Difference between revisions of "Complaints Concerning Police Conduct (5:V)"

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Complaints Concerning Police Conduct (5:V) (view source)

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===== (1) Retired Judge =====
===== (1) Retired Judge =====


Previously, only a police commissioner would review the file. However, complainants can now request that the Commissioner appoint a retired judge to review  the file and determine whether or not the decision was correct. The complainant must make the request in writing within 10 business days of receiving the discipline authority’ s decision. It is now common to have a retired judge review the file in less serious cases. Note that there is a more realistic chance of  success when the commission appoints a retired judge. For further information, please see: http://www.opcc.bc.ca.  g)Public HearingThe  Office  of  the  Police  Complaint  Commissioner  (“OPCC”) can  order  public hearings  into  matters  involving  misconduct  by  municipal  police  officers  in  British Columbia.  After  the  investigation  into  the  complaint has  concluded,  the complainant or the police officer may request a public hearing within 20 business days of receiving notice of the decision, or the OPCC may initiate a public hearing itself  if a public  hearing  is  necessary  in  the  public  interest.  In Florkow  v  British Columbia  (Police  Complaint  Commissioner),  2013  BCCA  92,  the  BC  Court  of  Appeal found  that  under  the  current Police  Act  the  OPCC  can  only  hold  a  public  hearing after  certain  stages  of  the  complaint  process —  after  the  discipline  authority  has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding. (1)Test for Ordering Public Hearing In deciding whether such a hearing is necessary in the public interest, the Police  Complaints  Commissioner  must  consider  all  relevant  factors, including: the nature and seriousness of the complaint; the  nature  and  seriousness  of  the  alleged  harm  caused  by  the  police officer,  including  whether  the  officer’ s  conduct  has  undermined public confidence in the police or its disciplinary processes; whether a public hearing would assist in ascertaining the truth; whether  a  case  can  be  made  that  the  investigation  was  flawed,  the proposed  disciplinary  measures  are  inappropriate, or  the  discipline authority incorrectly interpreted the law.
Previously, only a police commissioner would review the file. However, complainants can now request that the Commissioner appoint a retired judge to review  the file and determine whether or not the decision was correct. The complainant must make the request in writing within 10 business days of receiving the discipline authority's decision. It is now common to have a retired judge review the file in less serious cases. Note that there is a more realistic chance of  success when the commission appoints a retired judge.  


For further information, please see: http://www.opcc.bc.ca. 


p. 5-18
==== g) Public Hearing ====
 
The Office of the Police Complaint Commissioner (“OPCC”) can order public hearings into matters involving misconduct by municipal police officers in British Columbia. After the investigation into the complaint has concluded, the complainant or the police officer may request a public hearing within '''20 business days''' of receiving notice of the decision, or the OPCC may initiate a public hearing itself if a public hearing is necessary in the public interest. In ''Florkow v British Columbia (Police Complaint Commissioner)'', 2013 BCCA 92, the BC Court of Appeal found that under the current ''Police Act'' the OPCC can only  hold a public hearing after certain stages of the complaint process — after the discipline authority has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding.
 
===== (1) Test for Ordering Public Hearing =====
 
In deciding whether such a hearing is necessary in the public interest, the Police Complaints Commissioner must consider all relevant factors, including:
*the nature and seriousness of the complaint;
*the nature and seriousness of the alleged harm caused by the police officer, including whether the officer’s conduct has undermined public confidence in the police or its disciplinary processes;
*whether a public hearing would assist in ascertaining the truth;
*whether a case can be made that the investigation was flawed, the proposed disciplinary measures are inappropriate, or the discipline authority incorrectly interpreted the law.
 
 
p. 5-24
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