Difference between revisions of "Complaints Concerning Police Conduct (5:V)"

The Office of the Police Complaint Commissioner (“OPCC”) can order public hearings into matters involving misconduct by municipal police officers in British Columbia. After the investigation into the complaint has concluded, the complainant or the police officer may request a public hearing within 20 business days of receiving notice of the decision (''Police Act'', s 136(1)), or the OPCC may initiate a public hearing itself if a public hearing is necessary in the public interest (''Police Act'', s 138(1)(d)).  In ''[https://www.canlii.org/en/bc/bcca/doc/2013/2013bcca92/2013bcca92.html?autocompleteStr=Florkow%20v%20British%20Columbia%20(Police%20Complaint%20Commissioner)%2C%202013%20BCCA%2092&autocompletePos=1 Florkow v British Columbia (Police Complaint Commissioner)]'', 2013 BCCA 92, the BC Court of Appeal found that under the current ''Police Act'' the OPCC can only hold a public hearing after certain stages of the complaint process — after the discipline authority has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding.

In deciding whether such a hearing is necessary in the public interest, the Police Complaints Commissioner must consider all relevant factors, including: