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Misconduct Complaint

When the Office of the Police Complaint Commissioner deems a complaint to be admissible a copy is forwarded to the Professional Standards Section of the involved police department. A police investigator will notify the member by way of a Notice of Complaint/Initiation of Investigation unless the Police Complaint Commissioner or the Chief Constable believes to do so would jeopardize the integrity of the investigation. Should that occur, the member would be notified when the Police Complaint Commissioner or the Chief Constable or Chief deems appropriate.

Division 2 of Part 11 of the Police Act sets out the various types of conduct that, if proven, would constitute professional misconduct. The Act defines professional misconduct as follows:
"Public Trust Offence" is a conviction for an offence under the Criminal Code or of any provincial enactment, which does or is likely to: Render a member unfit to perform his or her duties as a police officer; or Discredit the reputation of the department with which the officer is employed.

Or, as per Section 77(1)(b) any conduct that is considered harassment, coercion or intimidation of anyone making a complaint, or hindering, delaying, obstructing or interfering with a Police Act investigation, is conduct that constitutes misconduct.

Any of the following conduct constitutes a disciplinary breach of public trust: Discreditable Conduct; Abuse of Authority; Improper Disclosure of Information; Accessory to Misconduct; Improper Off-Duty Conduct; Corrupt Practice; Improper Use or Care of Firearm; Damage to Police Property; Misuse of Intoxicants; Damage to Property of Others; Neglect of Duty; Deceit; Discourtesy. For a complete description of each category, please see s.77(3) of the Police Act.