Difference between revisions of "Complaints Against the Municipal Police"

If you are concerned about a '''municipal police officer’s conduct''', you have options, from filing a complaint to suing. Learn how the options differ, and the steps in filing a complaint.

==Understand your legal options==

Eleven municipalities in BC are policed by their own police force. Most are in the Lower Mainland (Vancouver, New Westminster, Delta, Port Moody, West Vancouver, and Abbotsford), and Greater Victoria (Victoria, Saanich, Central Saanich, and Oak Bay). Nelson also has their own police force.  

Other communities in BC are policed by the Royal Canadian Mounted Police. If you have a complaint about the RCMP, see our information on [[Complaints Against the RCMP (No. 220)|complaints against the RCMP (no. 220)]].

You may be concerned with the conduct of a police officer. You may feel they used excessive force in the course of an arrest or investigation. Or you were offended by something an officer said or did to you. Or the police damaged your property.  

# suing the police,  

# filing a human rights complaint, and  

Filing a police complaint might result in a recommendation for discipline of the officer involved. It will not result in the payment of money for any injuries or harm you have suffered.  

If a police officer injured you, damaged your property, or violated your rights, you may be able to '''sue''' the officer and the police force in civil court.  

A lawsuit is filed in either Small Claims Court or the Supreme Court of BC, depending on the amount of money sought. There are rules and processes that must be followed. Lawsuits must normally be filed within '''two years''' of the incident. See our information on [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]].

If you believe you have been discriminated against by a police officer, you can consider '''filing a human rights complaint'''.  

A human rights complaint against a member of a municipal police force is filed with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. The complaint must normally be filed within '''12 months''' of the incident.

If you believe a police officer committed a crime, you can pursue having '''criminal charges''' brought against the officer.  

The process starts with you raising your concerns with the police force involved. They will investigate. Their investigation could result in a '''report to Crown counsel''' (the prosecution office in BC) recommending criminal charges against the officer. A senior Crown prosecutor would decide whether to approve the charges.  

If the police don’t recommend charges, or the prosecutor decides not to charge the officer, you can go before a '''justice of the peace''' to ask that the officer be charged. For more on this process, see our information on [[Charging Someone with a Criminal Offence (No. 215)|charging someone with a criminal offence (no. 215)]].

If an incident involving a police officer results in death or serious harm, an independent body automatically investigates the incident. The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec38.02_smooth Police Act]'' requires the '''Independent Investigation Office''' to investigate to determine whether or not an officer may have committed an offence. An investigation is required whether the police officer was on-duty or off-duty at the time of the incident, and whether the officer works for a municipal police force or the RCMP.  

If the investigation concludes that an officer may have committed an offence, the Independent Investigation Office prepares a report to Crown counsel. For more on this process, see the office’s website at [http://iiobc.ca/ iiobc.ca].

If you have a complaint against a member of a municipal police force, you file it with BC’s Office of the '''Police Complaint Commissioner'''. The Commissioner is independent of government and the police. This office also accepts complaints relating to the transit police and the Stl'atl'imx Tribal Police. Complaints may be about an individual officer’s conduct or more general policing policies.  

* By filling out a complaint form on the Commissioner’s website at [https://opcc.bc.ca/make-a-complaint/ opcc.bc.ca].  

* By fax or mail, using the [https://opcc.bc.ca/wp-content/uploads/2018/04/Writable-registered-complaint-form-letter-3.pdf PDF complaint form] on the Commissioner’s website.

You can also get the complaint form from any of the municipal police forces in BC.  

You have '''one year''' after the incident to file a complaint. You can hire a lawyer to represent you, but you don’t have to.  

The Office of the Police Complaint Commissioner reviews the complaint. They first decide if it is '''admissible'''. The complaint must describe conduct that is defined as misconduct under the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-367/latest/rsbc-1996-c-367.html#sec77_smooth Police Act]'' and occurred in the last 12 months.

The Commissioner’s office then decides how to handle the complaint. The options include:  

* '''Informal resolution''': For less serious complaints, a '''facilitator''' can help resolve the conflict. This process is available only if both you and the police officer agree to it.

* '''Mediation''': In some cases, a trained '''mediator''' can meet with you and the police officer to help settle the complaint.

If you’re not satisfied with the result of the complaint resolution process or investigation, you can ask the Police Complaint Commissioner to do a '''further review'''. The Commissioner can appoint a retired judge to review the matter or arrange for a public hearing before a retired judge.  

In deciding on their approach to the review, the Commissioner considers the seriousness of the complaint, the harm suffered, and whether a public hearing is in the public interest.