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Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 21:52, 17 May 2016
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*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. | *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. | ||
After a public hearing takes place, the judge’s decision is communicated to all interested parties. The parties can appeal questions of law, but not questions of fact, to the BC Court of Appeal. | |||
For help writing a letter of complaint against the Police Department, please pick up an informational brochure from: | |||
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BC Civil Liberties Association 900 Helmken Street, 2nd Floor Telephone: (604) 687-2919 Vancouver, BC V6Z 1B3 Fax: (604) 687-3045 | |||
== D. Complaints Against a Member of the RCMP == | |||
'''NOTE:''' In December 2014, the ''Enhancing Royal Canadian Mounted Police Accountability Act'', SC 2013, c 18 [''ERCMPAA''], came into force. This legislation has significantly reformed the RCMP complaint process. The ''ERCMPAA'' made amendments to the ''Royal Canadian Mounted Police Act'' [''RCMPA''], which governs complaints against RCMP members. | |||
=== 1. General Information === | |||
Though the RCMP functions as provincial police in BC, the complaint process is governed by the federal ''RCMPA''. Under the Act, a Civilian Review and Complaints Commission has been established to monitor complaints against members, to conduct its own investigations into allegations of misconduct, and to hold public inquiries into such allegations where it deems them appropriate. All members of the Commission are civilians. | |||
During an informal resolution attempt, or a formal investigation, the complainant will likely make oral or written statements. It is unclear whether such statements could be used against the complainant in other proceedings. If a complainant is facing criminal charges or a civil action regarding the same matter, the complainant should get the advice of counsel before making any statements. | |||
The Commission can only make recommendations to the Commissioner of the RCMP regarding disciplinary action. However, if the Commissioner of the RCMP does not act on these recommendations, the Commissioner must give reasons for not doing so in writing to the Commission. Complaints against the RCMP in BC should be directed to: | |||
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Civilian Review and Complaints Comission for the RCMP National Intake Office P.O. Box 88689 Surrey, BC V3W 0X1 Telephone: 1-800-665-6878 E-mail: complaints@crcc-ccetp.gc.ca Website: www.crcc-ccrtp.gc.ca | |||
=== 2. The Complaint Process === | |||
==== a) Step 1: Making a Complaint ==== | |||
Clients can make complaints orally or in writing to the relevant RCMP detachment, to the Commanding Officer of “E” Division, or to the Commission, either in Surrey or at the regional office. The complaint will be acknowledged in writing. A member of the detachment will contact the complainant, and may attempt an | |||
p. 5-24 | p. 5-24 | ||