Complaints Against the Municipal Police

This script explains how to make a complaint against the following 11 municipal police forces and 3 police agencies:

1. Vancouver
2. New Westminster
3. West Vancouver
4. Delta
5. Port Moody
6. Abbotsford
7. Victoria (also serves Esquimalt)
8. Oak Bay
9. Saanich
10. Central Saanich
11. Nelson
12. Organized Crime Agency of BC
13. Stl’atl’imx Tribal Police
14. SCBCTAPS (Skytrain Police)

The RCMP supply police services to the rest of BC. So if your complaint is against the RCMP, check script 220, called “Complaints Against the RCMP”.

The British Columbia Police Act (the Act, available at www.bclaws.ca) 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.

How to make a complaint against municipal police – the first step

If you have a complaint against the police, you have to fill out a complaint form. The form is available on the website (www.opcc.bc.ca) of the Office of the Police Complaint Commissioner (the Office). You can also get the form from any of the police departments listed above. Or you can call the Office (located 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 make the complaint with the Office. You can hire a lawyer to represent you, but you don’t have to. Your complaint could be about any of 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 will explain.

After you file a complaint – is it admissible?

The Office will review the complaint and decide if it is admissible under Division 3 of 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 explain why to you. That decision is final – you cannot appeal it.

If a complaint is not admissible – but it concerns a police department’s services or policies – the police department’s board must deal with it, under Division 5 of the Act.

If the complaint is admissible

The Office will give the complaint to the police department involved for investigation. Then, one of three things will happen: informal settlement, professional mediation, or investigation by a professional standards officer.

1. Informal settlement

In some cases, the police will try to settle a complaint informally. Sometimes, a meeting or phone call can clear up a misunderstanding and lead to a settlement.

2. Professional mediation

In some cases, a professional mediator may meet with you and the police officer to solve the complaint.

3. Investigation by professional standards officer

If neither informal settlement nor mediation work, the police department complained about, or another police department, will investigate the complaint. They must finish investigating within 6 months, but the Police Complaint Commissioner can extend that time. An analyst from the Office monitors the investigation.

Complaint reviewed by Police Complaint Commissioner

If you’re not satisfied with the police investigation, you can ask the BC Police Complaint Commissioner to do one of the following things:

• 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.
• Arrange for a public hearing before a retired judge, called an adjudicator.

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:

1. How serious is the complaint?
2. How serious is the harm suffered?
3. Is a public hearing needed to discover the truth?
4. Did the police make a mistake when they investigated the complaint?
5. 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 Solicitor General to order a broader public inquiry under the Inquiry Act.

Three types of complaints

A complaint can be 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 all complaints. 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.

Public trust complaints (Division 3 of the Act)

This type of complaint involves 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 (Division 6 of the Act)

This type of complaint involves conduct problems between an officer and their department that don’t affect the public. It is 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 (Division 5 of the Act)

This type of complaint against a municipal police department claims 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

Suing the police

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.

Criminal charges

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 that person 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 215, called “Charging Someone with a Criminal Offence”.

Independent Investigation Office

In 2011, BC set up the Independent Investigation Office to investigate 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. More details are available at on the Ministry of Justice website at www.gov.bc.ca/justice. Click on “Policing in BC” and then on “Independent Investigation Office”.

[updated November 2012]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

A step in a court proceeding in which each party advises the other of the documents in their possession which relate to the issues in the court proceeding and produces copies of any documents the other side requests before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.

Something which can be owned. See "chattels" and "real property."

The right of a person to bring a particular claim under a particular act before a particular court. In most cases, someone who does not have a direct interest in a dispute will lack standing to be a party in a proceeding.

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.