Police – FAQ
The OPCC has issued Guidelines to departments that outlines their requirements under the Police Act to receive and handle police complaints. Police departments must provide assistance to those who wish to file a complaint. The OPCC complaint form must be used and all complaints must be sent to the OPCC. Click here to review the Guidelines for receiving and handling of complaints issued by the Police Complaint Commissioner. Click here to review the Guideline for receiving and handling Service and Policy Complaints.
If a person does not want to file a complaint against a police officer but has a question or concern about their conduct or the operations of the department and the information provided does not contain an allegation of misconduct, this may be considered a Question/Concern. The OPCC has issued Guidelines to departments that outlines their requirements under the Police Act to process Questions/Concerns.
All Questions/Concerns must be filled out using the OPCC form and submitted to the OPCC within 10 business days. The OPCC reviews all Questions/Concerns to ensure the matter has been appropriately streamed and the department has followed up with the public’s Question/Concern.
No. The OPCC reviews all complaints to determine whether they meet the threshold of admissibility. In order for a complaint to be admissible, the complaint must:
- Contain an allegation of conduct, that, if substantiated, would constitute misconduct as defined by the Police Act;
- Be filed within one year of the occurrence, except in cases where the Commissioner grants an extension (there are good reasons for doing so and the extension is not contrary to the public interest); and
- Not be frivolous or vexatious.
Once the OPCC determines that a complaint is admissible, the Chief Constable of the department is responsible for notifying the police officer that a complaint has been made and specific the nature of the complaint and the name of the complainant.
This is a process that Complainants and Respondent Officers can engage in to resolve the complaint made. This involves coming to a meaningful resolution of the concerns brought forward by the Complainant and input from both parties. Complaint Resolution is not about who is right or wrong but about coming to an understanding of each other’s perspectives. Complaints resolved through Complaint Resolution will not show up on a member’s Service Record of Discipline.
One of the roles of a Discipline Authority is to determine whether there is sufficient evidence to support a finding of misconduct. The Discipline Authority is either the Chief Constable or his/her delegate.
The OPCC does not make any findings of misconduct but rather acts in a gatekeeping role. If the OPCC disagrees with the finding of a Discipline Authority, the Police Complaint Commissioner can appoint a retired judge to review the matter who will then be responsible for determining whether there is sufficient evidence to support a finding of misconduct.
Withdrawal: a complainant may withdraw their complaint at any time in the process.
Complaint Resolution: A complaint made by resolved through a resolution that is reached between the complainant and the respondent police officer.
Discontinued: The Police Complaint Commissioner has the discretion to discontinue an investigation it is determined that further investigation is neither necessary nor reasonably practicable, or if it is determined that the complaint is frivolous/vexatious or was made knowing the allegations were false or misleading.
Substantiated: If, following an investigation, the Discipline Authority determines there is sufficient evidence to support a finding a misconduct based on a balance of probabilities the matter will proceed to a Prehearing Conference or a Discipline Proceeding.
Not Substantiated: Following an investigation, the Discipline Authority may determine there is not sufficient evidence to support a finding of misconduct. This decision will be reviewed by the OPCC to determine whether there is a reasonable basis to believe the Discipline Authority’s decision is incorrect. If that is the case, the Police Complaint Commissioner may appoint a retired judge to review the matter and arrive at a decision.
A Respondent Police Officer will receive a copy of the Final Investigation Report (including all the records referenced in the Report) and the Discipline Authority’s Decision. The Complainant will also receive the Final Investigation Report and the Discipline Authority’s decision but they will not receive the records reference in the Report).
Yes. Under the Police Act, respondent officers can request further investigative steps be completed once they have received the Final Investigation Report and Discipline Authority’s decision. This request must be in writing and be made to the Discipline Authority within 10 business days of receiving the Final Investigation Report and Discipline Authority. The Discipline Authority will make the decision whether to approve these additional investigative steps.
Additional investigation can also be requested at the Discipline Proceeding stage.
If a matter goes to a Prehearing Conference, the Prehearing Conference Authority (Chief Constable, Deputy Chief Constable or a senior officer) is responsible for determining appropriate disciplinary/corrective measures to be imposed. The OPCC is responsible for approving the discipline proposed. If the OPCC does not confirm the discipline, the matter will go to a Discipline Proceeding.
If the matter goes to a Discipline Proceeding, the Discipline Authority will determine the appropriate disciplinary/corrective measures. If the OPCC disagrees with the measures proposed, the Police Complaint Commissioner can appoint a retired judge to make a determination on the matter.
Respondent members are entitled to a public hearing in these circumstances unless the Police Complaint Commissioner is satisfied that it is unnecessary to cross-examine witnesses or receive evidence that is not part of the disciplinary record, and that a public hearing is not required to preserve or restore public confidence in the investigation of misconduct and the administration of police discipline. If that the case, then the Police Complaint Commissioner will call a Review on the Record instead.
In cases of death or serious harm, the OPCC is mandated to direct that an external police agency conduct an investigation into the matter. The OPCC will immediately suspend this investigation under the Police Act while the IIO conducts their investigation.
Once the IIO completes their investigation and there are no criminal prosecutions arising from the IIO’s investigation, the OPCC will receive disclosure of the investigative materials to determine whether there are any allegations of misconduct that require further investigation under the Police Act.