5,109
edits
Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
Jump to navigation
Jump to search
Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 02:08, 7 August 2020
, 02:08, 7 August 2020→2. Civil Proceedings
| Line 179: | Line 179: | ||
EXAMPLE: An action brought by a complainant named John Smith could read “John Smith vs City of Vancouver, Constable Jane Doe, and Constable Richard Roe.” | EXAMPLE: An action brought by a complainant named John Smith could read “John Smith vs City of Vancouver, Constable Jane Doe, and Constable Richard Roe.” | ||
''NOTE:''' If the complaint is against a municipal police force, ''special limitation periods'' apply. The municipality must be informed by notice letter to sue within '''60 days''' ('''NOTE:''' filing a police complaint does '''not''' constitute notifying the municipality), and the notice of claim should be filed within '''2 years''' of the incident (see ''[https://www.canlii.org/en/bc/bcca/doc/2002/2002bcca61/2002bcca61.html?resultIndex=1 Gringmuth v The Corporation of the District of North Vancouver]'', 2002 BCCA 61). The regular Small Claims Court limitation periods apply if you are suing the RCMP or a private security guard. | ''NOTE:''' If the complaint is against a municipal police force, ''special limitation periods'' apply. The municipality must be informed by notice letter to sue within '''60 days''' ('''NOTE:''' filing a police complaint does '''not''' constitute notifying the municipality), and the notice of claim should be filed within '''2 years''' of the incident (see ''[https://www.canlii.org/en/bc/bcca/doc/2002/2002bcca61/2002bcca61.html?resultIndex=1 Gringmuth v The Corporation of the District of North Vancouver]'', 2002 BCCA 61). The regular Small Claims Court limitation periods apply if you are suing the RCMP or a private security guard. | ||
'''NOTE:''' Even if a complainant has not sent a notice letter to the municipal government, the municipal government should still be named as a party. At trial, the claimant can argue they had a reasonable excuse for failing to deliver a notice letter to the city, and that the municipality has not been prejudiced by the failure to write the letter. | '''NOTE:''' Even if a complainant has not sent a notice letter to the municipal government, the municipal government should still be named as a party. At trial, the claimant can argue they had a reasonable excuse for failing to deliver a notice letter to the city, and that the municipality has not been prejudiced by the failure to write the letter. | ||