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Difference between revisions of "I Was Harassed or Assaulted by the Police"
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I Was Harassed or Assaulted by the Police (view source)
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This section provides an overview of your legal options if you have been harassed or assaulted by the police, or if you are the victim of other types of improper police behaviour. | |||
==What is improper police behaviour?== | ==What is improper police behaviour?== | ||
Examples of improper police behaviour include: | Examples of improper police behaviour include: | ||
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==What are my options?== | ==What are my options?== | ||
You have at least three options. You could choose one or more of these: | You have at least three options. You could choose one or more of these: | ||
* | *a police complaint, | ||
* | *a lawsuit, and | ||
* | *a human rights complaint. | ||
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(s) to pursue. A lawyer can give you advice on which option(s) are appropriate. In some cases, it might be appropriate to | 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(s) to pursue. A lawyer can give you advice on which option(s) are most appropriate in your circumstances. In some cases, it might be appropriate to file a complaint or lawsuit in two or three of these forums. However, in cases where multiple proceedings have been commenced, the lawsuit will often be stalled pending the outcome of the police complaint or human rights complaint. | ||
:A ''police complaint'' may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. | :A ''police complaint'' refers to a complaint filed with the Office of the Police Complaint Commissioner (for cases involving a municipal police officer) or the Civilian Review and Complaints Commission for the RCMP. It may lead to an investigation of the officer’s conduct. You will be asked to give a statement. It might result in a recommendation for discipline of the officer(s) involved. It will not result in the payment of money for any injuries or harm you have suffered. | ||
:A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are rules and processes that must be followed. A lawsuit might lead to a settlement or judgment involving the payment of money. | :A ''lawsuit'' is filed with either the Provincial (Small Claims) Court or the Supreme Court of BC. There are special rules and processes that must be followed in either court. A lawsuit might lead to a settlement or judgment involving the payment of money. | ||
:A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money. | :A ''human rights complaint'' is filed with the BC or Canadian Human Rights Tribunal. These Tribunals are specialized to look into cases involving human rights abuses. A human rights complaint might lead to a settlement or judgment involving the payment of money. | ||
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*police complaints must normally be filed within ''12 months'' of the incident, | *police complaints must normally be filed within ''12 months'' of the incident, | ||
*lawsuits must normally be filed within ''2 years'' of the incident, and | *lawsuits must normally be filed within ''2 years'' of the incident, and | ||
*human rights complaints must normally be filed within | *human rights complaints must normally be filed within 12 months of the incident. | ||
It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods." | It is best to get your complaint or lawsuit filed as soon as possible. The time limits described above are called "limitation periods." | ||
NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months. If you do not provide the municipality with this information | NOTE: in cases involving municipal police departments there is a requirement to notify the municipality of the time, place and details of the incident within 2 months (see section 286 of the ''Local Government Act'', RSBC 2015, c 1, and section 294(2) of the ''Vancouver Charter'', SBC 1953, c 55). If you do not provide the municipality with this information your lawsuit may be dismissed on this basis, however, there are exceptions where a failure to provide notice will not be fatal to your claim. | ||
The following is a list of municipal police forces in British Columbia: | The following is a list of municipal police forces in British Columbia: | ||
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* Victoria/Esquimalt Police Department | * Victoria/Esquimalt Police Department | ||
* West Vancouver Police Department | * West Vancouver Police Department | ||
For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: | For example, the requirement to notify the City of Vancouver about an incident involving the Vancouver Police Department would be satisfied with the following letter: | ||
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==What should I do first?== | ==What should I do first?== | ||
===Write down what happened=== | ===Write down what happened=== | ||
Notes recorded right after the incident will support your credibility down the road. You should include the following | Notes recorded right after the incident will help you preserve the details of the incident and may support your credibility down the road. You should include the following information: | ||
*date and time of the incident, | *date and time of the incident, | ||
*what were you doing prior to the incident, | *what were you doing prior to the incident, | ||
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===Preserve the evidence=== | ===Preserve the evidence=== | ||
There might be evidence | There might be evidence that could be used to prove what happened in the incident. It is important to keep it in a safe place. You may need it later to prove your version of events. Evidence might include: | ||
* video/audio recordings of the incident, | * video/audio recordings of the incident, | ||
* photographs taken during the incident, | * photographs taken during the incident, | ||
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===Go to the hospital or your doctor=== | ===Go to the hospital or your doctor=== | ||
If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. | If you have been injured, get medical help. Tell a doctor what happened. Describe all of your injuries in detail. Follow the doctor’s advice. Fill any prescriptions right away. Return for a follow-up appointment as early as possible. Attend physiotherapy or specialists appointments if recommended. Get any recommended blood tests or imaging done right away. | ||
==How to file a police complaint== | ==How to file a police complaint== | ||
BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it to conclusion. | BC has two agencies that accept complaints about the police. One is for complaints against the Royal Canadian Mounted Police (RCMP). The other is for complaints against all other police forces, including municipal police forces. You do not need a lawyer to file a complaint, but a lawyer could help you prepare your complaint and follow it through to a conclusion. | ||
The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. | The RCMP have responsibility for policing most of rural BC, and some urban centers including Surrey, North Vancouver, Richmond, Burnaby, Chilliwack, Kelowna, Nanaimo, and Prince George. A full list of RCMP detachments in BC is available [http://www.rcmp-grc.gc.ca/detach/en/find/BC on the RCMP's website]. | ||
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If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. | If you have a complaint against one or more members of the RCMP you should file it with the [[Civilian Review and Complaints Commission for the RCMP]] ("CRCC"). Complaints can be filed online, or by telephone, fax, or regular mail. More information on how to file your complaint is found on the [http://www.crcc-ccetp.gc.ca/en/make-complaint Commission's website]. | ||
Many municipalities have their own police force, | Many municipalities have their own police force, as listed above. If you have a complaint against one or more members of a municipal police force, you should file it with BC’s Office of the Police Complaint Commissioner (“OPCC”). The OPCC 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. Complaints may focus on an officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail. | ||
If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. | If you are unsure whether the incident involved one or more members of the RCMP or a municipal police department you should file your complaint with both the CRCC and the OPCC. It is always better to file your complaint with one of these two agencies rather than the police department itself. Filing your complaint with the CRCC or OPCC will ensure your complaint follows the formal investigation process. | ||
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===Choosing whether or not to sue=== | ===Choosing whether or not to sue=== | ||
There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. | There are no straightforward lawsuits against the police, and success is never guaranteed. Lawsuits may take months or even years to reach a conclusion. You can expect the police to be represented by lawyers who will vigorously defend the case. Some lawsuits settle before trial, but these are rare and exceptional cases. | ||
Despite the challenges, a lawsuit is often the best option where you have suffered financial loss or injuries involving pain, disfigurement or disability as a result of police misconduct. It is often the only way to achieve compensation for those losses. You may achieve a sense of vindication or justice. A lawsuit will require the police to respond to the facts you present and the issues you raise. You will have the ability to compel production of the police file in relation to your case, and you will have the opportunity to examine the officers involved. | |||
You should be aware that | You should be aware that a lawsuit is a public process. The documents you file to commence the lawsuit will be available to anyone who searches the court registry. Other documents filed in the course of the lawsuit will normally be available to the public as well. The trial is open to the public, and the judge's decision or jury's verdict will be made public. Lawsuits against the police sometimes attract the attention of media. | ||
===How to commence your lawsuit=== | ===How to commence your lawsuit=== | ||
You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. | You can sue in one of two courts: BC Provincial Court's "Small Claims Court" or BC Supreme Court. In either court, the only possible outcome is an award of money. | ||
In brief, Small Claims Court is appropriate for claims up to $35,000, while the Supreme Court has no limit on the value of claims. Small Claims Court is a simpler, quicker process, and you might resolve your claim in approximately 12 months. The Supreme Court process is more complicated, and a resolution might take 24 months or longer. | |||
For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]]. | For more information on the choice of courts and the process for starting a lawsuit, see the chapter on [[I Need to Take Someone to Court]]. | ||
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====RCMP==== | ====RCMP==== | ||
The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP | The "defendant" means the person or agency you are suing. In cases involving the RCMP, the appropriate defendant is "Her Majesty the Queen in Right of the Province of British Columbia (Minister of Public Safety and Solicitor General)." While the RCMP provides policing services under contract for the Province of British Columbia, it is a federal policing agency. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim. Court documents such as the Notice of Civil Claim should be delivered by registered mail to: | ||
:Her Majesty the Queen in Right of the Province of BC | :Her Majesty the Queen in Right of the Province of BC | ||
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====Municipal police forces==== | ====Municipal police forces==== | ||
In a municipality with its own police force, the appropriate defendant is the municipality itself. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. | In a municipality with its own police force, the appropriate defendant is the municipality itself (see [http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section20 section 20 of the Police Act, RSBC 1996, c 367]. For example, if you wish to sue for damages caused by members of the Vancouver Police Department, you should name the "City of Vancouver" as a defendant. It is not proper to name the Vancouver Police Department because it is a department of the City, not itself a legal entity capable of being sued. | ||
For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: | For municipal police departments, court documents should be delivered to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department you would deliver your filed Notice of Civil Claim to the following address: | ||
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*Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]." | *Clicklaw for more resources listed under the common question "[http://www.clicklaw.bc.ca/question/commonquestion/1094 I was assaulted by police]." | ||
{{REVIEWED | reviewer = [[Neil Chantler]], | {{REVIEWED | reviewer = [[Neil Chantler]], May, 2020}} | ||
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{{Creative Commons for Legal Help Guide}} | {{Creative Commons for Legal Help Guide}} | ||
