I Was Harassed or Assaulted by the Police

You have two options in dealing with complaints about the police:

• use the police complaint process, or
• take direct legal action by suing the police in Small Claims Court (or Supreme Court).

It is important to get legal advice about both these options, particularly suing. This section will focus on how the police complaint process works.

There are notice and limitation periods as short as two months for taking legal action against a municipal police officer - it is very important that these time limits are followed.

Many municipalities in BC are policed by their own police force - for example, the Vancouver Police Department. Most parts of rural BC are policed by the RCMP. BC has two separate agencies that accept complaints for police. For municipal forces, the Office of the Police Complaints Commissioner (BC) oversees complaint investigations. For the RCMP, the Commission for Public Complaints Against the RCMP oversees complaint investigations.

If you know whether the problem you had was with a municipal officer or RCMP officer, it's better to direct your complaint if you can. But if you don't know, don't worry. Both agencies will accept, and forward, complaints to each other to make sure your complaint is investigated.

It's always best to make your complaint directly to one of the two agencies, rather than to a police officer. Complaining to the agency guarantees that your complaint will follow the formal investigation process.

First steps

1. Make notes about what happened, where and when. Include the name or badge number or description of the officer(s) if you can.
2. Contact people who witnessed the incident. Ask them to write down what happened and give you a copy. They should include their name, address and phone number.
3. If you were injured, go see a doctor to record your injuries. Tell the doctor what happened. Take pictures of your injuries.
4. Complete and send in a complaint form to the Commission for Public Complaints against the RCMP or to the Office of the Police Complaints Commissioner (BC). You can obtain complaint forms from the website of either the Commission for Public Complaints Against the RCMP or the OPCC website; see the Resource List for contact and website information.

What happens next

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.

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 legal under Canadian law.

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 Commission for Public Complaints against the RCMP. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.

Where to get help

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

• RCMP Public Complaints Commission.
• Office of the Police Complaints Commissioner (BC).
• BC Civil Liberties Association, Community Legal Assistance Society.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
• The Law Students' Legal Advice Program Manual chapter on "Public Complaints Procedures".
• Clicklaw for more resources listed under the common question "I was assaulted by police".

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."