Difference between revisions of "I Was Harassed or Assaulted by the Police"

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* take direct legal action against the police by [[I need to take someone to court—what's the process?|suing in court]].   
* take direct legal action against the police by [[I need to take someone to court—what's the process?|suing in court]].   


It is important to get legal advice about both these options, particularly suing. This section will focus on how the police complaint process works.
It is important to get legal advice about both these options, particularly suing. This section <span class="noglossary">will</span> focus on how the police complaint process works.


{{Tipsbox
{{Tipsbox
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Many municipalities in BC are policed by their own police force - the Vancouver Police Department is an example of a municipal force. The Office of the [[Police Complaints Commissioner (BC)]] accepts complaints relating to municipal police forces. That office also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police.   
Many municipalities in BC are policed by their own police force - the Vancouver Police Department is an example of a municipal force. The Office of the [[Police Complaints Commissioner (BC)]] accepts complaints relating to municipal police forces. That office also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police.   


If you know which force the officer worked for (a municipal force or the RCMP), it's better to direct your complaint to the right agency. But if you don't know, don't worry. Both agencies will accept, and forward, complaints to each other to make sure your complaint is investigated.
If you know which force the officer worked for (a municipal force or the RCMP), it's better to direct your complaint to the right agency. But if you don't know, don't worry. Both agencies <span class="noglossary">will</span> accept, and forward, complaints to each other to make sure your complaint is investigated.


It's always best to make your complaint directly to one of the two agencies, rather than to a police officer or police department. Complaining to the agency guarantees that your complaint will follow the formal investigation process.  
It's always best to make your complaint directly to one of the two agencies, rather than to a police officer or police department. Complaining to the agency guarantees that your complaint <span class="noglossary">will</span> follow the formal investigation process.  


{{Tipsbox
{{Tipsbox
| width =60%
| width =60%
| tips = There is now an independent, civilian-led body that will conduct investigations into on- and off-duty police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC].  
| tips = There is now an independent, civilian-led body that <span class="noglossary">will</span> conduct investigations into on- and off-duty police involved in incidents that result in death or serious harm. For more information see the website for the [http://iiobc.ca/ Independent Investigations Office of BC].  
}}
}}


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== What happens next ==
== What happens next ==


Your complaint will be investigated by a police officer. In minor cases, the investigator will contact you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator will investigate the incident in depth. You will be provided with a report of what happened.  
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In minor cases, the investigator <span class="noglossary">will</span> contact you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator <span class="noglossary">will</span> investigate the incident in depth. You <span class="noglossary">will</span> be provided with a report of what happened.  


Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is legal under Canadian law.
Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is legal under Canadian law.
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In the case of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a '''Request for Complaint Review''' to the Chair of the Commission for Public Complaints Against the RCMP. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.
In the case of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a '''Request for Complaint Review''' to the Chair of the Commission for Public Complaints Against the RCMP. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.


In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner will review the investigation and may order further investigation.
In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the [[Police Complaints Commissioner (BC)]] asking for a review. The Commissioner <span class="noglossary">will</span> review the investigation and may order further investigation.


== Where to get help ==
== Where to get help ==
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{{Creative Commons
{{Creative Commons
|title = Legal Help for British Columbians   
|title = Legal Help for British Columbians   
|author = [[Cliff Thorstenson]] and Courthouse Libraries BC  
|author = [[Cliff Thorstenson]] and [[Courthouse Libraries BC]]
}}
}}

Revision as of 18:49, 13 April 2013

You have two options in dealing with complaints about the police:

  • use the police complaint process, or
  • take direct legal action against the police by suing in court.

It is important to get legal advice about both these options, particularly suing. This section will focus on how the police complaint process works.

Tipsandnotes.png
There are notice and limitation periods as short as two months for taking legal action against a municipal police officer - it is very important that these time limits are followed.

BC has two separate agencies that accept complaints about the police.

Most of rural BC, and some municipalities, are policed by the RCMP. For complaints about the RCMP, use the Commission for Public Complaints Against the RCMP.

Many municipalities in BC are policed by their own police force - the Vancouver Police Department is an example of a municipal force. The Office of the Police Complaints Commissioner (BC) accepts complaints relating to municipal police forces. That office also accepts complaints relating to the transit police and some tribal police forces, including the Kitasoo Xaixais Police Service and Stl'atl'imx Tribal Police.

If you know which force the officer worked for (a municipal force or the RCMP), it's better to direct your complaint to the right agency. But if you don't know, don't worry. Both agencies will accept, and forward, complaints to each other to make sure your complaint is investigated.

It's always best to make your complaint directly to one of the two agencies, rather than to a police officer or police department. Complaining to the agency guarantees that your complaint will follow the formal investigation process.

Tipsandnotes.png
There is now an independent, civilian-led body that will conduct investigations into on- and off-duty police involved in incidents that result in death or serious harm. For more information see the website for the Independent Investigations Office of BC.

First steps[edit]

  1. Make notes about what happened, where and when. Include the name or badge number or description of the officer(s) if you can.
  2. Contact people who witnessed the incident. Ask them to write down what happened and give you a copy. They should include their name, address and phone number.
  3. If you were injured, go see a doctor to record your injuries. Tell the doctor what happened. Take pictures of your injuries.
  4. Complete and send in a complaint form to the Commission for Public Complaints Against the RCMP or to the Office of the Police Complaints Commissioner (BC). You can obtain complaint forms from the website of either of these agencies; see the Resource List for contact and website information.

What happens next[edit]

Your complaint will be investigated by a police officer. In minor cases, the investigator will contact you and attempt to resolve the complaint informally, sometimes by arranging an apology or explaining what had happened. In more serious cases, or where you say that you would prefer not to do informal resolution, the investigator will investigate the incident in depth. You will be provided with a report of what happened.

Most complaints in British Columbia are not substantiated, which means the complainant’s version of events is not accepted, or the conduct complained about is legal under Canadian law.

In the case of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a Request for Complaint Review to the Chair of the Commission for Public Complaints Against the RCMP. The Chair may deny your request, order a further investigation or, in very serious cases, order a public hearing.

In the case of municipal forces, if you are not satisfied with the informal resolution or the investigator’s report, you can send a letter to the Office of the Police Complaints Commissioner (BC) asking for a review. The Commissioner will review the investigation and may order further investigation.

Where to get help[edit]

See the Resource List for a list of helpful resources. Your best bets are:

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by David Eby, January 2013.


Creativecommonssmall.png

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.