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

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==== Step 3: Informal Resolution or Mediation ====
==== Step 3: Informal Resolution or Mediation ====


A complaint may be resolved informally at any time before or during an investigation if the matter is suitable and the complainant and the police officer agree in writing to the resolution.  Informal resolution or mediation is a voluntary, confidential process that provides a non-confrontational opportunity for both parties to talk to each other and hear how their actions affected the other.  If a complainant does not want to meet the police officer face to face, a neutral third party or professional mediator can facilitate and help the parties reach an agreement.  Within '''10 business days''' after agreeing to the proposed informal resolution, either party may revoke the agreement by notifying the relevant discipline authority or the Commissioner in writing (''Police Act'', s 157(4)).  
A complaint may be resolved informally at any time before or during an investigation if the matter is suitable and the complainant and the police officer agree in writing to the resolution.  Informal resolution or mediation is a voluntary, confidential process that provides a non-confrontational opportunity for both parties to talk to each other and hear how their actions affected the other.  If a complainant does not want to meet the police officer face to face, a neutral third party or professional mediator can facilitate and help the parties reach an agreement.  Within '''10 business days''' after agreeing to the proposed informal resolution, either party may revoke the agreement by notifying the relevant discipline authority or the OPCC in writing (''Police Act'', s 157(4)).  


If a complainant strongly objects to their complaint being informally resolved and would prefer it be investigated immediately, they should let the OPCC know and provide reasons.  Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a lack of time to participate in an informal process due to economic or other circumstances.  Usually this objection is sufficient to move the complaint directly to the investigation step.
If a complainant strongly objects to their complaint being informally resolved and would prefer it be investigated immediately, they should let the OPCC know and provide reasons.  Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a lack of time to participate in an informal process due to economic or other circumstances.  Usually this objection is sufficient to move the complaint directly to the investigation step.


A complaint may also be resolved by mediation (''Police Act'', s 158(1)). If the Police Complaint Commissioner agrees, a professional mediator may be appointed to assist the complainant and the officer in resolving the complaint. The mediator is selected by the administrator of the BC Mediator’s Roster and is completely independent from any police department or the OPCC.  
A complaint may also be resolved by mediation (''Police Act'', s 158(1)). If the OPCC agrees, a professional mediator may be appointed to assist the complainant and the officer in resolving the complaint. The mediator is selected by the administrator of the BC Mediator’s Roster and is completely independent from any police department or the OPCC.


==== Step 4: Investigation ====
==== Step 4: Investigation ====
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