How To Initiate a Complaint Against the Edmonton Police Service and/or Security Guards

Transcription

1 Type of law: CIVIL LAW A 2015 Alberta Guide to the Law How To Initiate a Complaint Against the Edmonton Police Service and/or Security Guards Student Legal Services of Edmonton

2 COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only and is not meant as a replacement for professional legal advice. If you have a personal legal question that requires legal advice, please consult a lawyer. COPYRIGHT Copyright 2015, Student Legal Services of Edmonton. All rights reserved. Copying any material, in whole or in part, is prohibited unless prior consent has been obtained. Some material may be subject to copyright from an outside source and thus there may be different restrictions on the reproduction of this material. LIMITATION OF LIABILITY Student Legal Services of Edmonton is not liable for any loss or damage caused by an individual s reliance on information or material obtained from Student Legal Services of Edmonton. By accessing the information, individuals agree that any usage is at their own risk. INFORMATION AND OPINIONS In some instances, information obtained by Student Legal Services may have been provided by outside sources. Even with the high standards set by Student Legal Services of Edmonton, we accept no responsibility for the accuracy and reliability of the material. Opinions and Informations provided by third parties does not represent that of Student Legal Services of Edmonton. IMAGES Icons made by Freepik from Infographics sourced from Piktochart from

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4 HOW TO INITIATE A PUBLIC COMPLAINT AGAINST THE EDMONTON POLICE SERVICE BEFORE YOU START... 2 STARTING A COMPLAINT... 2 THE INVESTIGATION... 2 AFTER THE INVESTIGATION... 3 APPEALS... 3 LAYING A PRIVATE INFORMATION... 3 CIVIL SUITS... 4 REFERRAL NUMBERS... 5

5 HOW TO INITIATE A PUBLIC COMPLAINT AGAINST THE EDMONTON POLICE SERVICE AND SECURITY GUARDS IN ALBERTA This information only applies to complaints against the Edmonton Police Service. If the complaint is against the RCMP there is a different procedure that must be followed. BEFORE YOU START If you are thinking about launching a public complaint against the police, it is important to write down detailed notes of the incident as soon as possible after it happens. The complaint process often takes a long time to come to a resolution and detailed notes can help your memory when your testimony is necessary long after the incident. Be sure to provide all the circumstances of the incident, including who was involved, what happened, where the incident occurred and when (date and time) it took place. Any witnesses to the incident should also be contacted to provide detailed statements in writing. Witness statements should be taken individually, while the other witnesses are not present. It is essential that all the information in the statement is true and as accurate as possible. It is illegal to make a false report to the police. If there were any injuries as a result of the incident, you or the person who was injured should visit a doctor immediately after the incident. Clear pictures of any injuries should be taken as soon as possible. If the incident occurred outside of a night club, bar, or inside an establishment with closed circuit video recording, make the complaint immediately, point out that video evidence exists and request that it be saved. According to s. 43(11) of the Police Act, a complaint must be made within one year. This limitation period does not apply to any incident involving conduct that breached some law or regulation other than the Police Act, such as the Criminal Code of Canada. STARTING A COMPLAINT Some concerns about the Edmonton Police Service (EPS) may be resolved through the alternative dispute resolution process. To find out if your concern can be resolved this way contact the Professional Standards Branch of EPS at (780) If your concern can be addressed through the alternative dispute resolution process they may get information about the indicident from you and start the resolution process. If not they may have you start a written complaint. To begin the process of launching a public complaint against the police, the nature of the complaint must be outlined in writing, signed and addressed to the Chief of Police and delivered to any police station in the city of Edmonton or to the Police Commission Office. The complaint can also be faxed to either office. See below for the Address of the Chief of Police. Chief of Police Police Headquarters A Ave. Edmonton, AB T5H 0H7 Fax: The person making the complaint must provide their address, phone number, and address (if available). The issues being complained about must be clearly outlined in the written complaint. Anything left out will not be investigated. The date, time location and a detailed description of the incident that lead to the complaint should all be included in the complaint. The police have discretion in laying charges and the Professional Standards Branch will not 1

6 intervene in this process. So if you want another person to be charged with a criminal offence starting a complaint against the police will not force them to charge anyone, see the section on Laying a Private Information Legal assistance may be helpful in drafting a written complaint. Consider speaking with a lawyer when creating your written complaint. A complaint for conduct prohibited by the Police Act must be submitted a maximum of 1 year from the date of the incident leading to the complaint. Complaints submitted after more than 1 year will be dismissed. This limitation period does not apply to any incident involving conduct that breached a law or regulation other than the Police Act, such as the Criminal Code of Canada. So if the complaint has claimed criminal misconduct the 1-year limitation does not apply. THE INVESTIGATION After submitting the complaint a detective will contact the complainant (you) within 30 days to conduct an in-person interview. It is important that the entire interview be recorded to maintain an independent record of what was said. If the detective refuses to allow the interview to be recorded, the complainant should not agree to the interview. Again, legal assistance may be helpful in the interview process and the complainant may have their legal advisor (lawyer or agent) present at the interview to address any issue that may come up. After the interview with the complainant, the detective will ask the police officers involved in the incident to respond to the complaint. During the investigation process the Chief of Police has to report to the complainant every 45 days through a written letter with the status of the investigation. AFTER THE INVESTIGATION Once the investigation is complete, the complainant will receive letters with the outcome of the complaint. If any part of the investigation results in criminal charges being laid against a police officer, a letter will be sent outlining the criminal complaint. If criminal charges are laid, the investigation will come to an end and the criminal process will take over. If no criminal charges are laid or after the criminal process is over, the investigation continues to determine whether any violations of the Police Act have occurred. Once the investigation for violations of the Police Act is completed, a letter closing the complaint in relation to violations of the Police Act will be sent to the complainant. If violations are found, the Chief of Police may do one of two things. He or she can both end the matter without a hearing and give an official warning to the officer, or He or she can order that a disciplinary hearing be held. APPEALS If the complaint ends up being dismissed without the Chief of Police finding any violation, the complainant has 30 days to appeal to the Law Enforcement Review Board (LERB). The LERB is a tribunal that is independent of any police service and aims to provide fair hearings. The members of the LERB are appointed by the solicitor General and have the power to call witnesses and hear evidence under oath. The LERB will review the internal affairs file on the complaint and decide whether a hearing will be held. The LERB will also decide whether any new evidence will be considered in the hearing, if new evidence will be considered the person who made the complaint may be required to give evidence by testifying. The complainant will also receive a copy of the entire Internal Affairs file on his/her complaint before a LERB hearing is held. If after reviewing the file, the complainant changes his/her mind, the appeal can be abandoned. A legal advisor may be of assistance when deciding whether it is worthwhile to pursue the appeal, or if it will likely fail. 2

7 The proceedings of the LERB are similar to a courtroom trial. Although legal representation is not required, the complainant may have a lawyer present. The police service and the officer will always have a lawyer at LERB hearings. If the complaint was with regard to some aspect of EPS services or policies, the complaint would be made directly to the Chief of Police and the appeal would be to the Police Commission (as opposed to the LERB). LAYING A PRIVATE INFORMATION Another course of action that a complainant may take is laying a private Information. To lay a private Information the complainant must gather evidence that a criminal offence has occurred and present it before a judge or justice of the peace. After hearing the evidence presented by the complainant the judge or justice of the peace will decide if a summons should be issued for the accused. The Attorney General (the Crown), will review the information, and decide whether the crown will proceed with the prosecution and take over your private prosecution. The crown can decide to take over the private prosecution and can either proceed with or stay the charges. If there is insufficient information about Laying a private Information can also be done without launching a complaint. SECURITY GUARDS The process for making a complaint against a security guard is set out in The Security Services and Investigators Act Part 4. Any accusations of criminal activity by security guards should be directed to the police. A complaint can be made in writing to the security guard s employer within 90 days of an incident occurring. The complaint should include the details of the incident and the complainant s contact information. The employer can determine whether the complaint merits investigation and must provide the complainant with a written reason if they decide not to investigate within 30 days. If the employer does investigate, they must within 90 days provide the complainant with a written record of the outcome of the investigation. If the complainant is not satisfied with the employer s decision or the employer did not provide a decision, they can request in writing that the registrar review the decision or complaint. The request must be made within 30 days of receiving a notification of the employer s decision. The request should be sent to: Registrar, Security Services and Investigators Act Solicitor General and Ministry of Public Security 10th Floor, Street Edmonton, Alberta T5J 3W7 The request should indicate which points of the employer s decision the complainant disagrees with and reasons why they believe the employer was incorrect. The registrar will then decide whether they will investigate, and must provide the complainant a written reason for their decision within 30 days. If the registrar does investigate they must provide the complainant with the result of the investigation in writing within 90 days. If the complainant is not satisfied with the decision of the registrar they can appeal again to the Director of Law enforcement. The request should be in writing and must be submitted within 30 days of receiving notice of the decision of the registrar. Requests should be directed to: Director of Law Enforcement Solicitor General and Ministry of Public Security 10th Floor, Street Edmonton, Alberta T5J 3W7 3

8 CIVIL SUITS If you have suffered damage as a result of the actions of a police officer or security guard you may have a civil claim. This means you may be able to sue the police officer that caused you damage (injury to you or your property). If a civil suit is being considered as a potential course of action, it is important to keep in mind that there is a two-year limitation period to launch any civil action. You can initiate a civil suit with the help of a lawyer or by yourself. To initiate a civil claim you must get the appropriate forms either from the courthouse (visit the civil counter on either the queens bench or provincial court side of the courthouse), or from the Alberta Courts website Whether you file your claim in the Alberta provincial court or in the Alberta Court of Queen s Bench will depend on the amount that you are suing for. To initiate a civil claim you will need to fill out the civil claim form and have the filing fee ready when the form is submitted. The filling fee will depend on the amount that the claim is for. The clerk can waive filing fees for people who are unable to pay, the form for waiving a filing fee is available at You can also get this form from a court clerk. NOTE: complaints against the police can take some time to complete, so if you are considering a civil suit you may want to start the process while you are preparing your complaint to make sure you don t miss the two year limitation period. 4

9 MORE INFORMATION AND HELP Edmonton Police Commission Suite 171, Street Edmonton, AB T5J 3E9 Fax: Website: Edmonton Police Service - Chief of Police Police Headquarters A Ave Edmonton, AB T5H 0H7 Edmonton Police Service - Professional Standards Branch Lawyer Referral Service Referrals to up to 3 lawyers that may be able to help you (they will be able to speak to you for 30min for free and then will likely want to be hired and paid) Student Legal Services Ave. Edmonton, AB info@slsedmonton.com Website: Edmonton Community Legal Centre (website: Free legal information, free presentations on family law topics at the Stanley Milner library on Thursdays from 6:30-8:30pm, free family law advice for 30min after having attended a presentation if you make less than a certain amount. Provincial Court- Civil Website: albertacourts.ca/provincial-court/civil-small-claims-court Law Enforcement Review Board City Centre Place A Avenue Edmonton, AB T5J 2Z2 Fax: lerb@gov.ab.ca 5