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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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* 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]] | ||
}} | }} | ||
