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I Was Harassed or Assaulted by the Police (view source)

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{{Template:Legal Help Guide TOC}}You have two options in dealing with complaints about the police:  
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* use the police complaint process, or  
==What is improper police behaviour?==
* take direct legal action against the police by [[I need to take someone to court—what's the process?|suing in court]].
Examples of improper police behaviour include:
*using excessive force in the course of an arrest or investigation,
*arresting or detaining someone without reasonable grounds,
*obtaining a search warrant using false information,
*harassing or targeting members of the public for an improper reason, and
*driving recklessly or dangerously.


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.
==What are my options?==
You have at least three options. You could choose one or more of these:
*file a police complaint,
*file a lawsuit, and
*file a human rights complaint.  


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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.
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| tips = 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.  
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 ''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 ''human rights complaint'' is filed with the BC Human Rights Tribunal. The Tribunal is 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.
 
==When do I have to act?==
 
This depends on which option(s) you choose to pursue. For example:
*police complaints must normally be filed within ''12 months'' of the incident,
*lawsuits must normally be filed within ''2 years'' of the incident, and  
*human rights complaints must normally be filed within ''6 months (municipal police)'' or ''12 months (RCMP)'' 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."
 
==What should I do first?==
===Write down what happened===
Notes recorded right after the incident will support your credibility down the road. You should include the following details:
*date and time of the incident,
*what were you doing prior to the incident,
*who was involved, who witnessed the incident,
*the number and description of police officers involved,
*what happened during the incident, in as much detail as possible,
*who said what during the incident, and
*what happened after the incident.
 
===Preserve the evidence===
There might be evidence confirming what happened. 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, 
* photographs taken during the incident, 
* photographs of injuries taken after the incident, 
* badge numbers, business cards of officers involved, or
* any other items or documents related to the incident.
 
===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 advise. Fill any prescriptions right away. Return for a follow-up appointment as early as possible.


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


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]].  
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].  


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 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 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.
Many municipalities have their own police force, such as Vancouver, West Vancouver, New Westminster, Delta, Abbotsford, Port Moody, Victoria, Saanich, and Nelson. 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 be about an individual officer’s conduct or more general policing policies. Complaints can be filed online or by fax or regular mail.


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.  
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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== First steps ==
==What happens next==
#Make notes about what happened, where and when. Include the name or badge number or description of the officer(s) if you can.
Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> 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.
#<span class="noglossary">Contact</span> 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.
 
#If you were injured, go see a doctor to record your injuries. Tell the doctor what happened. Take pictures of your injuries.  
In no case will you be awarded a sum of money as a result of your police complaint. At best, your complaint will be “substantiated”, or found to be warranted, and appropriate remedial action will be recommended, such as discipline or an amendment to policing policy.
#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 Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information.
 
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 determined to have been appropriate in the circumstances.
 
In involving one or more members of the RCMP, if you are not satisfied with the informal resolution or the investigator’s report, you can submit a [https://www.crcc-ccetp.gc.ca/en/request-review Request for Complaint Review] to the Chair of the CRCC. The Chair may deny your request, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> 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 <span class="noglossary">will</span> review the investigation and may <span class="noglossary">order</span> further investigation.
 
==How to start a lawsuit==
 
Police Complaints Commissioner (BC)If you believe you have been harmed by a police officer that was acting improperly you have the option of starting a lawsuit. This can be done in one of two courts: Provincial (Small Claims) Court (“Small Claims Court”) or in the Supreme Court. In either court, the only possible outcome is an award of money.
 
===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.
 
However, a lawsuit is often the best option. Where you have suffered financial losses or injuries involving pain, disfigurement or disability, a lawsuit is the only option that will provide you with compensation for those losses. 
 
You should be aware that information about lawsuits is publicly available. Some people choose not to commence a lawsuit in the interest of preserving their privacy.
 
===Choosing the correct court===
There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court:
 
====Small Claims Court====
* simple procedures meant to be accessible to the public,
* no lawyers required,
* less time to mediation and trial,
* judgments for damages limited to a maximum of $25,000, and
* no awards for legal costs (this could be an incentive or disincentive).


== What happens next ==
====Supreme Court====
* no limit on the possible award for damages, 
* partial legal costs usually awarded to successful party (again, could be an incentive or disincentive), 
* many procedural steps, a lawyer is not necessary but is desirable, and 
* timely and costly.


Your complaint <span class="noglossary">will</span> be investigated by a police officer. In <span class="noglossary">minor</span> cases, the investigator <span class="noglossary">will</span> <span class="noglossary">contact</span> 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.  
Whatever court you choose, be aware the police will be represented by lawyers.
 
===How to commence your lawsuit===
You may commence a lawsuit by filing a “Notice of Civil Claim” with either the Small Claims Court or Supreme Court registry. You must name the appropriate defendant(s) and describe the most important facts about the incident that lead to your harm. You should file the claim in the court registry closest to where the incident took place.  
 
The appropriate defendant to name in cases involving the RCMP is “Her Majesty the Queen in Right of the Province of British Columbia.” While the RCMP is a federal policing agency, it is contracted to the Province of British Columbia to perform policing services. Typically, a lawyer from the Federal Government (Department of Justice) will be assigned to defend the claim.
 
The appropriate defendant to name in cases involving municipal police officers 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 – it is not a legal entity capable of being sued.
 
You should not name individual officers as defendants except in the most egregious cases of misconduct.
 
===What happens next?===
There are many procedural steps that must be following in any lawsuit; these are outside the scope of this article. The most important step after filing your lawsuit with the appropriate court registry is “serving” it on the defendant.
 
Once you have filed your Notice of Civil Claim, you should deliver it by Registered Mail to the defendant. In cases involving the RCMP (where you will have named Her Majesty the Queen in Right of the Province of British Columbia as the defendant) you should use the following address:
 
<blockquote>
Her Majesty the Queen in Right of the Province of BC
Attorney General and Minister of Justice
PO BOX 9044 Stn Prov Govt
Victoria BC V8W 9E2
</blockquote>
 
In cases involving a municipal police department (where you will have named the municipality as a defendant) you should deliver your filed Notice of Civil Claim to the municipality’s general delivery address. For example, in cases involving the Vancouver Police Department (where you will have sued the City of Vancouver) you would deliver your filed Notice of Civil Claim to the following address:
 
<blockquote>
City of Vancouver
453 West 12th Ave.
Vancouver, B.C.  V5Y 1V4
Attention:  City Clerk
</blockquote>
 
For cases filed in Supreme Court, the defendant has 21 days from the date served to file a Response to Civil Claim. For cases filed in Small Claims Court, the defendant has 14 days from the date served.  


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.
==How to file a human rights complaint==
If you believe you have been discriminated against by a police officer you should consider filing a human rights complaint.  


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, <span class="noglossary">order</span> a further investigation or, in very serious cases, <span class="noglossary">order</span> a public hearing.
If the incident involved municipal police officers you must file your complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] ("BCHRT"). The BCHRT is an independent body responsible for dealing with complaints of discrimination pursuant to the [http://canlii.ca/t/843q BC Human Rights Code]. The Human Rights Code prohibits a variety of discriminatory conduct including where a police officer treats a person differently or denies a service regularly available because of that person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person.


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 <span class="noglossary">order</span> further investigation.
If the incident involved RCMP officer you must file your complaint with the [http://www.chrc-ccdp.ca/eng Canadian Human Rights Commission] (“CHRC”). The CHRC administers complaints under the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. The Act prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.


== Where to get help ==
For more information on filing a human rights complaint with either the BCHRT or the CHRC, please review the resources below. 


==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:
*[[Commission for Public Complaints Against the RCMP]].
 
*Office of the [[Police Complaints Commissioner (BC)]].
*[[Civilian Review and Complaints Commission for the RCMP]]
*[[BC Civil Liberties Association]], [[Community Legal Assistance Society]].
*Office of the [[Police Complaints Commissioner (BC)]]
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[BC Civil Liberties Association]]
*[http://www.clicklaw.bc.ca/resource/2163 How to Sue the Police and Private Security in Small Claims Court]
*[[Community Legal Assistance Society]]
*[http://www.bchrc.net/ BC Human Rights Clinic]
*[[Access Pro Bono]]
*[http://www.pivotlegal.org/ Pivot Legal Society]
*[[Lawyer Referral Service]]
*[[Private Bar Lawyers|private bar lawyers]]
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."
*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 = [[David Eby]], January 2013}}
{{REVIEWED | reviewer = [[Neil Chantler]], December 2015}}


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