Complaints Concerning Police Conduct (5:V): Difference between revisions
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 00:00, 15 August 2024
, 15 August→2. Civil Proceedings
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EXAMPLE: An action brought by a complainant named John Smith could read “John Smith vs City of Vancouver, Constable Jane Doe, and Constable Richard Roe.” | EXAMPLE: An action brought by a complainant named John Smith could read “John Smith vs City of Vancouver, Constable Jane Doe, and Constable Richard Roe.” | ||
:'''NOTE:''' If the complaint is against a municipal police force, '''special limitation periods''' apply. The municipality must be informed by notice letter to sue within '''60 days''' ('''NOTE:''' filing a police complaint does '''not''' constitute notifying the municipality), and the notice of claim should be filed within '''2 years''' of the incident (see ''[https://www.canlii.org/en/bc/bcca/doc/2002/2002bcca61/2002bcca61.html?resultIndex=1 Gringmuth v The Corporation of the District of North Vancouver]'', 2002 BCCA 61). The regular Small Claims Court limitation periods apply if you are suing the RCMP or a private security guard. | :'''NOTE:''' If a police complaint is being made in addition to another legal action (typically, a civil lawsuit or a claim at the BC Human Rights Tribunal), filing a police complaint does not satisfy the relevant limitation period before which a legal action must be started. If an individual does not initiate legal action until the police complaint process has concluded to initiate legal action, it is likely that the limitation date will have passed. If the complaint is against a municipal police force, '''special limitation periods''' apply. The municipality must be informed by notice letter to sue within '''60 days''' ('''NOTE:''' filing a police complaint does '''not''' constitute notifying the municipality), and the notice of claim should be filed within '''2 years''' of the incident (see ''[https://www.canlii.org/en/bc/bcca/doc/2002/2002bcca61/2002bcca61.html?resultIndex=1 Gringmuth v The Corporation of the District of North Vancouver]'', 2002 BCCA 61). The regular Small Claims Court limitation periods apply if you are suing the RCMP or a private security guard. For the BC Human Rights Tribunal, there is a '''1 year''' deadline from the date of the incident to make a claim, and there is no requirement to notify the municipality within 60 days. | ||
Even if a complainant has not sent a notice letter to the municipal government, the municipal government should still be named as a party. At trial, the claimant can argue they had a reasonable excuse for failing to deliver a notice letter to the city, and that the municipality has not been prejudiced by the failure to write the letter. | Even if a complainant has not sent a notice letter to the municipal government, the municipal government should still be named as a party. At trial, the claimant can argue they had a reasonable excuse for failing to deliver a notice letter to the city, and that the municipality has not been prejudiced by the failure to write the letter. | ||