Difference between revisions of "Complaints Against the Municipal Police"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Yulina Wang|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}}
If you are concerned about a police officer’s conduct, you have options, from filing a complaint to suing. Learn how the options differ, and the steps in filing a complaint.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
This script explains how to make a complaint against the following 11 municipal police forces and 3 police agencies:


<table border="1" cellpadding="0" cellspacing="0">
===Some communities in BC are policed by a local police force===  
<tr>
Eleven municipalities in BC are policed by their own police force. Most are in the Lower Mainland (Vancouver, New Westminster, Delta, Port Moody, West Vancouver, and Abbotsford), and Greater Victoria (Victoria, Saanich, Central Saanich, and Oak Bay). Nelson also has their own police force.
<td style="width:160px;">
<p>Vancouver</p>
</td>
<td style="width:160px;">
<p>New Westminster</p>
</td>
<td style="width:160px;">
<p>West Vancouver</p>
</td>
<td style="width:160px;">
<p>Delta</p>
</td>
</tr>
<tr>
<td style="width:160px;">
<p>Port Moody</p>
</td>
<td style="width:160px;">
<p>Abbotsford</p>
</td>
<td style="width:160px;">
<p>Victoria and Esquimalt</p>
</td>
<td style="width:160px;">
<p>Oak Bay</p>
</td>
</tr>
<tr>
<td style="width:160px;">
<p>Saanich</p>
</td>
<td style="width:160px;">
<p>Central Saanich</p>
</td>
<td style="width:160px;">
<p>Nelson</p>
</td>
<td style="width:160px;">
<p>Stl&rsquo;atl&rsquo;imx Tribal Police</p>
</td>
</tr>
<tr>
<td style="width:160px;">
<p>SCBCTAPS (Skytrain Police)</p>
</td>
<td style="width:160px;">
<p>Organized Crime Agency of BC</p>
</td>
<td style="width:160px;">
<p>&nbsp;</p>
</td>
<td style="width:160px;">
<p>&nbsp;</p>
</td>
</tr>
</table>


This information deals with concerns relating to a member of a municipal police force.


The RCMP polices the rest of BC. The complaint process against municipal police forces and the RCMP are significantly different. So if your complaint is against the RCMP, check script [[Complaints Against the RCMP (Script 220)|220]], titled “Complaints against the RCMP”.
Other communities in BC are policed by the Royal Canadian Mounted Police. If you have a complaint about the RCMP, [[Complaints Against the RCMP|see our information on complaints against the RCMP]].


The British Columbia ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01 Police Act]'' sets out how to make a complaint against a municipal police force. If you have a complaint against the police, you have the right to give your side of the story and have it dealt with, as explained below.
===If you are concerned with a police officer’s conduct===
You may be concerned with the conduct of a police officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the police damaged your property.


==How to make a complaint against municipal police – the first step==
You have at least four options, depending on the situation:
If you have a complaint against the police, you have to fill out a [https://opcc.bc.ca/make-a-complaint/ complaint form] with the [http://www.opcc.bc.ca/ Office of the Police Complaint Commissioner]. You can also get the form from any of the police departments listed above. Or you can call the Office (at 947 Fort Street, Victoria) at 250.356.7458 or toll free at 1.877.999.8707.


You have one year after the incident to complain to the Office. You can hire a lawyer to represent you, but you don’t have to. Your complaint could be about several things, for example, a police officer using abusive language or excessive force, failing to perform duties, or something else. There are three types of complaints, as this script explains later.
# filing a police complaint,
# suing the police,
# filing a human rights complaint, and
# pursuing criminal charges.


==After you file a complaint – is it admissible?==
Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option to pursue. In some cases, it might be appropriate to pursue two or more options.
The Office will review the complaint and decide if it is admissible under the Act. To be admissible, a complaint must describe conduct that, if proven, would be misconduct as the Act defines it. It must also involve an incident that occurred in the last 12 months and it must not be frivolous or vexatious.


If the Office finds that the complaint is not admissible, it will close the file and tell you why. That decision is final – you cannot appeal it.
===Filing a police complaint===
If you have concerns with a police officer’s conduct, you can '''make a complaint'''. You can file a complaint with an independent agency that reviews complaints made against local police forces in BC.


==If the complaint is admissible==
Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.
The Office will then decide how to handle the complaint. The options include an informal resolution, mediation, or a formal investigation.


===1. Informal resolution===
We explain the steps in making a complaint shortly.
:For less serious complaints, a facilitator can help the parties resolve the conflict. The facilitator is usually a trained, senior member of the police department. This process is available only if both the complainant and police officer agree to it. Sometimes, a meeting or phone call can clear up a misunderstanding and lead to a settlement.
===2. Mediation===
:In some cases, a trained mediator may meet with the complainant and the police officer to help them settle the complaint.
===3. Formal investigation===
:For more serious complaints, an analyst with the Office will oversee a formal investigation by the police department complained about, or another police department. This takes about 6 months, but the Police Complaint Commissioner can extend the time. If the investigation report is approved by the Office and the discipline authority (explained below), the complainant and the police officer will receive a copy of the authority’s decision and the investigation report.


==Complaint reviewed by Police Complaint Commissioner==
===Suing the police===
If you’re not satisfied with the result, you can ask the Commissioner to do a further review. If the Commissioner disagrees with the decision, they can do one of the following things:
If a police officer injured you, damaged your property, or violated your rights, you may be able to '''sue''' the officer and the police force in civil court.
*Appoint a retired judge to review the decision if the complaint was not substantiated.
 
*Arrange for a Review on the Record following a discipline proceeding.
Suing the police might lead to a settlement or judgment involving the payment of money.
*Arrange for a public hearing before a retired judge, called an adjudicator.
 
A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within '''two years''' of the incident. [[Starting a Lawsuit|See our information on suing in Small Claims Court]].


The Commissioner is an Officer of the BC Legislature, independent of government and the police. The Commissioner must consider the following things when deciding what to do about your request:
===Filing a human rights complaint===
#How serious is the complaint?
If you believe you have been discriminated against by a police officer, you can consider '''filing a human rights complaint'''.
#How serious is the harm suffered?
#Is a public hearing needed to discover the truth?
#Did the police make a mistake when they investigated the complaint?
#Is a public hearing, or a review on the record, needed to restore or preserve public confidence in the complaint process and in the police?


The Commissioner will approve or deny your request. The Commissioner may also ask the Lieutenant Governor in Council to order a broader public inquiry under the ''Public Inquiry Act''.
A human rights complaint might lead to a settlement or judgment involving the payment of money.


==Three types of complaints==
A human rights complaint against a member of a municipal police force [http://www.bchrt.bc.ca/ is filed with the BC Human Rights Tribunal]. The complaint must normally be filed within '''12 months''' of the incident.
A complaint can be made against a municipal constable, a Chief Constable or Deputy Chief Constable, or a municipal police department. There are 3 types of complaints:
*'''Public trust complaints''' against a constable, chief constable or deputy chief constable
*'''Internal discipline complaints''' against a constable, chief constable or deputy chief constable
*'''Service or policy complaints''' against a police department


A '''discipline authority''' deals with complaints and is defined in [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section76 section 76] of the Act. The Chief Constable is the discipline authority for complaints against a municipal constable. The Chair of the Police Board is the discipline authority for complaints against a Deputy Chief Constable or Chief Constable. The Police Board is responsible for complaints against a police department.
===Pursuing criminal charges===
If you believe a police officer committed a crime, you can pursue having '''criminal charges''' brought against the officer.


===Public trust complaints ([http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section77 section 77])===
If charges are laid, the officer would face criminal proceedings.
Public trust complaints involve an officer’s conduct when dealing with a member of the public. The ''Code of Professional Conduct Regulation'' says that police officers must deliver fair, impartial, and effective services to their community and are accountable to the public. The Act lists the following types of misconduct:
*discreditable conduct
*discourtesy
*neglect of duty
*deceit
*improper disclosure of information
*corrupt practice
*abuse of authority
*improper use or care of firearms
*damage to police property
*damage to property of others
*misuse of intoxicants
*conduct constituting an offence
*accessory to misconduct
*improper off-duty conduct


===Internal discipline complaints([http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#division_d2e22041 Division 6])===
The process starts with you raising your concerns with the police force involved. They will investigate. Their investigation could result in a '''report to Crown counsel''' (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.
Internal discipline complaints involve conduct problems between an officer and their department that don’t affect the public. They are made by a superior or fellow officer—not a member of the public. Labour law principles apply to investigations of these complaints.


===Service or policy complaints ([http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#division_d2e21474 Division 5])===
If the police don’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a '''justice of the peace''' to ask that the officer be charged. For more on this process, [[Charging Someone with a Criminal Offence|see our information on charging someone with a criminal offence]].
Service or policy complaints against a municipal police department claim that the operation of the department is inadequate in terms of:
*policies
*procedures
*standing orders
*supervision and management controls
*training programs and resources
*staffing
*resource allocation
*procedures or resources that permit the department to respond to requests for assistance
*any other internal operational or procedural matter


==Two other possibilities==
===If a police incident results in death or serious harm===
If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec38.02_smooth The ''Police Act''] requires the '''Independent Investigation Office''' to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for the RCMP or a municipal police force.


===Suing the police===
If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, [http://iiobc.ca/ see the office’s website].
If a police officer injured you, caused you property damage, or violated your rights, you may be able to sue the officer or the officer’s employer (or both) in civil court. You should get legal advice promptly in this case – there will probably be a time limit for suing.
 
==The steps in filing a police complaint==
 
===Step 1. Make a complaint===  
If you have a complaint against a member of a municipal police force, you file it with BC’s '''Office of the Police Complaint Commissioner'''. The Commissioner is independent of government and the police. This office also accepts complaints relating to the transit police and the Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies.
 
You can make a complaint:
 
* [https://opcc.bc.ca/make-a-complaint/ By filling out a complaint form on the Commissioner’s website].
* By calling the Commissioner’s office toll-free at 1-877-999-8707.
* By fax or mail, [https://opcc.bc.ca/wp-content/uploads/2018/04/Writable-registered-complaint-form-letter-3.pdf using the PDF complaint form on the Commissioner’s website].
 
You can also get the complaint form from any of the municipal police forces in BC.
 
You have '''one year''' after the incident to file a complaint. You can hire a lawyer to represent you, but you don’t have to.
 
===Step 2. Take part in complaint resolution===
The Office of the Police Complaint Commissioner reviews the complaint. They first decide if it is '''admissible'''. The complaint must describe [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec77_smooth conduct that is defined as misconduct under the ''Police Act''] and occurred in the last 12 months.
 
If the Commissioner finds the complaint is not admissible, it will close the file and tell you why. That decision is final — you cannot appeal it.


===Criminal charges===
====If the complaint is admissible====
If you say that a police officer committed a crime or broke a law, the local police force will investigate. The result of the investigation may go to the Regional Crown Counsel – the senior prosecutor for the area – to decide whether to charge the officer with a crime. If the police don’t send a report to the prosecutor, or the prosecutor decides not to charge the officer, you can still go to a Justice of the Peace and ask that the officer be charged. For more information, check script [[Charging Someone with a Criminal Offence (Script 215)|215]], called “Charging Someone with a Criminal Offence”.
The Commissioner’s office then decides how to handle the complaint. The options include:


==Independent Investigation Office==
* '''Informal resolution'''. For less serious complaints, a '''facilitator''' can help resolve the conflict. This process is available only if both you and the police officer agree to it.
In 2012, the [http://iiobc.ca/ Independent Investigation Office] started operating. It investigates on- and off-duty police related incidents of death and serious harm. The Police Act requires police to notify the Office of such incidents. The Office investigates incidents involving both municipal police and the RCMP. This is a separate process from making a complaint against the police.
* '''Mediation'''. In some cases, a trained '''mediator''' can meet with you and the police officer to help settle the complaint.


For more serious complaints, the Commissioner’s office oversees a '''formal investigation''' by the police department involved (or another police department). If the investigation results in a finding of misconduct, they may recommend disciplinary measures.


===Step 3. Request a review===
If you’re not satisfied with the result of the complaint resolution process or investigation, you can ask the Police Complaint Commissioner to do a '''further review'''. The Commissioner can appoint a retired judge to review the matter or arrange for a public hearing before a retired judge.


[updated August 2017]
In deciding on their approach to the review, the Commissioner considers the seriousness of the complaint, the harm suffered, and whether a public hearing is in the public interest.


'''The above was last reviewed for accuracy by Yulina Wang and edited by John Blois.'''
If a review or public hearing is conducted, the retired judge will deliver a '''decision''' on whether there was misconduct, and if so, the disciplinary measures imposed.
----


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Latest revision as of 04:22, 15 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Yulina Wang in August 2017.
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If you are concerned about a police officer’s conduct, you have options, from filing a complaint to suing. Learn how the options differ, and the steps in filing a complaint.

What you should know

Some communities in BC are policed by a local police force

Eleven municipalities in BC are policed by their own police force. Most are in the Lower Mainland (Vancouver, New Westminster, Delta, Port Moody, West Vancouver, and Abbotsford), and Greater Victoria (Victoria, Saanich, Central Saanich, and Oak Bay). Nelson also has their own police force.

This information deals with concerns relating to a member of a municipal police force.

Other communities in BC are policed by the Royal Canadian Mounted Police. If you have a complaint about the RCMP, see our information on complaints against the RCMP.

If you are concerned with a police officer’s conduct

You may be concerned with the conduct of a police officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the police damaged your property.

You have at least four options, depending on the situation:

  1. filing a police complaint,
  2. suing the police,
  3. filing a human rights complaint, and
  4. pursuing criminal charges.

Each option is designed for a different purpose, and each leads to a different outcome. If possible, you should speak to a lawyer before deciding which option to pursue. In some cases, it might be appropriate to pursue two or more options.

Filing a police complaint

If you have concerns with a police officer’s conduct, you can make a complaint. You can file a complaint with an independent agency that reviews complaints made against local police forces in BC.

Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.

We explain the steps in making a complaint shortly.

Suing the police

If a police officer injured you, damaged your property, or violated your rights, you may be able to sue the officer and the police force in civil court.

Suing the police might lead to a settlement or judgment involving the payment of money.

A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within two years of the incident. See our information on suing in Small Claims Court.

Filing a human rights complaint

If you believe you have been discriminated against by a police officer, you can consider filing a human rights complaint.

A human rights complaint might lead to a settlement or judgment involving the payment of money.

A human rights complaint against a member of a municipal police force is filed with the BC Human Rights Tribunal. The complaint must normally be filed within 12 months of the incident.

Pursuing criminal charges

If you believe a police officer committed a crime, you can pursue having criminal charges brought against the officer.

If charges are laid, the officer would face criminal proceedings.

The process starts with you raising your concerns with the police force involved. They will investigate. Their investigation could result in a report to Crown counsel (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.

If the police don’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a justice of the peace to ask that the officer be charged. For more on this process, see our information on charging someone with a criminal offence.

If a police incident results in death or serious harm

If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. The Police Act requires the Independent Investigation Office to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for the RCMP or a municipal police force.

If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, see the office’s website.

The steps in filing a police complaint

Step 1. Make a complaint

If you have a complaint against a member of a municipal police force, you file it with BC’s Office of the Police Complaint Commissioner. The Commissioner is independent of government and the police. This office also accepts complaints relating to the transit police and the Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies.

You can make a complaint:

You can also get the complaint form from any of the municipal police forces in BC.

You have one year after the incident to file a complaint. You can hire a lawyer to represent you, but you don’t have to.

Step 2. Take part in complaint resolution

The Office of the Police Complaint Commissioner reviews the complaint. They first decide if it is admissible. The complaint must describe conduct that is defined as misconduct under the Police Act and occurred in the last 12 months.

If the Commissioner finds the complaint is not admissible, it will close the file and tell you why. That decision is final — you cannot appeal it.

If the complaint is admissible

The Commissioner’s office then decides how to handle the complaint. The options include:

  • Informal resolution. For less serious complaints, a facilitator can help resolve the conflict. This process is available only if both you and the police officer agree to it.
  • Mediation. In some cases, a trained mediator can meet with you and the police officer to help settle the complaint.

For more serious complaints, the Commissioner’s office oversees a formal investigation by the police department involved (or another police department). If the investigation results in a finding of misconduct, they may recommend disciplinary measures.

Step 3. Request a review

If you’re not satisfied with the result of the complaint resolution process or investigation, you can ask the Police Complaint Commissioner to do a further review. The Commissioner can appoint a retired judge to review the matter or arrange for a public hearing before a retired judge.

In deciding on their approach to the review, the Commissioner considers the seriousness of the complaint, the harm suffered, and whether a public hearing is in the public interest.

If a review or public hearing is conducted, the retired judge will deliver a decision on whether there was misconduct, and if so, the disciplinary measures imposed.

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