Complaints Concerning Police Conduct (5:V): Difference between revisions
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 18:14, 15 August 2024
, 15 August→1. General Information
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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 | 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 Complaint 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:''' 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. | :'''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. | ||
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For a more detailed discussion on launching civil claims against the police see '''Section V.D.2 of this chapter'''. | 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 === | ||