Complaints Concerning Police Conduct (5:V): Difference between revisions
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 23:38, 14 August 2024
, 14 August→B. Complaints Against a Member of a Municipal Police Force
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Filing a police complaint against a municipal police officer is different from filing a lawsuit against a municipal police officer. Generally speaking, complaints against a municipal police officer can only lead to the officer being disciplined and do not compensate an individual for any loss they have suffered. Filing a lawsuit against the police in civil court can lead to compensation if a person’s rights were violated, but does not necessarily lead to the officer being disciplined. Parallel actions can be launched if an individual desires both compensation and disciplinary consequences for the officer involved in the incident. | Filing a police complaint against a municipal police officer is different from filing a lawsuit against a municipal police officer. Generally speaking, complaints against a municipal police officer can only lead to the officer being disciplined and do not compensate an individual for any loss they have suffered. Filing a lawsuit against the police in civil court can lead to compensation if a person’s rights were violated, but does not necessarily lead to the officer being disciplined. Parallel actions can be launched if an individual desires both compensation and disciplinary consequences for the officer involved in the incident. | ||
Part 11 of the ''Police Act'' sets out a framework for dealing with public complaints about municipal police forces in BC. The Office of the Police Complaints Commissioner (OPCC) was created as a body independent from all municipal police forces and government ministries. Complaints continue to be investigated by police departments, but the | Part 11 of the ''Police Act'' sets out a framework for dealing with public complaints about municipal police forces in BC. The Office of the Police Complaints Commissioner (OPCC) was created as a body independent from all municipal police forces and government ministries. Complaints continue to be investigated by police departments, but the OPCC monitors how police departments investigate and conclude complaints throughout all the municipal police areas. The OPCC also has the power to investigate systemic issues, meaning issues that are a systemic cause or contributor to complaints, or systemic problems associated with investigations or discipline, although these systemic investigations cannot be initiated by members of the public. The complaint process is outlined below. For further information and a more detailed description of the complaint process, please refer to the OPCC website at www.opcc.bc.ca, or see Part 11 of the ''Police Act''. | ||
:'''NOTE: | :'''NOTE:''' The 2024 amendments to the Police Act create a new class of law enforcement, “safety officers”, which can be appointed by local governments and First Nations. They will have the same powers and responsibilities as peace officers and municipal constables, and will be subject to the same complaints process. | ||
For a more detailed discussion on launching civil claims against the police see '''Section V.D.2'''. | :'''NOTE: Filing a police complaint, or waiting for the conclusion of criminal charges, does not extend the limitation period for filing a civil claim.''' If an individual wants to start a civil claim, it must be done '''within two years''' from when the harm was suffered or discovered. Before beginning a civil claim for police misconduct, the individual must write a letter to the municipality relating the time, location, and nature of the alleged misconduct. This letter must be sent within 60 days of the cause of action (For the VPD: ''Vancouver Charter'', SBC 1953, c 55, section 294. For all other municipal police forces: ''Local Government Act'', RSBC 2015, section 736(1)). The letter provides the city with notice that a civil action will be filed and allows a complainant to add the city as a party to the civil action at a later date. This letter does not start a complaint or a civil action in itself, but is a necessary first step that must be taken before launching a civil claim. If a letter has been sent to the City Clerk’s Office within 60 days, the limitation date for filing a civil complaint is '''2 years''' after the cause of action. | ||
For a more detailed discussion on launching civil claims against the police see '''Section V.D.2 of this chapter'''. | |||
:'''NOTE:''' If an individual is seeking a copy of their police report, they should make this request before filing a complaint. Otherwise, they must wait until after the matter has been investigated. | :'''NOTE:''' If an individual is seeking a copy of their police report, they should make this request before filing a complaint. Otherwise, they must wait until after the matter has been investigated. | ||
=== 2. The Complaint Process === | === 2. The Complaint Process === | ||
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A member of a municipal police department engages in misconduct when they commit an offence under any provincial or federal act that would render them unfit to perform their duties or that would discredit the reputation of the municipal police department. For an exhaustive definition of misconduct, see section 77 of the ''Police Act'', which governs policing standards for every police officer in BC regardless of department. | A member of a municipal police department engages in misconduct when they commit an offence under any provincial or federal act that would render them unfit to perform their duties or that would discredit the reputation of the municipal police department. For an exhaustive definition of misconduct, see section 77 of the ''Police Act'', which governs policing standards for every police officer in BC regardless of department. | ||
Additionally, each municipal police department will have its own policies regarding appropriate conduct by their police officers. Some departments, such as the Vancouver Police Department (VPD) will have their policies available online. The VPD’s | Additionally, each municipal police department will have its own policies regarding appropriate conduct by their police officers. Some departments, such as the Vancouver Police Department (VPD) will have their policies available online. The VPD’s Regulations and Procedure Manual can be found online at the following link: https://vpd.ca/wp-content/uploads/2024/01/regulations-and-procedures-manual.pdf | ||
Individuals can make complaints about alleged misconduct by municipal police to the police complaint commissioner. Individuals do not need to have directly witnessed the misconduct; complaints can be brought on behalf of someone or even by third-party complainants. The complaint must generally be made within '''12 months''' of the misconduct (''Police Act'', s 79(1)), but if good reasons exist, and it is not contrary to the public interest, the police complaint commissioner can extend that period (''Police Act'', s 79(2)). | Individuals can make complaints about alleged misconduct by municipal police to the police complaint commissioner. Individuals do not need to have directly witnessed the misconduct; complaints can be brought on behalf of someone or even by third-party complainants. The complaint must generally be made within '''12 months''' of the misconduct (''Police Act'', s 79(1)), but if good reasons exist, and it is not contrary to the public interest, the police complaint commissioner can extend that period (''Police Act'', s 79(2)). | ||
The 2024 amendments to the ''Police Act'' create a duty for municipal police boards to establish policies and procedures for handling, reviewing, and responding to complaints (section 139(2)(a)). These must be consistent with the policy guidelines set by the Police Complaint Commissioner, must be reviewed at least once every 4 years, and must be made available on a publicly accessible website. Municipal police boards have 2 years to develop these policies, meaning that they should be implemented by the spring of 2026. | |||
==== Step 1: Making a Complaint ==== | ==== Step 1: Making a Complaint ==== | ||