• Types of Complaints
• Public Trust 
• Internal Discipline
• Service or Policy
• What is a Complaint?
• Receiving a Complaint 
• Summary Dismissal
• Informal Resolution
• Investigation Reports
• Suspension or Reassignment
• Proposed Measures / Prehearing Conference
• Public Hearing
• Change in  the Responsibility of the Board

Types of Complaints 

The Amended Act allows for three types of complaints: 

Public Trust; 
Internal Discipline, and 
Service or Policy 

Section 46 of the Act defines the complaints as follows: (Next 3 Sections) 

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A Public Trust complaint (or default) is defined as conduct that would, if proved, constitute a discipline default and that 

(a) is not a Public trust complaint, or 

A Service or Policy complaint means a complaint to the effect that one or more of the following are inadequate or inappropriate for or in relation to the conduct of a municipal police department: 

(a) its policies; 

(b) its procedures; 

(c) its standing orders; 

(d) its supervision and management controls; 

(e) its training programs and resources; 

(f) its staffing; 

(g) its resource allocation; 

(h) its procedures or resources that are available to permit it to respond to requests for assistance; (i) any other internal operational or procedural matter. 

The Police Board has direct responsibility for ensuring that these complaints are either investigated, studied, dismissed or dealt with otherwise. 
 
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What is a Complaint?

 

Complaint, means a complaint submitted under section 52 and includes a report made under section 65.1; 

In order for a complaint to be processed it must be received in writing, in the prescribed form, that being a record of Complaint Form1.

 

Complainant means the person who submitted a complaint under section 52 in relation to which a record of complaint is subsequently lodged under that section. 

Receiving a Complaint 

A complaint that is received in the prescribed form must be analyzed to characterize each element of the complaint. Each allegation must be evaluated to determine if it would, if proven, constitute a default. It is then characterized as either Public Trust, Internal Discipline or Service or Policy. An allegation can be characterized into more that one type of complaint. 

Once the complaint is characterized, the Police Complaint Commissioner, the respondent and the complainant are notified of the decision. The Police Complaint Commissioner will then review the decision and either confirm it, independently characterize it or request more information. If it is a Service or Policy complaint the Police Complaint Commissioner will notify the Police Board. The Discipline Authority will also notify the board of this type of complaint. 
 
 Section 63.1 

For a Service or Policy complaint the board must do one or more of the following: 

(a) request the Chief Constable to investigate and report on the complaint; 

(b) initiate a study, concerning the complaint, with or without the assistance of the director, the Ministry of the Attorney General or other public body;

(c) initiate an investigation into the complaint 

(d) dismiss the complaint with reasons; 

(e) take any other course the thought necessary to respond adequately to the complaint.

With in 30 days of initiating an action described above the board must notify the complainant, the director and the Police Complaint Commissioner of the course of action. 

The Police Complaint Commissioner may request status reports regarding the complaint. Any report sent to the Police Complaint Commissioner in response to this request, must also be sent to the complainant. 

The Police Complaint Commissioner may review, with or without a request from the complainant, any decision reached by the board in relation to a complaint. The Police Complaint Commissioner may order further action be taken. The Police Complaint Commissioner may also request that the director of Police Services take action or that an inquiry under the Inquiry Act be initiated by the Attorney general. 

If the matter is to be dealt with internally, we would follow our Internal Discipline Policy. The Code of Professional Conduct, which outlines the discipline defaults, can be used as a standard by which to compare conduct of a member. 

The Police Complaint Commissioner must be notified of any disposition of an Internal Discipline Complaint. 

An allegation may be dealt with as Internal Discipline if the Police Complaint Commissioner agrees with the decision of the discipline authority, in that the Police Complaint Commissioner did not order the matter investigated under Division 4, and: 

Section 64 (5)(b) 

i)the act or omission does not constitute a Public Trust default; 

ii) no Form 1 was submitted, or 

iii) a Form 1 was lodged, but since withdrawn and the discipline authority ceased to process the complaint as Public trust.

Public Trust complaints have a lengthy process that must be followed. 

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Summary Dismissal 

Upon receiving a complaint the Discipline Authority may summarily dismiss the complaint if: 

Section 54(1) 

• it is determined to be frivolous or vexatious;
• there is no reasonable likelihood that further investigation will produce evidence of a Public Trust default; 
• or the conduct, to the knowledge of the complainant, occurred more than twelve months prior to the complaint being lodged.

A complaint may also be dismissed if it is made in bad faith, in that it was made for an improper purpose and an improper act was done to further the complaint. 
 
 

Informal Resolution 

Section 54.1 

If a Public Trust complaint is not summarily dismissed, the Discipline Authority must decide whether or not the complaint is appropriate for an informal resolution. If it is, this must be attempted by asking the complaint and the respondent for their consent to an informal resolution. If an informal resolution is agreed to, the parties have 10 business days in which to reconsider their decision. They may withdraw their consent to the resolution in that time. If consent is not withdrawn, the agreed to resolution is final. 

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Investigation Reports  

Section 55 

If an informal resolution is not appropriate or can not be agreed to, the Discipline Authority must order an investigation. The investigation must commence within 45 days of receiving the Form 1. Any exception to this must be brought to the attention of the Police Complaint Commissioner with reasons. 

Section 56 

A progress report is submitted to the Police Complaint Commissioner, the respondent and the complainant 45 days after the investigation starts, and then every 30 days for the duration of the investigation. The investigation must be completed within 6 months. 

The Discipline Authority may request an external investigation if it is in the public interest to do so. The Police Complaint Commissioner may also order that the complaint be investigated externally. 

Upon completion of an investigation, the investigator submits a final investigation report to the Discipline Authority. This report will include findings, conclusions and recommendations. The recommendations may include that corrective or discipline measures be imposed, policy changes, that no action be taken as the default was not proven or any other action deemed appropriate. 
 
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Suspension or Reassignment 

Section 56.2 
 

(1)(a)The Discipline Authority may suspend or reassign a respondent during an investigation if the member has committed an offence under a federal of provincial statute, and 

• The member must be paid for the first 30 days of suspension.
• The board may opt to pay the member longer.
• The board may discontinue pay and allowances if the act or omission constitutes a criminal offence.

If the member is not found guilty of a federal or provincial offence, and no discipline or corrective action is taken against the member, the member must be reimbursed for any unpaid suspension. 
 
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Proposed Measures / Prehearing Conference 

The Discipline Authority reviews the investigation report and decides on the appropriate course of action. If the Discipline Authority decides that corrective or discipline measures are warranted, and that measure is lower than a reduction in rank, the Discipline Authority may offer a pre-hearing conference to the respondent. The pre-hearing conference is intended to give the respondent an opportunity explain any mitigating circumstances to render the conduct non-culpable, and / or to come to an agreement on the corrective or discipline measure to be imposed. If an agreement cannot be reached as to the corrective or discipline measure to be imposed, the Discipline Authority must order a discipline proceeding. 

For the purposes of a pre-hearing conference in which the proposed measure is lower than a suspension, the role of Discipline Authority shall be delegated to the Division Commander of the respondent involved. Should a successful outcome not be reached, the Chief Constable, or Deputy Chief Constable in his absence, will be available to be the Discipline Authority for a discipline proceeding. 
 
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Public Hearing   

If the respondent is not satisfied with the outcome of a discipline proceeding, he or she may request a public hearing from the Police Complaint Commissioner. One of the criteria in considering whether a public hearing is warranted, is that the proposed measure must be higher than a verbal reprimand. 

If the complainant is not satisfied with the disposition of a discipline proceeding, he or she may request that the Police Complaint Commissioner review the matter and order a public hearing. The Police Complaint Commissioner, upon reviewing the case, may or may not order a public hearing. Whatever his decision, it is final. 

A public hearing that is ordered by the Police Complaint Commissioner is held in provincial court. The proceeding is presided over by a provincial court judge. The Police Complaint Commissioner will appoint Commission Counsel to present the case. The commission counsel is responsible for calling any witnesses. Both the respondent and complainant may make oral or written submissions. The respondent may cross-examine any witnesses. 

A civil standard of proof is used to determine whether the default has been proven. The more serious the matter, the higher the burden required. 

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 Change in  the Responsibility of the Board 

• The Police Board no longer has responsibility to hold a public hearing. 
• The complainant no longer has an absolute right to a public hearing.
• Grounds for appeal are limited to points of law.

There is no appeal process to challenge a decision made by the Police Complaint Commissioner.