POLICE COMPLAINT PROCESS, ACCOUNTABILITY STRENGTHENED

VICTORIA – A revised and expanded police complaint process will make it easier for the public to file complaints, investigators to process them thoroughly and the independent police complaint commissioner (PCC) to oversee the entire process as it progresses, Solicitor General John van Dongen said today as he introduced the amended Police Act.

“Broad, independent oversight is vital to maintaining public confidence in our police and is the major focus of this legislation,” said van Dongen. “It addresses or goes beyond nearly all of the recommendations in Judge Josiah Wood’s independent report on the police complaint process and will better balance and protect the interests of everyone involved.”

Under the new legislation, which applies to B.C.’s municipal police forces, complainants will gain more options and help in filing complaints. The police complaint commissioner will oversee complaint handling from the time of filing and provide advice or direction where necessary to ensure further investigative steps are taken. Notably, external investigations will be mandatory in cases involving the death or serious injury of a person in the care or custody of municipal police and in cases of complaints against police chiefs.

Highlights specific to parties involved in the complaint process are summarized below.

Complainants:

· Will gain, at the discretion of the PCC, more options for filing complaints. This will enable filing by persons with disabilities and marginalized individuals, including those who may be reluctant to sign a written complaint, making the process more accessible.

· After receiving a final report following an investigation, will have the right to make a further submission related to the complaint, the adequacy of the investigation or the appropriate range of discipline.

The PCC:

· Will oversee police complaint investigations and disciplinary outcomes as they proceed, to ensure the public interest is protected. The PCC will not conduct investigations.

· On receiving a complaint about alleged police misconduct, will decide if it is admissible and whether it warrants an external or internal investigation. Currently, a discipline authority – usually a police chief – decides the initial course of an investigation and may be overruled later by the PCC. This change will ensure complaints involving the public are not incorrectly characterized as internal complaints, and will remove a perception of bias on the part of discipline authorities from the process. It will also help to ensure timelier, appropriate investigations.

· Will have new software that enables him to monitor files in real time as they progress.

· May order an investigation to continue even if a complaint is withdrawn.

· May issue guidelines for resolving complaints through mediation and other informal means.

· May arrange for a public hearing or review on the record to examine a disciplinary decision under certain circumstances – for example, if the PCC believes a finding of misconduct was incorrect or disciplinary measures were incorrectly applied.

Investigating officers:

· Will be required to report to the PCC any information uncovered during an investigation that relates to possible misconduct by police officers not currently under investigation.

· Will be authorized to obtain evidence needed to conduct their investigation, including records and evidence at a municipal police station. The act will also require municipal police chiefs to take all reasonable steps to preserve evidence related to complaints.

· Will be authorized to get court orders if necessary to recover records and evidence from other locations.

Police officers under investigation:

· Will have to provide statements and submit to interviews by investigating officers within five days of a request. Those who refuse risk being charged under the act or found guilty of further misconduct, such as neglect of duty.

· Will, like all municipal officers, have a duty to co-operate with the PCC.

· Who have retired or resigned will no longer be able to escape the consequences of discipline for misconduct. Any discipline that would have been imposed on an active officer will be entered on the former officer’s service record.

To assess how well the new process works, the act will require an audit, with a report due by Jan. 1, 2013.

In August 2005, the ministry appointed Joe Wood, a then-retired B.C. Supreme Court and B.C. Court of Appeal Justice, to chair an extensive review of the province’s police complaint process. The Wood Report, released in February 2007, contained extensive recommendations to improve the process, prompting the first comprehensive rewrite of the act in more than a decade.

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1 backgrounder(s) attached.
Media contact:	Cindy Rose Public Affairs Bureau 250 356-6961

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