NEWS RELEASE

For Immediate Release 2009PSSG0017-000355 September 17, 2009

Ministry of Public Safety and Solicitor General

 

STRENGTHENED POLICE COMPLAINT PROCESS INTRODUCED

 

VICTORIA – Legislative changes that will make it easier for the public to file complaints against municipal police, investigators to process them thoroughly and the province’s independent police complaint commissioner to oversee the entire process as it progresses, were introduced today by Solicitor General Kash Heed in the Police Amendment Act.

 

            “While this legislation is new, the scrutiny it reflects and responds to is not. Police accountability is the theme of Judge Joe Wood’s review of B.C.’s complaint process, but it is also reflected in the recent Braidwood commission report,” said Heed. “That’s why this legislation paves the way for broad, independent oversight by B.C.’s police complaint commissioner, which means he will oversee complaint handling from the time it is submitted – and provide advice and direction throughout to ensure the public interest is protected.”

 

            The proposed changes strengthen accountability and transparency by:

 

·          Strengthening the oversight powers of the Office of the Police Complaint Commissioner (OPCC) to ensure serious complaints, like those involving death or serious injury, are properly investigated and resolved by enabling the OPCC to oversee complaints as municipal police investigate them, rather than afterwards.

·         Ordering municipal police officers under investigation 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.

·         Increasing maximum suspension without pay for misconduct to 30 days from five.

·         Compelling the OPCC to arrange a public hearing or review of the record in certain circumstances – for example, if the commissioner believes a police chief has erred in findings or applying discipline. Section 142 sets out how a retired judge will be appointed adjudicator for such a hearing or review. 

 

The Police Amendment Act was initially tabled earlier this spring and remains largely the same. However, there are some updates that reflect further consultation after the initial introduction of the bill, which include a provision to enhance the commissioner’s ability to work on the harmonization of the provincial and federal process when complaints cross jurisdictions. As well, the commissioner will be able to provide guidelines to municipal police in determining when an injury constitutes serious harm since the act requires serious injuries to be investigated by an external police agency.

 

 

 

 “We are proud of this legislation, which affects all of our municipal police,” said Heed. “Still, we can only expect equity and consistency in investigating all police complaints across B.C. if Ottawa moves forward with legislation for the RCMP that either allows for delegation of the RCMP complaint process to the Province or harmonization with our provincial process.” 

 

The act requires an audit to assess how well the new process works, with a report due by Jan. 1, 2013.

 

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A backgrounder follows.

 

Contact:

Public Safety and Solicitor General Public Affairs 250 356-6961

For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at www.gov.bc.ca.

 

 

BACKGROUNDER

 

September 17, 2009                                                 Ministry of Public Safety and Solicitor General

 

The Province has re-introduced amendments to the Police Act to ensure effective oversight of and public confidence in the municipal police complaint process and B.C.’s municipal forces, which serve jurisdictions that are home to about one-quarter of B.C.’s population. The RCMP, which polices the rest of the province, is covered by a separate, federal complaint process.

 

Amendments to the act cover aspects of the Office of the Police Complaint Commissioner (OPCC), the complaints process and the duties of parties to it. Specific sections address police misconduct, complaint filing, investigations, discipline, informal resolution and mediation, contemporaneous monitoring of investigations by the PCC, and reviewing decisions.

 

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

 

Complainants:

 

·             Will gain, at the discretion of the OPCC, 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 OPCC:

 

·             Will oversee police complaint investigations and disciplinary outcomes as they proceed, to ensure the public interest is protected. The OPCC 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 OPCC. 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.

·             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 OPCC believes a finding of misconduct was incorrect or disciplinary measures were incorrectly applied.

·             Will have increased discretion to provide appropriate information to a third party whose complaint has been replaced by the complaint of a directly affected person. 

 

 

Investigating officers:

 

·             Will be required to report to the OPCC 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:

 

·             Who have retired or resigned will now be subject to the complaint process.

·             Will have a duty to co-operate with the OPCC.

 

Other notable sections of the new act include the following:

 

·             Under Section 117, the PCC may appoint a retired judge to review a police chief’s report if the PCC disagrees with its findings or no misconduct was substantiated. This option will further support the integrity of disciplinary decisions.

·             Section 118 requires a police chief to convene a discipline proceeding within 40 business days of receiving a final investigation report.

·             Under Section 137, police officers will be entitled to a review on the record or a public hearing if the police chief proposes dismissal or reduction in rank.

 

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Contact:          Public Safety and Solicitor General

Public Affairs

250 356-6961

 

For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at www.gov.bc.ca.