Dealing with the police can be a stressful experience. This is only heightened if you feel that police conduct or policies left you dissatisfied or mistreated. The information below provides guidance on how to issue a formal police complaint, and what procedure you can expect once a complaint is lodged.
Before launching a complaint, you must know what police force you were actually dealing with. Alberta is served by a mix of different police agencies operating at various levels:
For a listing of the provincial, municipal, regional and First Nations police forces in Alberta, click here. For a listing of RCMP detachments in Alberta, click here.
Complaints regarding a municipal, regional or First Nation police service in Alberta are governed by the Police Act, RSA 2000, c P-17 [Police Act] and the Police Service Regulation Alta Reg 356/1990 [Police Regulation].
Your complaint must fall within one of two headings. It must either relate to:
Police Act, 42.1(1),(2), 43(4))
The procedure governing complaints differs depending on which heading your complaint falls under.
First and foremost, you are entitled to lodge a complaint if it is focused on how a police officer treated you personally. In addition, the following parties can also lodge a complaint:
(Police Act, 42.1(2))
Anyone can make a complaint about a policy or service of a police service.
(Police Act s. 42.1(3))
The Police Act requires a complaint be written and signed by the person making it (Police Act, 42.1(4)). In practice, many police services have telephone or verbal complaint intake processes. While you can use these services to initiate your complaint, a formal investigation cannot be started unless the complaint is ultimately written down.
Your written complaint can be completed in a number of ways:
As an example, if you’d like to see how to launch a complaint with Calgary Police Service, click here. For the Edmonton Police Service, click here.
The Police Act directs that all complaints be sent to the Chief of Police designated for that municipality, regional centre, or First Nations Community (collectively referred to as “community”) (Police Act, 43(1)). The Chief of Police will review the complaint and, depending on what type of complaint it is, may handle the investigation (for complaints about police conduct) or may forward it to the community Police Commission (for complaints about policies).
If you are not comfortable forwarding your complaint directly to the Chief of Police, you have another option. Every Police Commission has a Public Complaint Director for that community. You have the option of submitting your complaint to your community’s Public Complaint Director. It is worth noting, however, that the Public Complaint Director does not conduct an investigation independent of the Chief of Police. He or she merely forwards the complaint to the Chief, and monitors how the complaint is processed.
If you want to make a complaint against the Chief of Police him/herself, you should direct the complaint directly to the Chair of the Police Commission for your community (Police Act, 43(2)).
The Police Act requires a complaint to include the following information:
o the date of the alleged conduct, if known,
o the identification of the police officer, if known, and
o a description of the incident at issue;
Police Act s. 42.1(4)
If you use the online or paper complaint forms provided by many police services, it will prompt you to provide this information in the document (for example, see the Calgary Police Service’s online complaint form here).
It is also helpful for your complaint to describe what action you think should be or ought to have been taken.
There is a time limitation for bringing complaints against a police officer. You cannot bring a complaint more than one year after the conduct complained of occurred, or more than one year after you first knew or ought to have known that the conduct complained of had occurred. You should make sure to file your complaint before the later of the two dates expires (Police Act, 43(11))
The Police Act provides a standard procedure for dealing with complaints. In practice, there may be slight variance in how each police service administers this process. The following is a general outline of what you likely can expect after filing a complaint.
Before commencing a formal investigation of your complaint, police authorities will try to resolve your complaint informally. Both you and the officer whose conduct is complained of must consent to any informal resolution (Police Act, 43.1).
They may also propose an alternative resolution process. This alternative process will involve independent third parties knowledgeable with the issues raised in the complaint. The Public Complaint Director is usually in charge of the alternative resolution process. Informal resolution remains an option throughout the investigation process, so long as all parties consent.
If an informal resolution cannot be reached, the Chief of Police will commence an investigation (Police Act, 45(1)). As part of the investigation, you will likely be interviewed. You should be prepared to cooperate with the investigation and any hearing that may stem from your complaint. If you refuse to cooperate, your complaint will be dismissed.
o You will be given written notification every 45 days regarding the investigation.
When the investigation is completed, the Chief of Police will initiate the next step.
If the investigation demonstrates that the conduct complained of constitutes a criminal offence, the matter will be referred to the Minister of Justice and Solicitor General for appropriate action (Police Act, 45(2)(a)).
If the investigation demonstrates that the standards of police conduct were breached, the Chief of Police must institute a hearing into the matter as it relates to the contravention (Police Act, 45(2)(b),(3)).
However, if, in the judgment of the chief of police, the contravention was not of a “serious nature” the chief may dispose of the matter, following guidance provided by the Alberta Police Regulations, without conducting a hearing (Police Act, 45(4)).
The process for dealing with complaints regarding police policies or services is less formalized than that developed for police conduct.
A complaint regarding the policies or services of a police agency will be reviewed by the Chief of Police who can take whatever action he or she considers appropriate, including referring the complaint to the Commission. The Commission may review the complaint and take whatever action it considers appropriate.
Once the Chief and/or the Commission have determined what steps, if any, will be taken, you will be advised of that disposition in writing
You are often able to appeal a decision you disagree with. The appeal procedure you follow depends on what type of claim you have launched.
If you are dissatisfied with the Chief of Police or the Commission’s resolution of your complaint, you have the right to appeal that decision to the Law Enforcement and Review Board [the Board]. The Board is an independent non-police body consisting of a chairperson and two members appointed by the provincial government.
This appeal can relate to the final disposition of your complaint following a formal investigation or hearing, or a summary dismissal of your complaint.
To appeal to the Board you have to file with a written notice explaining the grounds of your appeal within 30 days of being advised of the decision. The Board will advise you, in writing, of the date, time and place of the hearing and what, if anything, will be required of you. You have the right to counsel should you so choose.
The Board can be contacted at the following address:
Law Enforcement Review Board
c/o Board Secretary
1502 City Centre Place
10025-102A Avenue
Edmonton, Alberta T5J 2Z2
If your appeal to the Board related to summary dismissal of your complaint, the Board’s decision is final and you have no further right of appeal. As always, however, this finality is subject to your right to pursue Judicial Review in the Court of King’s Bench. To find out more about Judicial Review, click here.
If your appeal related to a decision following a formal investigation or hearing, you can apply to the Alberta Court of Appeal and seek leave to appeal to this Court. You have 30 days from the date that the Board gives its decision to launch your application. This right of further appeal is limited in that it only applies to appeals you are appealing on the ground of some legal error made by the Board and, in addition, if you obtain the permission of a judge of the Court of Appeal. Again, this limit is subject to your right to pursue Judicial Review in the Court of King’s Bench. To find out more about Judicial Review, click here.
Disposition of complaint respecting policies and services
If you are dissatisfied with the way your complaint was resolved, you can appeal to the Commission for a review within 30 days from the date that you are advised of the disposition. A decision of the commission at this stage is final.
This limit is subject to your right to pursue Judicial Review in the Court of King’s Bench. To find out more about Judicial Review, click here.
You must see to it that your complaint is adequately supported by facts known to you. There must be a real substance to your complaint and you must be specific in detailing what happened. If it is determined that your complaint is not supported by facts or that you are not willing or ready to work with the police to ascertain the truth of the matter, or that your complaint is brought in bad faith, your complaint may be dismissed before an investigation or hearing is conducted (Police Act, s 43(6)-(10.1)). You will receive written notice of such dismissal.
If this happens to you, you are entitled to pursue the appeal procedures described above (click here to be redirected to this discussion).
If your complaint is against the Chief of Police, you should direct it to the Chair of the Police Commission that oversees the particular police service. If the Commission finds any substance to the complaint upon initial review, the Chair will refer the complaint to the Minister of Justice and Solicitor General who will request another police service to investigate the complaint, usually the Chief of that other police service.
If the investigation leads to the conclusion that a criminal offence may have been committed, the matter will be referred to the Minister of Justice and Solicitor General for appropriate action.
But if the investigation indicates that there was conduct in contravention of police standards, the complaint will be referred back to the Commission that first received the complaint. At this stage, the Commission will conduct a hearing into the complaint, unless they determine that the contravention in question is not of a serious nature.
The Police Act has special provisions for dealing with situations where serious injury or death occurs as a result of a police officer’s actions. They also apply to matters of “a serious or sensitive nature” related to the actions of a police officer.
These serious incidents are handled by a special investigating body known as the Alberta Serious Incidents Response Team (ASIRT).
ASIRT does not take complaints from the public; rather files are forwarded to it by the office of the Minister of Justice and Solicitor General. If you have any complaints involving a serious incident you should report to the police service in question in the ordinary manner or lodge it as a complaint through any of the methods discussed here.
Complaints regarding the RCMP are governed by the Royal Canadian Mounted Police Act, RSC 1985 c R-10 [RCMP Act]. Click here to view a chart that outlines the RCMP complaints process described below.
The RCMP Act deals with complaints regarding the conduct of an RCMP officer or member while they were performing their duties under the RCMP Act or the Witness Protection Program Act (RCMP Act, s 45.53(1)).
The RCMP Act gives you several different options for lodging a complaint. A complaint may be made to:
RCMP Act, s 45.53(8)
While “anyone” can make a complaint regarding the conduct of an RCMP officer or member, the Commission can refuse to deal with a complaint if it is brought by someone who does not fall within the following categories:
RCMP Act, s 45.33(2)(c)
The Commission, RCMP, and Public Complaint Director each have several avenues you can pursue to lodge a complaint. Keep in mind, however, that your complaint must ultimately be reduced to writing before any investigation is commenced.
Civilian Review and Complaints Commission for the RCMP
National Intake Office
P.O. Box 88689
Surrey, BC V3W 0X1
www.crcc-ccetp.gc.ca
Commanding Officer
c/o North West Region Professional Standards Section
RCMP “K” Division
11140 – 109 Street
Edmonton, Alberta T5G 2T4
Provincial Public Complaint Director
Law Enforcement and Oversight Branch
Alberta Justice and Solicitor General
Public Security Division
10th Floor, 10365-97 Street
Edmonton, Alberta T5J 3W7
Your complaint should be in writing and must contain the reasons for your complaint and the details of the incident involved or the aspect of service delivery you find unsatisfactory.
Your complaint should be received within one year after the conduct forming the basis of the complaint is alleged to have occurred (RCMP Act, s 45.53(5)).
This time limitation may be extended if there are good reasons for doing so and it is not contrary to the public interest (RCMP Act, s 45.53(6)).
Regardless of which avenue you used to register your complaint, once your complaint is entered, written notice of it will be forwarded to you (the complainant), the Commission and the Provincial Public Complaints Director (RCMP Act, s 45.53(10)). A copy will also be forwarded to the RCMP member named in your complaint, unless doing so would compromise the investigation to follow (RCMP Act, s 45.54).
If you and the responding RCMP officer agree, your complaint may be resolved informally (RCMP Act, s 45.56(1)) Even so, the terms of any such resolution and the agreement of all the parties to them are required to be in writing, and served on the Commission (RCMP Act, s 45.56(3)).
If informal resolution is not chosen, the RCMP force will start a formal investigation into your complaint (RCMP Act, s 45.6(1)). This default procedure can be disrupted if the Commission opts to, and notifies the RCMP Commissioner that it will be conducting the investigation (RCMP Act, s 45.6(2)).
During the investigation, you will receive periodic written updates of the progress of the investigation (within 45 days after receiving notification of the complaint, and monthly thereafter) (RCMP Act s 45.63).
When the investigation is completed the Commissioner will prepare and send you, the RCMP officer named in the complaint, and the Commission a written report detailing what the investigation revealed and a summary of any action that has been or will be taken (RCMP Act s 45.64).
The report must also advise you of your right to refer the complaint to the Commission for review within 60 days or receiving the report if you are not satisfied with how your complaint was handled (RCMP Act s 45.64(d)).
There are several stages throughout the complaint process where your complaint may be dismissed. For example:
If your complaint is dismissed summarily, you have a right of appeal. You will receive written notice of the termination, and of your right to refer the complaint to the Commission for review within 60 days of receiving that written notice. Appeals are discussed in more detail below.
The Commission is a review board for individual complaints. It hears appeals regarding civilian complaints investigated by the RCMP. Appeals or referrals must be made within 60 days of being notified of a decision, except an extension of time is granted by the Commission (RCMP Act, s 45.7).
Decisions that you can appeal to the Commission include:
When you file an appeal regarding a final decision, the Commission reviews your complaint and the decision.
If, after reviewing the Complaint, the Commission satisfied with the RCMP Commissioner’s decision, a report to that effect will be sent to all parties (RCMP Act, s 45.71(2)). If it is not satisfied with the RCMP commissioner’s decision, or considers that further inquiry is needed, the Commission may:
(a) prepare and send to the Minister and the Commissioner a report setting out any findings and recommendations it sees fit,
(b) request the commanding officer of the RCMP in Alberta to direct a further investigation, or
(c) conduct its own investigation into the complaint or institute a hearing into your complaint. The hearing is usually held in public and you have the right to be represented by counsel and to call witnesses (RCMP Act s 45.73).
After the Commission conducts an investigation or hearing, it will prepare and send an initial report to the commanding officer for appropriate action.
RCMP Act, s 45.71(3)
The RCMP Commissioner responds to the Commission’s initial report in writing by either acting on its findings and recommendations or giving reasons why it will not do so (RCMP Act 45.72(1)). The Commission will then issue its final report disposing of the complaint (RCMP Act s 45.72(2).
There is no further right of appeal. Of course, you always retain the right to bring an application for Judicial Review to the Court of King’s Bench. Click here for more information on judicial review in Alberta.
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