Office of the Police Complaint Commissioner British Columbia, Canada

Transcription

1 Office of the Police omplaint ommissioner British olumbia, anada Fair Independent Principled VIA His Worship Mayor Gregor Robertson hair Vancouver Police Department Police Board 3rd Floor, ity Hall 453 West 12 th Avenue Vancouver, B V5Y 1V4 Dear Mayor Robertson: Re: Service or Policy omplaint Vancouver Police Department OP File No On December 1, 2015, the Office of the Police omplaint ommissioner (OP) received a complaint from outlining his concerns related to the Vancouver Police Department s (VPD) lack of policy relating to the handling and searching of First Nations medicine bags (also known as a medicine pouch). A medicine bag is considered to be sacred in the First Nations culture and feels that police did not treat the medicine bag with the proper respect. states that his medicine bag was opened and searched without his consent by a VPD police member when was arrested on September 3, stated that culturally the medicine bag can only be opened without the owner s consent by an Elder. felt his medicine bag should have been placed in a sealed plastic bag and subsequently opened and searched by an Elder retained by the VPD. stated that his leather medicine bag was placed on the roof of the police vehicle while it was raining and subsequently when it was returned to mold had formed, however he was able to clean the mold from it. feels the lack of understanding of the cultural significance of medicine bags by the VPD is disrespectful to himself and his First Nations culture. advised he had attempted to address this issue with the VPD; however he has been unsuccessful in arranging a meeting. did advise that orrections anada has procedures in place for the proper handling of medicine bags. OP ID th Floor, 947 Fort Street PO Box 9895 Stn Prov Govt Victoria, British olumbia V8W 9T8 Tel: (250) Fax: (250) Toll Free Website:

2 Page 2 OP The OP has contacted the VPD and have been advised there is no specific policy in place regarding the handling of First Nations medicine bags. The OP has determined there are no public trust aspects to this complaint. As you are aware, a service or policy complaint may include a complaint regarding the general direction and management or operation of a municipal police department. It may also include a complaint about the inadequacy or inappropriateness of a municipal police department s policies or internal procedures, training programs or resources, staffing or resource allocation, or the department s ability to respond to requests for assistance. Upon receiving a copy of the complaint, pursuant to section 171(1) of the Police Act, the board, having authority over the municipal police department to which the complaint relates, must promptly do one or more of the following: (a) Request that the chief constable of that municipal police department investigate and report on the complaint; (b) Initiate a study concerning the complaint; (c) Initiate an investigation into the complaint; (d) Dismiss the complaint with reasons; and/or (e) Take any other course of action the board considers necessary to respond adequately to the complaint. Pursuant to section 171(3) of the Act, within 20 business days after doing any of the things described in subsection (1)(a) to (e), the board must notify the omplainant, the Director of Police Services and the Police omplaint ommissioner regarding the course of action being taken. The Police omplaint ommissioner may request a status report from the board regarding the progress of an investigation or a study concerning a complaint under Division 5. The police board must send an explanation for actions taken by the board under section 171 (1) and if applicable, a detailed summary of the results of any investigation or study initiated to the omplainant, the Director of Police Services and the Police omplaint ommissioner. If the omplainant is dissatisfied with the board s actions, explanations, or results from the investigation or the summary of those results, that person may, within 20 business days of receiving the explanation or summary, request the Police omplaint ommissioner to review the matter. Office of the Police omplaint ommissioner British olumbia, anada

3 Page 3 OP Should you have any questions regarding the above or with respect to the Police Act process, please do not hesitate to contact me at (250) or by at info@opcc.bc.ca. Yours truly, Andrea Spindler Acting Deputy Police omplaint ommissioner Enclosure cc: hief onstable Adam Palmer Vancouver Police Department Office of the Police omplaint ommissioner British olumbia, anada

4 Office of the Police omplaint ommissioner orriplaint Forrn If you wish to file a complaint concerning an officer with a municipal police department, please complete the form below. Please fill in as much information as possible and additional pages may be attached if required. If you require assistance, someone is available to help you. What you should know: Registered omplaints Registered complaints are processed formally under the B Police Act. The complaint must contain allegations of police misconduct; not be frivolous or vexatious; and the incident must have occurred within 12 months of the filing of the complaint. If the Office of the Police omplaint ommissioner determines the complaint meets this criteria, you will be entitled to various rights under the Police Act, including: Participating in a mediation session or informal resolution Being kept informed of the progress of the investigation Receiving a final investigation report Given the opportunity to make submissions on the complaint, adequacy of the investigation, and what you feel are appropriate disciplinary or corrective measures If not satisfied with the outcome, the ability to appeal the decision Service or Policy omplaints omplaints about the policies or the services of a police organization are the responsibility of the department s police board. The board must advise the OP and the complainant of how the complaint was handled; including what course of action, if any, was taken and must provide a summary of the results of any investigation or study. The Police omplaint ommissioner cannot require a board to take any particular course of action regarding a Service or Policy complaint, but may make recommendations to the Board. If you would like further information about the Police Act complaint process please visit the OP website at or call Registered omplaint D Service or Policy omplaint D Your IetaiIs: Indicates tiiis information is required in order to process your complaint. Please be as precise as possible. Last Name: First Name: Title (eg. Mr): Mailing Address (or where you d like to be contacted): Date of Birth: Home telephone: Work telephone: ell phone: Address Details of theornptai.nt:.. When did the incident happen? - Where did the incident happen? t/2 z&!.%_l_l. Time it occurred? to. Name of the Police Department involved: Police File # (if known): Name or badge number of Officer(s) if known: Were there any witnesses? If so, please list their names and contact information (if known): -- Describe your injuries (if any): If you received treatment for your injuries: Where? When? Office of the Police omplaint ommissioner

5 Description of omplaint Please describe your complaint and the details of what occurred. If required, you may attach additional pages: 12 M{ f vv 1,--QZLT LZ ZL Page of aate signed y municipal police department or submitted directly to: 5th The Office of the Police omplaint ommissioner Floor, 947 Fort Street, P0 Box 9895 Stn Prov Govt, Victoria, B V8W 9T8 Website: Tel: Fax: A wide variety of support groups are available to assist you with the complaint process. For help finding the right support group for your needs, please call our office at and ask for the Support Group o-ordinator. A complete list of support groups is also available on our website. To be completed by the person receiving this complaint: I hereby acknowledge receipt of the above-noted complaint, Received on at } 5,e c)lect.; r :... } Agency receiving complaint: How was the complaint received? In person D By mail D By phone If received orally, contents of complaint read back to omplainant? Yes No opy of complaint acknowledging receipt provided to omplainant? Yes No Forwarded to OP: Date sent: By webmail On Line