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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 22:02, 17 May 2016
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==== a) Step 1: Making a Complaint ==== | ==== 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 | 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 informal resolution of the complaint. The most effective method is generally to send a written complaint to the Commission's regional office. | ||
Generally, a complaint must be made within one year after the day on which the conduct is alleged to have occurred (''RCMPA'' s 45.3(5)). However, the Commission may extend the time limit for making a complaint if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest (s 45.3(6)). | |||
==== b) Step 2: Informal Resolution ==== | |||
If no attempt is made to resolve the complaint informally, or if the attempt is unsuccessful, a formal investigation of the complaint will be carried out. The complainant must be informed in writing of the results of the investigation. | |||
'''NOTE:''' Under section 45.53 of the ''RCMPA'', the RCMP may refuse to investigate the complaint. If they refuse, the complainant may appeal this decision to the Commission for Public Complaints. | |||
==== c) Step 3: Formal Resolution ==== | |||
A complainant who is not satisfied with the results of the investigation may request that the Commission review the handling of the complaint. As a result of this review, the Commission may refuse to conduct a further investigation, or may conduct a public inquiry into the complaint. There is no further appeal from the Commission’s decision. | |||
== E. Civil or Criminal Proceedings == | |||
Other approaches to dealing with misconduct by the police force are: | |||
#Asking for a criminal investigation and acting as a witness; or | |||
#Suing in tort to get compensation for loss. | |||
=== 1. Criminal Proceedings === | |||
The ''Criminal Code'' [''CC''] limits the criminal liability of public officers who, in the course of conducting investigations or law enforcement activities, commit acts or omissions that would otherwise constitute offences. Under sections 25.1 to 25.4 of the ''CC'', a public officer would be justified in committing an act or omission, or in directing another person to do so, that would otherwise constitute an offence, so long as the public officer: | |||
*a) is investigating criminal activity or an offence under an Act of Parliament, or is enforcing an Act of Parliament; | |||
*b) is designated as a public officer for the purposes of sections 25.1 to 25.4 by the competent authority (the Solicitor General of Canada in the case of RCMP officers; the provincial Minister responsible for policing in the case of police forces constituted under provincial laws); and | |||
*c) believes on reasonable grounds that committing the act or omission, given the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances. | |||
p. 5-24 | p. 5-24 | ||