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Complaint Process
Submitting a complaint is the first step in the OPCC’s complaint process. The complaint process involves an investigation of your complaint and decisions by members of a municipal police department, the Police Complaint Commissioner, and in some cases, a retired judge. The process will involve you (the complainant), the police officer(s), their department and the OPCC.
This flowchart outlines the complaint process from start to finish. Decisions are made along the way and you will be kept informed of those decisions.
You have a variety of ways to submit a complaint: via our website, email, phone, in person or by mail. Find more information on how to submit a complaint .
If a complaint is admissible it means it was accepted for investigation in whole or in part. If all or part of your complaint is admissible, we will send you a letter confirming that the police department will investigate and that an OPCC Investigative Analyst has been assigned to your complaint.
If your complaint is inadmissible this means that it was not accepted for investigation, and you will receive a letter explaining our decision.
When deciding on admissibility, we must ensure that your complaint meets three criteria before forwarding it for investigation. The complaint must:
- meet the definition of police misconduct under the Police Act section 77
- not be frivolous or vexatious (be reasonable and made in good faith), and
- be filed within one year of the incident.
The Police Complaint Commissioner may extend the one-year time limit if there are good reasons and it is in the public interest.
If the complaint identifies issues about police department services or policies, we may send it to the department’s Police Board for processing as a Service or Policy Complaint under the Police Act.
Complaint Resolution is an alternative dispute resolution process which is different from a formal investigation. The main goal of Complaint Resolution is to give you and the police officer(s) an opportunity to share your views, find common ground, and come to an agreement. A trained senior member of the police department will facilitate the resolution process. An OPCC Investigative Analyst will contact you to explain the process. We may recommend your complaint for the Complaint Resolution process, if you agree to this option.
The OPCC reviews all Complaint Resolution Agreements to ensure they are meaningful and address the issues raised. You will be advised of the Police Complaint Commissioner’s decision to approve or reject the agreement. If the agreement is approved, you will get a letter that confirms the complaint file is closed. If the agreement is not approved, you will get a letter explaining the decision and your complaint will go on to a Formal Investigation. In either case, an OPCC Investigative Analyst contacts all complainants to get feedback on the process.
Once the OPCC decides your complaint is admissible and needs a Formal Investigation, it will instruct either the identified police department or, if considered necessary, another police department to conduct the investigation. The police department will assign a Professional Standards Investigator to gather information about the complaint and conduct interviews.
The Professional Standards Investigator will likely contact you for more details. We strongly encourage you to cooperate with them as it allows for a balanced and thorough investigation. If there are any barriers to participating, please let us know. If you have any information (emails, videos, texts) or documents that would help, please provide them.
An OPCC Investigative Analyst also independently oversees the investigation. The Investigative Analyst continuously reviews the process, evidence, and materials. They may give advice to the Professional Standards Investigator about the investigation into your complaint. The Analyst assigned to your complaint will keep you informed about the progress and answer your questions.
The Professional Standards Investigator must provide the OPCC with regular written investigation progress reports, and we will send you copies of those reports. They must also produce any record relating to the investigation for our review.
A complaint investigation must be completed within six months of the starting date, unless the Police Complaint Commissioner gives an extension.
Once an investigation is complete, a Final Investigation Report is submitted to the OPCC and the Discipline Authority (usually the chief constable or a senior officer from the department involved in the complaint). A Final Investigation Report is a summary of the steps taken in the investigation and the information gathered by the investigator. You will receive a copy of this report.
We will review the investigation to ensure it is thorough, professional, and complete. We can ask for more investigative steps to be taken by the investigator, if necessary. At any time after receiving a Final Investigation Report, if the Police Complaint Commissioner decides it is in the public interest, the Police Complaint Commissioner may call a Public Hearing.
Once the investigation is found to be complete, a decision will be made by the Discipline Authority.
After receiving the Final Investigation Report, the Discipline Authority has 20 business days to issue their decision about whether the police officer appears to have committed misconduct. You will receive a copy of their decision and the Final Investigation Report. Please ensure the OPCC and the police department have your current contact information. This decision will be reviewed by the OPCC and other processes may follow.
If a complaint was not substantiated, it means that the Discipline Authority decided that no misconduct was found or proven. You may request a review of this decision if you disagree. This request must be sent to the OPCC office in writing within 10 business days of receiving the Final Investigation Report and Discipline Authority decision.
We review all decisions made by the Discipline Authority, even if a complainant does not send in a file review request.
If a complaint is substantiated, it means that the Discipline Authority decided that misconduct appears to have happened. Once decided, the matter goes to a disciplinary process, either a Pre-hearing Conference or a Discipline Proceeding. These are not open to the public.
Complainants can make written or oral submissions (or both) to the Discipline Authority about the complaint, the investigation quality, and the discipline or action chosen.
If your complaint was not substantiated, you may request a review of the Discipline Authority’s decision by a retired judge. Your request must be sent to the OPCC office in writing within 10 business days of receiving the Final Investigation Report and the Discipline Authority’s decision.
We review all decisions made by a Discipline Authority to not substantiate complaint allegations, even if a complainant does not send in a request.
If we agree with the Discipline Authority’s decision that there was no misconduct, you will receive a letter explaining why it will not be reviewed further.
If we disagree with the Discipline Authority’s decision of no misconduct, the Police Complaint Commissioner can appoint a retired judge to independently review it and make a decision.
If we agree with the Discipline Authority’s finding of no misconduct, you will receive a letter explaining why it will not be reviewed further.
If we disagree with the Discipline Authority’s decision of no misconduct, the Police Complaint Commissioner can appoint a retired judge to independently review it and make a decision.
If your complaint is substantiated, a Pre-hearing Conference may be held to discuss the police officer's acceptance of responsibility for the misconduct and the next steps. At the Pre-hearing Conference, a chief constable, deputy chief constable, or senior officer will meet with the police officer named in the complaint. They will work out an agreement on appropriate disciplinary or corrective measures. If no agreement can be reached at this stage, the matter moves to a Discipline Proceeding.
The OPCC also reviews any disciplinary and corrective measures agreed to at the conference stage to make sure they are appropriate.
At a Discipline Proceeding, the Discipline Authority listens to evidence from the Professional Standards Investigator and the police officer. They may also hear from approved witnesses if requested by the police officer named in the complaint. The Discipline Authority decides if the misconduct allegation is proven and if so, proposes disciplinary or corrective measures. You have the right to make written or oral submissions (or both) to the Discipline Authority about your complaint, the quality of the investigation, and what you think are appropriate disciplinary or corrective measures needed.
The OPCC must agree to all corrective or disciplinary measures. If discipline is agreed on and confirmed, we will send you a letter about the decision.
If we reject the disciplinary or corrective measures after a Pre-hearing Conference, the matter will move to a Discipline Proceeding. If we reject the disciplinary or corrective measures following a Discipline Proceeding, we can appoint a retired judge to review it and select the appropriate measures.
The Police Act states measures that educate and correct the member’s behaviour have priority, unless they are unworkable or would damage the reputation of the police discipline process.
If we agree with the Discipline Authority’s decision, you will receive a letter of confirmation.
If we disagree, the Police Complaint Commissioner can appoint a retired judge to conduct a paper review of the investigation and outcome (Review on the Record) or may call a Public Hearing. At any time after receiving a Final Investigation Report, the Commissioner may call a Public Hearing if the Commissioner decides it is in the public interest.
A Review on the Record is when a retired judge reviews the evidence and testimonies from the Final Investigation Report and the records from the Disciplinary Proceeding. Once reviewed they decide whether misconduct was proven and if so, impose appropriate disciplinary or corrective measures. The process and outcome are made public unless restrictions are imposed by the adjudicator.
A Public Hearing is a new hearing of evidence and testimony concerning the conduct of a police officer or former police officer. Witnesses may be called and be subject to examination and cross-examination. The hearing is not limited to the evidence and issues that were considered during the Discipline Proceeding. Public Hearings are open to the public and the media unless restrictions are imposed by the adjudicator.
Where appropriate, the Police Complaint Commissioner is a party to the matter being represented through Commission legal counsel.
Complainants and police officers also have a right to request the Police Complaint Commissioner appoint a retired judge to review decisions. This request must be made after the Discipline Proceeding and submitted within 20 business days of receiving the Discipline Authority’s decision.