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

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.  

There are two types of complaints: registered and non-registered.  When someone submits a registered complaint, they will be kept informed about the investigation and its outcome, and they have a right to appeal the result.  By contrast, someone submitting a non-registered complaint does not participate any further in the process and cannot appeal the outcome.  

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Before investigating a complaint, the OPCC must first determine whether it is admissible (''Police Act'' s 82).  A complaint is admissible if it is made '''within 12 months''' of the incident, is not frivolous or vexatious, and contains at least one allegation that, if proved, would constitute misconduct under section 77 of the ''Police Act''. Complainants will be contacted to tell them whether their complaint is admissible or not (''Police Act'', ss 83(1) and (2)). The OPCC’s determination of admissibility cannot be appealed.

:'''NOTE:''' Complaints about a municipal police department’s policies or about the services it provides, rather than about a particular incident of misconduct, may still be admissible but should be submitted under a different process. Contact the OPCC directly about these complaints.

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)).  

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.

An investigation into a misconduct complaint is usually conducted by the originating department’s Professional Standards Section.  The OPCC may, if the circumstances require, order that an external police agency conduct the investigation.  The OPCC will assign the file to an analyst, who will oversee the investigation conducted by the Professional Standards investigator and ensure that the investigation is thorough, impartial, and completed in a timely manner.  All investigations must be completed within six months (''Police Act'', s 99(1)).  During the investigation, the complainant and member will be periodically updated about the investigation’s progress.  At the conclusion of the investigation, the investigator will submit a final investigation report to the discipline authority and the OPCC. The discipline authority will then decide whether the allegations appear to be substantiated and, if so, propose corrective or disciplinary measures.

What happens next in the process depends on whether or not the allegations appear to be substantiated.

If the discipline authority decides that the allegation of misconduct is substantiated and merits disciplinary or corrective measures, the discipline authority may conduct a confidential prehearing conference with the police officer, if doing so is not contrary to the public interest (''Police Act'', s 120(2)).  At the hearing, the officer has an opportunity to admit the misconduct and accept disciplinary or corrective measures.  If the officer and the discipline authority at the prehearing conference agree on disciplinary measures, and the Commissioner gives their approval, the matter is considered resolved.  This resolution is final and cannot be reviewed by a court on any ground.  

If a prehearing conference is not held, or if it does not result in a resolution of each allegation of misconduct against the police officer, the discipline authority must convene a disciplinary proceeding to determine appropriate disciplinary or corrective measures within 40 business days of receiving the final investigation report (''Police Act'', s 118(1)).  However, the discipline authority must cancel this proceeding if the Commissioner arranges a public hearing about the impugned conduct (''Police Act'', s 123(3)).   

The complainant must receive at least 15 days’ notice of a disciplinary proceeding (''Police Act'', s 123(1)(c)(i)).  The complainant may provide written or oral submissions in advance of the hearing but cannot actually attend the proceeding.

   

For further information, please see http://www.opcc.bc.ca.

*the nature and seriousness of the complaint;  

*the nature and seriousness of the alleged harm caused by the police officer, including whether the officer’s conduct has undermined public confidence in the police or its disciplinary processes;