Glossary of Common Terminology
Types of Investigations
Police Complaint (Registered Complaint)
These are public trust complaints about a police officer’s conduct or actions. Complaints can be filed by a person who is directly affected by, or who directly witnesses, the conduct or a third-party complainant (Part 11, Division 3 of the Police Act).
Ordered Investigation
The Commissioner can initiate investigations into a police officer’s conduct or actions, even if there is no complaint filed by the public. Police departments can also ask the Commissioner to initiate an investigation into the conduct of one of their police officers (Part 11, Division 3 of the Police Act).
Serious Harm (Mandatory External Investigation)
The OPCC must order a mandatory external investigation into any incident resulting in serious harm or death. These investigations are separate and distinct from investigations by the Independent Investigations Office (IIO) and are not restricted to evidence gathered by the IIO. These investigations will assess all of the circumstances including but not limited to, any training, policy considerations, or misconduct allegations (Part 11, Division 3 of the Police Act).
Internal Discipline
These investigations are conducted subject to each individual police department’s Internal Discipline rules. Pursuant to Division 6, the OPCC does not provide oversight into these investigations. These investigations involve matters concerning the conduct or deportment of a police officer that do not directly involve or affect the public. To qualify as Internal Discipline, the matter must not subject to an Admissible complaint or public trust investigation under Division 3 [Process Respecting Alleged Misconduct].
Breaches of Public Trust
Public Trust Offence, section 77(2)
On or off-duty conduct where the member has been convicted of an offence, which has or would likely render them unfit to do their duties or discredit the reputation of the municipal police department.
Abuse of Authority, section 77(3)(a)
On-duty conduct where a police officer engages in oppressive conduct towards a member of the public, which includes,
- Unlawful detentions or arrests
- Unlawful searches of a person, vehicle or residence
- Using excessive force
- Using profane, abusive or insulting language
Accessory to Misconduct, section 77(3)(b)
A police officer is an accessory to any of the allegations of misconduct described.
Corrupt Practice, section 77(3)(c)
A police officer abuses the powers they have been entrusted for personal gain, which includes,
- Failing to return or misappropriating any money or property received
- Agreeing or allowing to be under a pecuniary or other obligation to a person that would be seen to affect the police officer’s ability to properly perform the duties as a member
- Using or attempting to use their position as a police officer for personal gain
- Using or attempting to use any police equipment or facilities for purposes not related to their duties as a police officer
Damage to Police Property, section 77(3)(d)
Misusing, losing or damaging any police property or property that is in police custody. Also includes the failure to report any loss, destruction or damage to that property.
Damage to Property of Others, section 77(3)(e)
Damaging property belonging to a member of the public or failing to report such damage, regardless of how it was caused.
Deceit, section 77(3)(f)
Making a false or misleading oral or written statement, or entry in an official document or record. Also includes, destroying, mutilating, concealing all or part of an official record or altering, erasing or adding to an official record with the intent to deceive.
Discourtesy, section 77(3)(g)
On-duty conduct, where a police officer fails to behave with courtesy due in the circumstances towards a member of the public in the performance of duties as a member.
Discreditable Conduct, section 77(3)(h)
On- or off-duty conduct where the member conducts oneself in a manner that the member knows, or ought to know, would be likely to bring discredit on the municipal police department.
Improper Disclosure of Information, section 77(3)(i)
Disclosing or attempting to disclose information that is acquired by the member in the performance of duties as a member.
Improper Off-Duty Conduct, section 77(3)(j)
Off-duty conduct where a police officer asserts or purports to assert themselves as a police officer and conducts oneself in a manner that would constitute a disciplinary breach of trust had the police officer been on-duty.
Improper Use or Care of Firearms, section 77(3)(k)
Failure to use or care for a firearm in accordance with standards or requirements established by law. This includes negligent or unintentional discharges of a firearm or unsafe storage of a firearm.
Misuse of Intoxicants, section 77(3)(l)
Being unfit for duty owing to the effects of intoxicating liquor or any drug, or any combination of them. Also includes, accepting intoxicating liquor in a public place without proper authority.
Neglect of Duty, section 77(3)(m)
Failure to properly account for money or property received, promptly or diligently do anything that is in one’s duty as a member to do, or promptly and diligently obey a lawful order of a supervisor, without good and sufficient cause.
This includes,
- Failing to conduct an adequate investigation
- Inadequate notes or documentation
- Failing to provide Charter Rights
- Failing to provide police identification upon request
- Driving dangerously without lawful authority
- Failing to comply with department policies or regulations
- Failing to follow a supervisor’s lawful order