarded to successful party (again, could be an incentive or 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.

How to commence your lawsuit[edit]

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.

The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia.” 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.

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.

You should not name individual officers as defendants except in the most egregious cases of misconduct.

What happens next?[edit]

There are many procedural steps that must be following 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.

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:

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

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

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.

How to file a human rights complaint[edit]

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

If the incident involved municipal police officers you must file your complaint with the BC Human Rights Tribunal ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the BC Human Rights Code. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.

If the incident involved RCMP officer you must file your complaint with the Canadian Human Rights Commission (“CHRC”). The CHRC administers complaints under the Canadian Human Rights Act. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below.

Where to get help[edit]

See the Resource List for a list of helpful resources. Your best bets are:

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Neil Chantler, December 2015.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.