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

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.