I Was Harassed or Assaulted by the Police: Difference between revisions
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I Was Harassed or Assaulted by the Police (view source)
Revision as of 17:08, 5 July 2016
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==How to start a lawsuit== | ==How to start a lawsuit== | ||
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=== | ===Choosing whether or not to sue=== | ||
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. | 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 | 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 best option for achieving 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. | 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=== | ===Choosing the correct court=== | ||
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: | Should you file your lawsuit in Provincial (Small Claims) Court or Supreme Court? 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==== | ====Small Claims Court==== | ||
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* less time to mediation and trial, | * less time to mediation and trial, | ||
* judgments for damages limited to a maximum of $25,000, and | * judgments for damages limited to a maximum of $25,000, and | ||
* no awards for legal costs (this could be an incentive or disincentive). | * no awards for legal costs (this could be an incentive or a disincentive). | ||
====Supreme Court==== | ====Supreme Court==== | ||
* no limit on the possible award for damages, | * no limit on the possible award for damages, | ||
* partial legal costs usually awarded to successful party (again, could be an incentive or disincentive), | * partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive), | ||
* many procedural steps, a lawyer is not necessary but is desirable, and | * many procedural steps, a lawyer is not necessary but is desirable, and | ||
* timely and costly. | * timely and costly. | ||
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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. | 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 the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General).” 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 | 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. | You should not name individual officers as defendants except in the most egregious cases of misconduct. Officers are not personally liable for their conduct on the job except in the most extreme cases. That said, there may be advantages to naming individual officers as defendants at the outset of the case. | ||
===What happens next?=== | ===What happens next?=== | ||
There are many procedural steps that must be | There are many procedural steps that must be followed 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: | 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: | ||
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</blockquote> | </blockquote> | ||
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. | 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== | ==How to file a human rights complaint== | ||