Public Complaints About Police

Agenda Background Overview of Complaints Process Investigations OIPRD Powers Police Services Boards CSR and Mediation Questions

Office of the Independent Police Review Director Arm s-length body within the Ministry of the Attorney General The Director is independent of the government, the police and the public The Independent Police Review Act, 2007, was passed in May 2007, which establishes the Independent Police Review Director The legislation was proclaimed on October 19, 2009, and the OIPRD officially opened its doors to the public on that day.

OIPRD o The Director is appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General o He or she cannot be a police officer or former police officer o The chief of police or Commissioner of the OPP retains the responsibility for disciplinary hearings and the imposition of discipline

IPRD o Gerry McNeilly, appointed in June 2008 o o Lawyer, served as Justice of the Peace, and Deputy Judge Executive Director of Legal Aid Manitoba for nine years before being appointed as IPRD o Four years as Chair of the Board of Inquiry for the Human Rights Tribunal now known as HRTO

The First Six Years o More than 20,500 complaints about 3,000 per year o Complaints received between Apr. 1, 2014 Mar. 31, 2015: 2,926 o Major themes include discreditable conduct, neglect of duty, and unlawful or unnecessary exercise of authority or force

Who Do We Accept Complaints About? o Police officers as defined in the Police Services Act, includes: municipal, regional, provincial o Excludes: special constables, First Nations Constables, or civilian members etc. o A police service [the policies of, or services provided by the police service] o A chief of police or deputy chief of police o OPP Commissioner or deputy commissioner

Who can make a complaint? o Any member of the public can make a complaint and they do not have to be a resident of Ontario o Exceptions: Officers same service OIPRD staff Police services board members same service

Criteria for Making a Public Complaint o Directly affected person o A witness o A person in a personal relationship with the directly affected person AND you suffered loss, damage, distress, danger, or inconvenience o A person who has knowledge of the conduct, or has possession or control of anything, that the Director feels constitutes compelling evidence establishing misconduct or unsatisfactory work performance

Screening Process A complaint may be dismissed by the OIPRD under section (60) if it is determined: To be frivolous, vexatious or made in bad faith The complaint could be dealt with more appropriately under a different act of law It is not in the public interest to deal with the complaint Complaints should be filed within six months of the incident* *Exceptions include: youth under 16, persons with a disability, criminal case in relation to the incident

o o Complaints Screened Out Over six months: Complaints must be made within six months of the incident Prior to proclamation: The OIPRD can only deal with complaints about incidents that have happened on or after October 19, 2009 o o Better dealt with under another act/law: For example a complaint that is more about a human rights issue, or someone who complains they should not have received a traffic ticket Vexatious: A vexatious complaint may be one that is made out of anger or the desire to seek retribution o o o No jurisdiction: The officer the complaint is about does not fall under the jurisdiction of the OIPRD or the complainant is excluded from filing a complaint Third party criteria not met: Complainant is too remote from the incident Bad faith: There is clear evidence that the complaint was made for an improper purpose or with a hidden motive, or with the intention of deceiving the OIPRD or police services o o Frivolous: A complaint that is trivial, lacks an air of reality or may assign blame where there is none Not in the public interest: When we determine what is in the public interest, we take a broad range of things into consideration, including: The effect of a decision to deal or not to deal with a complaint on the public s confidence in the accountability and integrity of the complaints system The number of complainants involved, significance of the complaint, if there are issues of systemic importance or broader public interest at stake

Part V Public Complaints Process Formal Public Complaint Office of the Independent Police Review Director Reviews, Screens, and Delegates ALL Complaints Customer Service Resolution Referred for investigation Screened Out - No Further Action Retained for investigation Investigation by same service or other service Chief for Disposition Unsubstantiated Substantiated Informal Resolution (via Mediation) Investigation by OIPRD Director for Disposition Substantiated Unsubstantiated Serious Less Serious Less Serious Serious Request OIPRD Review Informal Discipline Confirm Direct Chief Disciplinary Hearing Appeal to OCPC

Serious vs. Less Serious Complaints Harassment Discrimination Serious Less Serious Dealing with personal property, other than money or a firearm Failure to treat or protect a person equally Breach of Confidentiality Deceit Unnecessary exercise of authority (use of force, unlawful arrest) The use of profane language Contraventions of the Act or regulations Acting in a disorderly manner Neglect of duty Failure to work in accordance with orders Failure to report a matter Improper dress or appearance Conspiring and abetting misconduct Omitting to make any necessary entry in a record *Note: These are just examples, each complaint is reviewed on a case-bycase basis and a determination will be made based on the circumstances of the individual complaint. This is not an exhaustive list.

Serious vs. Less Serious Complaints o Has the conduct of the officer called into question the integrity, trust, or public confidence in police services? o Does the officer s conduct violate community standards for police behaviour? o Does the officer bear primary responsibility for his or her actions? o Was the officer acting while in the presence of a commanding officer? o Has the behaviour been on-going or continuous over a period of time?

Serious vs. Less Serious Complaints o Is the incident an isolated event, atypical of the character of the officer? o Has there been prior misconduct, similar in nature that indicates a pattern of behaviour? o Does past behaviour/disciplinary action demonstrate bias or lack of sensitivity towards a vulnerable group? o Has the officer attempted to cover up his or her behaviour by intentionally misleading or deceiving investigating/supervising officers?

Who Investigates? o The affected police service o The OIPRD o A different police service

Investigations o Reasonable grounds are facts or circumstances of a case that would lead an ordinary and cautious person to believe that misconduct has occurred, but goes beyond mere suspicion. o If reasonable grounds do not exist, the complaint will be deemed to be unsubstantiated o Complaints take about 120 days to investigate o An investigation could include: Interviewing and recording complainants, officers, witnesses Gathering physical evidence such as photographs Conducting forensic examinations of evidence

OIPRD Oversight o Monitors all complaints sent to the police service to investigate o Reviews every investigative report prepared by the police o Conducts Requests for Review

Investigative Reports o Detailed information about steps taken during investigation and how conclusion(s) reached o Officers are named o Transparent process and reasons

OIPRD/SIU Parallel Investigations o The OIPRD will endeavour not to compromise an SIU investigation o Where the OIPRD has retained an investigation and the SIU has invoked, the OIPRD continues with their investigation The OIPRD will endeavour not to interview witnesses until the SIU has concluded their statement-taking process o If the SIU has already concluded their investigation, the OIPRD may serve a Public Inquiries Act summons to obtain their file depending on the circumstances The SIU does not have the same power or access (they would have to get a Production Order)

Hearings o The chief of police or the Commissioner of the Ontario Provincial Police are responsible for the imposition of discipline and holding disciplinary hearings o Disciplinary hearings are conducted by hearing officers appointed by the chief o Officers or retired officers of the rank of Inspector or higher can conduct hearings, as well as judges or retired judges o The OIPRD must be notified of hearing dates and hearing decisions are posted on the OIPRD s website o OIPRD Director can order an outside hearing officer and/or prosecutor

OIPRD Powers

Search and Seizure Without a OIPRD investigators have the power, on notice to the chief, to enter and search police premises or vehicles where it is deemed necessary to conduct an investigation Investigator may: Warrant Search, examine or seize data, records or things Use police equipment to search for data, records or things Require a person to produce data, records or things Be accompanied by an expert or professional in their field

Search and Seizure With a Warrant The OIPRD may get a warrant to search police premises or vehicles if an investigator has: Been prevented from searching without warrant Will likely be prevented from searching without warrant

Search and Seizure With a Warrant The OIPRD may obtain a warrant for a place other than police premises on reasonable grounds that: Investigation relates to conduct of police officer Conduct constitutes misconduct Material is related to the investigation It is in the best interest of the administration of justice including the nature of the place to be searched

OIPRD Powers: Public Inquiries Act The Director and appointed investigators have the powers of a commission under the Public Inquiries Act (PIA) The PIA includes the power to summon witnesses and the ability to require documents be produced Part II of the PIA provides protection against self-incrimination

Other OIPRD Powers Can direct the chief or board to deal with complaint as specified (Sec. 72) Direct the chief or board to take other actions as he or she deems necessary or take the action independently (Sec. 72) Order a hearing into a complaint (Sec. 72) Assign the conduct of a hearing about a chief or deputy chief to the Ontario Civilian Police Commission (Sec. 72)

Audits and Systemic Reviews The OIPRD may require a police services board to submit a performance audit (Sec. 91) A performance audit is an audit of how a police service is dealing with public complaints Conducted at the board s expense, by an independent auditor, and may be under the direction of the OIPRD The OIPRD will make the results of all audits available to the public The OIPRD has the authority to conduct investigations into systemic issues related to complaints from the public (Sec. 57)

Policing the Right to Protest: G20 Systemic Review Report G20 Summit in Toronto, June 2010 Review OPP Practices for Obtaining Voluntary DNA Samples Review Use of Force in Ontario Systemic Reviews

Penalty/Offence Provisions Offences have been created (Sec. 79) and are prosecuted under the Provincial Offences Act to prevent: Harassment, coercion, or intimidation in relation to a complaint Intentionally hindering or obstructing or providing false information to the Director or an investigator Attempts to do any of the above Prosecutions of these offences can be commenced with the consent of the Attorney General

Police Services Boards

Complaints Sent Directly to Boards All complaints sent to a board directly, must be forwarded to the OIPRD within three business days Complaints must be submitted on the OIPRD complaint form if received in another format, forward to the OIPRD who will contact the complainant The board should not take any other steps to address the complaint

Conduct Complaints about Chiefs and Deputy Chiefs Conduct complaints about municipal chiefs and deputy chiefs are sent to the respective police services board after initial screening by the OIPRD The board must review all complaints referred by the OIPRD. If, after review, the board: Is of the opinion that no misconduct occurred, no action will be taken If the police services board is of the opinion that the allegation could constitute misconduct then it must be returned to the OIPRD for an investigation

Conduct Complaints about Chiefs and Deputy Chiefs The board will receive a written report from the OIPRD If the complaint is unsubstantiated, the board shall: Take no action in response to the complaint Notify the complainant and the chief or deputy chief in writing of the decision, with a copy of the written report If, on reasonable grounds, the complaint is substantiated, the Director will: Refer the matter to the board Indicate if the misconduct or unsatisfactory work performance was serious or less serious

Conduct Complaints about Chiefs and Deputy Chiefs If the complaint is substantiated less serious, it may be resolved informally without holding a hearing The chief or deputy chief and the complainant must agree The board must: Complete an Informal Resolution Agreement form, signed by the chief or deputy chief and the complainant Wait 12 business days for the cooling-off period to expire Send the form and any other information requested to the OIPRD

Conduct Complaints about Chiefs and Deputy Chiefs If consent to Informal Resolution is revoked or not given, the board must: Provide the chief or deputy chief with reasonable information about the finding of misconduct or unsatisfactory work performance Give the chief or deputy chief an opportunity to respond in writing or orally The board may then resolve the complaint by: Imposing on the chief or deputy chief one or more penalties as specified in the Police Services Act Make entries in the employment record unless the chief or deputy chief refuses to accept the disposition

Conduct Complaints about Chiefs and Deputy Chiefs If the chief or deputy chief accepts the disposition, the board must provide notice of the penalties or action taken to the OIPRD If the chief or deputy chief refuses the disposition or the complaint is substantiated serious, the board must : Hold a hearing into the matter, or Refer the matter to the Ontario Civilian Police Commission to hold a hearing Notify the OIPRD that a hearing is to be held

Policy and Service Complaints

Policy and Service Complaints The OIPRD must refer policy and service complaints to the chief of the concerned police service Within 60 days of receiving a policy or service complaint, the chief must: Review the complaint Determine what action to take, if any, and take that action Notify the complainant, the OIPRD and the board in writing of what was done, with reasons Inform the complainant that they may request a review by the relevant police services board The chief may request a 60-day extension before the initial period has expired

Policy and Service Complaint Reviews A complainant may request a review in writing to the board within 30 days of receiving the report from the chief If the request is not received in 30 days, the board should notify the complainant the deadline has passed and no review will take place The board must advise the chief of the request If the police services board has more than three members there are two options to follow: OPTION #1 Review the complaint Take any action, or no action, in response to the complaint, as considered appropriate Notify the complainant, the chief and the OIPRD in writing of the response to the complaint, with reasons

Policy and Service Complaint Reviews OPTION #2 Appoint a committee of at least three members (two of whom constitute a quorum) to review the complaint and make recommendations to the board after the review is complete After considering the recommendations of the committee, take any action, or no action, in response to the complaint, as considered appropriate Notify the complainant, the chief and the OIPRD in writing of the response to the complaint, with reasons o While conducting a review, the board or committee of the board may choose to hold a public meeting with respect to the complaint

Customer Service Resolution (CSR) and Mediation

Customer Service Resolution o Customer Service Resolution is a program for handling less serious complaints prior to the OIPRD screening the complaint o Sixty per cent of complaints filed are done by e- filing and this does not allow for any type of early resolution to occur o CSR facilitates communication between officers and complainants in order to clear up matters and helps to enhance public confidence in police and policing

CSR Statistics Since April 2013: Total complaints considered for CSR = 890 Total initiated = 436 Successful CSR = 350 Not successful CSR = 77 Complainant and Officer response Total complainants did not agree to CSR = 328 Total officers did not agree to CSR = 108

Mediation o The OIPRD has a mediation program associated with our Informal Resolution process to assist in less serious complaints o Mediation is a voluntary process where the complainant and respondent officer meet together with the assistance of a neutral mediator to resolve the complaint o It gives both parties the opportunity to work together to develop a mutually agreeable resolution o The OIPRD is using mediators trained in the community mediation model as defined by the Ontario Community Mediation Coalition

Recap: Filing a Complaint You can file a complaint directly with the OIPRD: At www.oiprd.on.ca By fax By mail, or In person at the Office of the Independent Police Review Director You can also file a complaint at any municipal, regional or provincial police service in Ontario The police will then forward the complaint form to the OIPRD within three business days If the complaint is older than six months please provide reasons for the delay in filing* *Exceptions include: youth under 16, persons with a disability, criminal case in relation to the incident

Questions?

Contact Us Office of the Independent Police Review Director 655 Bay Street, 10th Floor Toronto, ON M7A 2T4 Tel: 416-327-4965 / 1-877-411-4773 Fax: 416-327-8332 / 1-877-415-4773 e-mail: OIPRD@ontario.ca www.oiprd.on.ca