CANADIAN CRIMINAL JUSTICE CASE

Canadian Criminal Justice Case

Canadian Criminal Justice Case

Introduction

Policing in Canada and in democracies around the world is in the midst of a transformation.

Police departments are becoming modern service organizations that answer not only to elected officials such as mayors and MLAs, but also directly to the individual citizens they serve. The best police departments are proving that respectful treatment of all citizens is consistent with, and in fact complementary to, effective police tactics against crime.

This report is an exploration of the current mechanisms used to ensure that Vancouver Police Department (VPD) officers act with integrity, professionalism and respect towards the communities they serve. Three areas are examined:

a) Complaint investigation and resolution,

b) Training and testing, and

c) Governance.

In each area, this report identifies pressing reasons for change, gives examples of alternatives currently utilized by other jurisdictions, and provides specific recommendations.

This report was prepared by Pivot Legal Society, a non-profit organization dedicated to advancing the interests and improving the lives of marginalized persons through law reform, legal education and strategic legal action. Pivot Legal Society predominantly serves communities of Vancouver's Downtown Eastside.

Complaint Investigation/Resolution

Society has given police officers various powers to enable and assist them in protecting the public and enforcing the law. Given the extent and breadth of these powers, society has also created mechanisms to guard against their potential misuse, by allowing members of the public to lodge complaints against police officers who have acted in a manner contrary to their office.

In British Columbia, the procedures for investigation and resolution of complaints against municipal police officers are largely defined in the Police Act.3 According to the Police Act, a complainant must make a complaint in writing on the appropriate form (Form 1) and include the complainant's name and address. A complaint must be submitted either to the Police Complaint Commission, the Discipline Authority (either the Police Chief or the municipal Police Board) or a senior constable of the police department on duty when the complaint is made.4 Once a complaint is properly submitted and categorized, the receiver of the complaint can: dismiss the complaint if it finds it "frivolous or vexatious";5 recommend informal resolution;6 or order an investigation.7

Under the current Police Act, investigations into police misconduct are generally conducted internally. That is, if a complaint is made against a Vancouver Police Department officer, that complaint will be investigated by the Internal Investigations Department of the VPD. Depending on the findings and recommendations of the internal investigators, the Discipline Authority, often the Chief Constable, has the power to take corrective action through disciplinary proceedings.8

The Police Complaints Commission is responsible for reviewing the decisions reached by the Discipline Authority after an internal investigation has been completed. The Police Complaint Commissioner also has the power to order another municipal Police Department, or the RCMP, to conduct an investigation.9 If the Police Complaints Commissioner disagrees with a disciplinary finding by the Chief, he may order a public hearing, or in serious cases, call for a public ...