Difference between pages "Complaints Concerning Police Conduct (5:V)" and "The Right to Vote (5:VII)"

Revision as of 22:01, 1 December 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.

A. Introduction

The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the Canadian Charter of Rights and Freedoms. Under section 3, “[e]very citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”.

While this right is qualified by section 1 of the Charter, it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1.

In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal, and municipal elections.

B. British Columbia Provincial Elections

Eligibility requirements for BC provincial elections are outlined in the Election Act, RSBC 1996, c 106. Individuals should consult this Act for a specific problem as the Act is too lengthy to be discussed in detail in this chapter.

1. General Information

The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:

Elections British Columbia

Online	Website Email: electionsbc@elections.bc.ca
Address	P.O. Box 9275 Stn Provincial Government Victoria, BC V8W 9J6
Phone	Toll-free: 1-800-661-8683

2. Who Is Eligible to Vote

Section 29 of the Election Act sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.

Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In Re Yukon Election Residency Requirements, [1986] 2 BCCR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.

Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the Election Act.

Keep in mind that this is just a general guide and is not meant to be an exhaustive list. Consult the Election Act for more detailed and extensive information.

Section 32 of the Election Act provides that individuals may only vote in an electoral district in which they are resident. The Act defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations:

Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC.
Persons entering the province temporarily are not considered to be resident for election purposes.
Generally, a person's residence is the place where their family resides, but if a person moves out of the family home and does not intend to return, the person's residence will be the new place they have moved to.
Single people reside where they sleep, regardless of where they eat or work.
A change of residence occurs only if a person moves to and intends to remain in another place.
Canadian military personnel who reside in BC do not lose their resident status by leaving the province for extended periods of time in the course of their employment. Spouses and children who accompany military personnel may also retain their BC residence status.

3. Registration and Voting Procedures

Eligible voters who are not presently on the voters’ list in their district may obtain an application form from the registrar of the Electoral District in which they reside. Occasionally the Registrar General will hire Deputy Registrars to visit residences to obtain new applications.

Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election.

An eligible voter may also register at a voting place on the day of the election. Amendments to the Election Act enacted in 2008 require that the applicant produce identification in the form of either (s 41(3)):

one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence;
one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada);or
at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.”

NOTE: In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.

When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.

According to the court in Hoogbruin v BC (Attorney General) (1985), 70 BCLR 1 (CA), individuals have a constitutional right to use absentee ballots. The procedure for absentee balloting is outlined in section 105 of the Election Act. Section 27 requires that general voting day for an election is the 28th day after the date on which the election is called. If that day is a holiday, the election will be on the next day that is not a holiday. On election day itself, polls are open from 8:00 a.m. to 8:00 p.m.

If a voter does not understand English, subsection 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under subsection 269(4), before acting as a translator under subsection (3), an individual must make a solemn declaration that the person will be able to make the translation and will do so to the best of their abilities.

Section 109 deals with special circumstances whereby voters with physical disabilities or difficulties in reading or writing are able to get assistance in marking their ballots.

Employees are entitled by section 74 to four consecutive hours off during poll hours to attend a polling station, without loss of wages. However, the employer is entitled to choose which four hours are most convenient.

Upon arrival at the polling station, the voter must sign their name in a voting book (s 274), and confirm their present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot, and returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another person voted or marked their ballot. The voter is then required to leave the premises.

4. Complaints about Elections BC

If you have a complaint about contraventions of the Election Act, RSBC 1996, c 106, Local Elections Campaign Financing Act, SBC 2014, c 18, or the Recall and Initiative Act, RCBC 1996, c 398, you may make a complaint in writing by:

Mail: PO Box 9275 Stn Prov Govt Victoria BC, V8W 9J6

or

Email: investigations@elections.bc.ca

Please see the Elections BC website here for information to include in your complaint: https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/.

C. Federal Elections

The rules and regulations governing federal elections are set out in the Canada Elections Act, RSC 2000, c 9, and its subsequent amendments. Many of these rules and regulations are similar to those applicable to BC provincial elections discussed above. A brief survey of the federal Act is included below.

Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).

While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s Election Act. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.

All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)):

provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or
provides two pieces of identification that establish the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. The voter must also be accompanied by an individual who is registered to vote in the same polling division, has proper identification, and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else.

These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.

The provisions relating to vouching, as described above, were brought into force by the Fair Elections Act in December 2014. Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter. However, this leaves voters who have no identification whatsoever with little recourse. This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.

The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in Henry v Canada (Attorney General), 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the Charter, but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the Charter. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the Charter.

Many other provisions of the Canada Elections Act, such as an employee being entitled to receive time off work to cast a ballot, provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:

Elections Canada

Online	Website
Address	350 Victoria Street Gatineau, Quebec K1A OM6
Phone	1-800-463-6868

Please see the following link for more information on making complaints about federal elections: https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3.

Note: Major changes to the Canada Election Act in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.

The Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in Sauvé v Canada (Chief Electoral Officer), 2002 SCC 68. A key consideration in this decision was that, by denying the vote to all prisoners, the Act failed to balance the right to vote against the seriousness of the conduct of prisoners.

D. Municipal Elections

Municipal election procedures are outlined in the Local Government Act, RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the Vancouver Charter, SBC 1953, c 55.

To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified, the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.

A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (s 66). The general residency rules are similar to those outlined in the BC Election Act.

Applications to register should be made to the clerk of the municipality.

Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see sections 72-73).

A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.

NOTE: A literal interpretation of both the Canada Elections Act RSC 2000, c 9, and the BC Election Act, RSBC 1996, c 106, suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.

@@ Line 4: / Line 4: @@
 == A. Introduction ==
-Individuals may be dissatisfied with the level of service given by the police.  The following section outlines some of the informal and statutory procedures governing citizen complaints against police officers.
+The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the ''Canadian Charter of Rights and Freedoms''. Under section 3, “[e]very citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”.
+While this right is qualified by section 1 of the ''Charter'', it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1.
-There are two main categories of police forces in BC: municipal police forces, which are governed by the BC ''Police Act'', RSBC 1996, c 367, and the RCMP, which is governed by the ''Royal Canadian Mounted Police Act'', RSC 1985, c R-10 [RCMPA]. The RCMP is the policing agency in all parts of BC not served by a municipal police force. Their status as the provincial police force is authorized under section 14 of the BC ''Police Act''. Municipal police forces and the RCMP will be dealt with separately, as the complaint process for each is significantly different.
+In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal,
+and municipal elections.
-In 2012 the province opened the Independent Investigations Office (“IIO”), an independent body that reviews police incidents of severe bodily harm or death. To begin an investigation, complaints are to be filed with the Police Complaint Commissioner, who forwards it to the IIO. For further information, please see: http://www2.gov.bc.ca/gov/content/justice/criminal-justice/policing-in-bc/complaints-against-police <br /> http://iiobc.ca/
+== B. British Columbia Provincial Elections ==
-'''NOTE:''' On April 13, 2021, Legislative Assembly of British Columbia agreed to appoint a Special Committee on Reforming the Police Act. Among others, this Committee is intended to investigate and make recommendations of policing practices. Therefore, there will likely be upcoming changes to the ''Police Act''. You may see the Committee’s updates, activities, and contact information here: https://www.leg.bc.ca/parliamentary-business/committees/42ndParliament-2ndSession-rpa/.
+Eligibility requirements for BC provincial elections are outlined in the ''Election Act'', RSBC 1996, c 106. Individuals should consult this ''Act''  for a specific problem as the ''Act'' is too lengthy to be discussed in detail in this chapter.
-== Complaints Against a Member of a Municipal Police Force ==
 === 1. General Information ===
-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.
+The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each  district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:
-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 Complaints 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 Police Complaints Commissioner monitors how police departments investigate and conclude complaints throughout all the municipal police areas.  The process is outlined below.  For further information and a more detailed description of the complaint process, please refer to the OPCC website at http://www.opcc.bc.ca, or see Part 11 of the ''Police Act''.
+'''Elections British Columbia'''
-'''NOTE: Filing a police complaint, or waiting for the conclusion of criminal charges, does not extend the limitation period for filing a civil claim.'''  If an individual wants to start a civil claim, it must be done '''within two years''' from when the harm was suffered or discovered.  Before beginning a civil claim for police misconduct, the individual must write a letter to the City Clerk’s office relating the time, location, and nature of the alleged misconduct.  This letter must be sent within 60 days of the cause of action (''Vancouver Charter'', SBC 1953, c 55, s 294).  The letter provides the city with notice that a civil action will be filed, and allows a complainant to add the city as a party to the civil action at a later date.  This letter does not start a complaint or a civil action in itself but is a necessary first step that must be taken before launching a civil claim.  If a letter has been sent to the City Clerk’s Office within 60 days, the limitation date for filing a civil complaint is '''2 years''' after the cause of action.
+{{ResourcesLSLAP
+| address = P.O. Box 9275 Stn  Provincial Government <br /> Victoria, BC V8W 9J6
-For a more detailed discussion on launching civil claims against the police see '''Section V.D.2'''.
+| phone = Toll-free: 1-800-661-8683 <br />
+| online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.bc.ca
-'''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:''' Based on recommendations made in the February 2007 Report on the Review of the Police Complaint Process in BC by Josiah Wood, the ''Police Act'' was amended and the new ''Police Act'' came into force on March 31, 2010. The OPCC website now provides an online complaint form to make the filing of complaints easier.
-=== 2. The Complaint Process ===
-A member of a municipal police department engages in misconduct when they commit an offence under any provincial or federal act that would render them unfit  to perform their duties or that would discredit the reputation of the municipal police department. For an exhaustive definition of misconduct, see section 77 of the ''Police Act'', which governs policing standards for every police officer in BC regardless of department.
-Additionally, each municipal police department will have its own policies regarding appropriate conduct by their police officers. Some departments, such as the Vancouver Police Department (VPD) will have their policies available online. The VPD’s  Regulations and Procedure Manual and other policies can be found online at the following link: http://vancouver.ca/police/about/major-policies-initiatives/index.html.
-Individuals can make complaints about alleged misconduct by municipal police to the police complaint commissioner. Individuals do not need to have directly witnessed the misconduct; complaints can be brought on behalf of someone or even by third-party complainants. The complaint must generally be made within  '''12 months''' of the misconduct (''Police Act'', s 79(1)), but if good reasons exist, and it is not contrary to the public interest, the police complaint commissioner can extend that period (''Police Act'', s 79(2)).
-==== Step 1: Making a Complaint ====
-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.
-An individual can register a complaint by submitting it either directly to the OPCC or to an on-duty police member at the station who is assigned to receive ''Police Act'' complaints (''Police Act'', s 78(2)).  A non-registered complaint can be submitted orally to any on-duty member in the station or on the road.
-Both types of complaints can be made through the online complaint form on the OPCC website.
-==== Step 2: Admissibility ====
+=== 2. Who Is Eligible to Vote ===
-Before investigating a complaint, the Commissioner 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 Commissioner’s determination of admissibility cannot be appealed.
+Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district,  must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.
-Once the Commissioner determines a complaint is admissible, they will send a notice of admissibility to the complainant and to the chief constable of the department involved (''Police Act'' s 83(2)).  The chief constable must notify the member or former member of the complaint that has been made against them (''Police Act'', s 83(3)), appoint an investigator and, depending on the circumstances of the misconduct alleged, determine whether the matter is suitable for informal resolution.
+Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.
-'''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 office directly about these complaints.
+Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone  prohibited from voting under Part 12 of the ''Election Act''.
-==== Step 3: Informal Resolution or Mediation ====
+Keep in mind that this is just a general guide and is not meant to be an exhaustive list. Consult the ''Election Act'' for more detailed and extensive information.
-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 Commissioner in writing (''Police Act'', s 157(4)).
+Section 32 of the ''Election Act'' provides that individuals may only vote in an electoral district in which they are resident. The ''Act'' defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations:
+*Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC.
+*Persons entering the province temporarily are not considered to be resident for election purposes.
+*Generally, a person's residence is the place where their family resides, but if a person moves out of the family home and does not intend to return, the person's residence will be the new place they have moved to.
+*Single people reside where they sleep, regardless of where they eat or work.
+*A change of residence occurs only if a person moves to and intends to remain in another place.
+*Canadian military personnel who reside in BC do not lose their resident status by leaving the province for extended periods of time in the  course of their employment. Spouses and children who accompany military personnel may also retain their BC residence status.
-If a complainant strongly objects to their complaint being informally resolved and would prefer it be investigated immediately, they should let the OPCC know and provide reasons.  Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a lack of time to participate in an informal process due to economic or other circumstances.  Usually this objection is sufficient to move the complaint directly to the investigation step.
+=== 3. Registration and Voting Procedures ===
-A complaint may also be resolved by mediation (''Police Act'', s 158(1)). If the Police Complaint Commissioner 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.
+Eligible voters who are not presently on the voters’ list in their district may obtain an application form from the registrar of the Electoral   District in which they reside. Occasionally the Registrar General will hire Deputy Registrars to visit residences to obtain new applications.
-==== Step 4: Investigation ====
+Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election.
-An investigation into a misconduct complaint is usually conducted by the originating department’s Professional Standards Section.  The Commissioner 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, who will then decide whether the allegations are substantiated and, if so, propose corrective or disciplinary measures.
+An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require  that the applicant produce identification in the form of either (s 41(3)):
+* one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence;
+* one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada);or
+* at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.
-What happens next in the process depends on whether the allegations are substantiated or not.
+Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the  common law or an enactment to make personal care decisions in respect of the applicant.”
-==== If the Complaint Is Substantiated ====
-===== (1) Pre-Hearing Conference =====
+'''NOTE:''' In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of  identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.
-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.
+When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.
-===== (2) Disciplinary Proceeding =====
+According to the court in ''[https://www.canlii.org/en/bc/bcca/doc/1985/1985canlii335/1985canlii335.html?autocompleteStr=Hoogbruin%20v%20BC%20(Attorney%20General)%20(1985)%2C%2070%20BCLR%201%20(CA)&autocompletePos=1 Hoogbruin v BC (Attorney  General)]'' (1985), 70 BCLR 1 (CA), individuals have a constitutional right to use  absentee ballots. The procedure for absentee balloting is outlined in section 105 of the ''Election Act''. Section 27 requires that general voting day for an election is the 28th day after the date on which the election is called. If that day is a holiday, the election will be on the next day that is not a holiday. On election day itself, polls are open from 8:00 a.m. to 8:00 p.m.
-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)).
+If a voter does not understand English, subsection 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under subsection 269(4), before acting as a translator under subsection (3), an individual must make a solemn declaration that the person will be able to make the translation and will do so to the best of their abilities.
-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.
+Section 109 deals with special circumstances whereby voters with physical disabilities or difficulties in reading or writing are able to get assistance in marking their ballots.
-The discipline authority must, if appropriate, choose measures to correct and educate officers rather than measures intended to blame and punish.  Unless the Police Complaints Commissioner orders a public hearing, the resolution is final.
-==== If the Complaint Is Not Substantiated ====
+Employees are entitled by section 74 to four '''consecutive hours''' off during poll hours to attend a polling station, without loss of wages. However, the employer is entitled to choose which four hours are most convenient.
-===== (1) Retired Judge =====
+Upon arrival at the polling station, the voter must sign their name in a voting book (s 274), and confirm their present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot, and  returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a  secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another  person voted or marked their ballot. The voter is then required to leave the premises.
-Previously, only a police commissioner would review the file. However, complainants can now request that the Commissioner appoint a retired judge to review the file and determine whether or not the decision was correct (''Police Act'', s 117(1)). The complainant must make the request in writing within '''10 business days''' of receiving the discipline authority's decision (''Police Act'', s 117(2)). It is rare to have a retired judge review the file in less serious cases due to limited resources. There is a more realistic chance of success when the Commission appoints a retired judge.
+=== 4. Complaints about Elections BC ===
+If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by:
-For further information, please see http://www.opcc.bc.ca.
+Mail:
+PO Box 9275 Stn Prov Govt
+Victoria BC, V8W 9J6
-==== Public Hearing ====
+or
-The Office of the Police Complaint Commissioner (“OPCC”) can order public hearings into matters involving misconduct by municipal police officers in British Columbia. After the investigation into the complaint has concluded, the complainant or the police officer may request a public hearing within 20 business days of receiving notice of the decision (''Police Act'', s 136(1)), or the OPCC may initiate a public hearing itself if a public hearing is necessary in the public interest (''Police Act'', s 138(1)(d)).  In ''[https://www.canlii.org/en/bc/bcca/doc/2013/2013bcca92/2013bcca92.html?autocompleteStr=Florkow%20v%20British%20Columbia%20(Police%20Complaint%20Commissioner)%2C%202013%20BCCA%2092&autocompletePos=1 Florkow v British Columbia (Police Complaint Commissioner)]'', 2013 BCCA 92, the BC Court of Appeal found that under the current ''Police Act'' the OPCC can only hold a public hearing after certain stages of the complaint process — after the discipline authority has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding.
+Email: investigations@elections.bc.ca
-===== (1) Test for Ordering Public Hearing =====
+Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/].
-In deciding whether such a hearing is necessary in the public interest, the Police Complaints Commissioner must consider all relevant factors, including:
+== C. Federal Elections ==
-*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;
-*whether a public hearing would assist in ascertaining the truth;
-*whether a case can be made that the investigation was flawed, the proposed disciplinary measures are inappropriate, or the discipline authority incorrectly interpreted the law.
-After a public hearing takes place, the judge’s decision is communicated to all interested parties. The parties can appeal questions of law, but not questions of fact, to the BC Court of Appeal.
+The rules and regulations governing federal elections are set out in the ''Canada Elections Act'', RSC 2000, c 9, and its subsequent  amendments. Many of these rules and regulations are similar to those applicable to BC provincial elections discussed above. A brief survey of  the federal Act is included below.
-For help writing a letter of complaint against the Police Department, please pick up an informational brochure from:
+Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).
-'''BC Civil Liberties Association'''
-{{ResourcesLSLAP
-| online = [http://www.bccla.org Website]
-| address = 306 - 268 Keefer Street, 2nd Floor <br /> Vancouver, BC V6Z 1B3
-| phone = (604) 687-2919 <br /> Toll-Free: 1-855-556-3566 <br /> Fax: (604) 687-3045
-}}
-== C. Complaints Against a Member of the RCMP ==
+While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only  once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.
-'''NOTE:''' In December 2014, the ''Enhancing Royal Canadian Mounted Police Accountability Act'', SC 2013, c 18 [''ERCMPAA''], came into force. This legislation has significantly reformed the RCMP complaint process. The ''ERCMPAA'' made amendments to the ''Royal Canadian Mounted Police Act'' [''RCMPA''], which governs complaints against RCMP members.
+All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)):
+#provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or
+#provides two pieces of identification that establish the voter's name, and then establishes their residence by swearing an oath in  writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else.
-=== 1. General Information ===
+These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.
-Though the RCMP functions as provincial police in BC, the complaint process is governed by the Federal ''RCMPA''. Under the Act, a Civilian Review and Complaints Commission has been established to monitor complaints against members, to conduct its own investigations into allegations of misconduct, and to hold public inquiries into such allegations where it deems them appropriate. All members of the Commission are civilians.
+The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' in December 2014.  Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter.  However, this leaves voters who have no identification whatsoever with little recourse.  This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.
-During an informal resolution attempt, or a formal investigation, the complainant will likely make oral or written statements. It is unclear whether such statements could be used against the complainant in other proceedings. If a complainant is facing criminal charges or a civil action regarding the same matter, the complainant should get the advice of counsel before making any statements.
+The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.
-The Commission can only make recommendations to the Commissioner of the RCMP regarding disciplinary action. However, if the Commissioner of the RCMP does not act on these recommendations, the Commissioner must give reasons for not doing so in writing to the Commission. Complaints against the RCMP in BC should be directed to:
+Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot,  provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:
-'''Civilian Review and Complaints Commission for the RCMP'''
+'''Elections Canada'''
 {{ResourcesLSLAP
-| address = National Intake Office <br /> P.O. Box 1722, Station B <br /> Ottawa, Ontario K1P 0B3
+| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6
-| phone = 1-800-665-6878
+| phone = 1-800-463-6868
-| online = [http://www.crcc-ccetp.gc.ca Website] <br /> E-mail: complaints@crcc-ccetp.gc.ca
+| online = [http://www.elections.ca Website]
 }}
-=== 2. The Complaint Process ===
+Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3].
-==== Step 1: Making a Complaint ====
-Individuals can make complaints orally or in writing to the relevant RCMP detachment, or to the Commission.  The complaint will be acknowledged in writing.  A member of the detachment will contact the complainant, and may attempt an informal resolution of the complaint.  The most effective method is generally to send a written complaint to the Commission’s regional office.
-Generally, a complaint must be made within one year after the day on which the conduct is alleged to have occurred (''RCMPA'', s 45.53(5)).  However, the Commission may extend the time limit for making a complaint if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest (s 45.53(6)).
-==== Step 2: Informal Resolution ====
-If no attempt is made to resolve the complaint informally, or if the attempt is unsuccessful, a formal investigation of the complaint will be  carried out. The complainant must be informed in writing of the results of the investigation.
-'''NOTE:''' Under section 45.53 of the ''RCMPA'', the Commission may refuse to deal with the complaint for certain reasons. If they refuse, the complainant may appeal this decision to the Commission for Public Complaints.
-==== Step 3: Formal Resolution ====
-A complainant who is not satisfied with the results of the investigation may request that the Commission review the handling of the complaint within 60 days of receiving notice of the decision or report (''RCMPA'', s 45.7(1)).  As a result of this review, the Commission may refuse to conduct a further investigation, or may conduct a public inquiry into the complaint.  There is no further appeal from the Commission’s decision.
-== D. Civil or Criminal Proceedings ==
-Other approaches to dealing with misconduct by the police force are:
-#Asking for a criminal investigation and acting as a witness; or
-#Suing in tort to get compensation for loss.
-=== 1. Criminal Proceedings ===
-The ''Criminal Code'' [''CC''] limits the criminal liability of public officers who, in the course of conducting investigations or law enforcement activities, commit acts or omissions that would otherwise constitute offences. Under sections 25.1 to 25.4 of the ''CC'', a public officer would be justified in committing an act or omission, or in directing another person to do so, that would otherwise constitute an offence, so long as the public officer (s 25.1(8)):
-* is investigating criminal activity or an offence under an Act of Parliament, or is enforcing an Act of Parliament;
-* is designated as a public officer for the purposes of sections 25.2 to 25.4 by the competent authority (the Solicitor General of Canada in the case of RCMP officers; the provincial Minister responsible for policing in the case of police forces constituted under provincial laws); and
-* believes on reasonable grounds that committing the act or omission, given the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances.
-In deciding whether the officer's act or omission is reasonable and proportional, and therefore justifiable, the courts will look at the nature of the act or omission, the nature of the investigation, and the reasonable availability of other means for carrying out the public officer’s law enforcement duties (s 25.1(8)(c)).
-If the public officer’s act or omission is likely to cause loss or serious damage to property, the public officer would need authorization from a senior law enforcement official who believes on reasonable grounds that the act or omission is reasonable and proportional (s 25.1(9)(a)).
-However, these provisions do not permit officers to cause death or bodily harm to another person either intentionally or through criminal negligence, nor do they justify conduct that violates someone’s sexual integrity (s 25.1(11)).
-Individuals should consult the ''Criminal Code'' (sections 25.1 to 25.4) for further details on the limited criminal liability of public officers.
-Typically speaking, the only time a police officer will be charged is either if an internal investigation is launched, or a police complaint is filed and during the course of that investigation charges are recommended.
-=== 2. Civil Proceedings ===
-Individuals may be able to sue police officers civilly, even when they have also made a complaint. Section 179(1) of the BC ''Police Act'' specifically states that the complaint proceedings outlined above do not preclude a citizen from taking, or continuing, civil or criminal proceedings against an RCMP officer or a municipal constable for misconduct. Outside of BC, the Supreme Court of Canada ruled in ''[https://www.canlii.org/en/ca/scc/doc/2013/2013scc19/2013scc19.html?resultIndex=1 Penner v  Niagara (Regional Police Services Board)]'', 2013 SCC 19, that the result of the police complaint process calls for a case-by-case review of the circumstances to determine whether it would be unfair or unjust to prevent further litigation.
+'''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.
-Typical actions that are launched against peace officers include tort actions in assault, battery, false imprisonment, or malicious prosecution. This could be helpful to individuals who have been mistreated or suffered monetary loss because of police misconduct. These actions may now be brought in Small Claims Court.
+The  Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://www.canlii.org/en/ca/scc/doc/2002/2002scc68/2002scc68.html Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68.  A key consideration in this decision was that, by denying the vote to all prisoners, the ''Act'' failed to balance the right to vote against the seriousness of the conduct of prisoners.
-When suing the police, the complainant would usually want to sue both the police officer and the government body responsible for the officer (see ss 11 and 20 of the ''Police Act''). For a municipal police force this is the municipality; for the RCMP it is the Minister of Justice of British Columbia.
+== D. Municipal Elections ==
-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.”
+Municipal election procedures are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.
-'''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.
+To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified,  the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.
-'''NOTE:''' 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.
+A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (s 66). The general residency rules are similar to those outlined in the ''BC Election Act''.
-'''NOTE:''' Even if the 60 day limitation period has expired, a complainant should still send a notice letter to the Clerk. If the municipality was provided with notice shortly after the 60 day period expired, it will be more difficult for them to argue that they were prejudiced by the failure to send the notice letter within 60 days.
+Applications to register should be made to the clerk of the municipality.
-'''NOTE:''' If a municipal government or Minister of Justice is willing to accept liability on behalf of its officers where liability is proven, they may ask that the individual officers’ names to be removed from the lawsuit. While there may be reasons to keep the individual officers on the lawsuit, if the court finds they were left on unnecessarily, costs may be awarded against the complainant.
+Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see sections 72-73).
-Both municipal police and RCMP officers are partially immune from civil liability under subsection 21(2) of the ''Police Act''. However,  paragraph 21(3)(a) provides that this defence does not apply if the police officer has “been guilty of dishonesty, gross negligence or malicious or wilful misconduct”. In ''[https://www.canlii.org/en/ca/scc/doc/2010/2010scc27/2010scc27.html?autocompleteStr=Ward%20v%20Vancouver%20(City)%2C%202010%20SCC%2027&autocompletePos=1 Vancouver (City) v Ward]'', 2010 SCC 27, it was held that intentional torts do not qualify as wilful misconduct for the purposes of subparagraph 21(3)(a).
+A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.
-For detailed step-by-step information on suing the police (as well as private security guards), please see David Eby & Emily Rix, ''How to Sue the Police and Private Security in Small Claims Court'' (Vancouver: Pivot Legal Society, 2007).
+'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106,  suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.
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