Outreach and Education - Canadian Association for Civilian

Transcript Outreach and Education - Canadian Association for Civilian

Canadian Association for Civilian Oversight of Law Enforcement

June 6 - 9, 2010 Fredericton, New Brunswick

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The Office of the Independent Police Review Director

Director is appointed by the Lieutenant Governor in Council on recommendation of the Attorney General  Director cannot be a police officer or former police officer  Employees of the OIPRD are appointed under the

Public Service Act

and cannot be serving police officers  Creates a mandatory police liaison officer position  The Chief of Police retains the responsibility for disciplinary hearings and imposition of discipline 2

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Intake of Complaints

The OIPRD reviews all complaints received to determine whether it is policy, service or conduct complaint Minor complaints can be resolved locally and then reported to the OIPRD The OIPRD will not complaint” be involved in any internally lodged “Chief’s Complaints must be filed within six months of the incident The Director has the discretion to deal with complaints beyond the current deadline of six months but must consider:  Is the complainant a minor or under a disability?

 Was the complainant charged criminally in relation to the complaint?

AND  Is it in the public interest to deal with the complaint?

Local Resolution

 Local Resolution (Local Complaints) matters may relate to:   The conduct of a police officer The policies or services of a police department  Before accepting a complaint for local resolution, the police service must:  Advise the complainant that they may make their complaint to the OIPRD  They may be required to take their complaint to the OIPRD if it cannot be resolved locally  Provide the complainant with the information concerning the OIPRD  Local complaints must be made in person 5

Local Resolution

Contact Local Complaint • In Person • By Phone • In Person Fill Out and Sign:

Local Resolution Agreement Form

Not Required to Report Reported to OIPRD Part V Public Complaints Local Inquiry • In Person Refusal to Sign Form 6

Complaints Filed with the OIPRD

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Filing a Complaint

Complaints must be submitted on the OIPRD complaint form  A person can file a complaint directly with the OIPRD  A person can also file a complaint at any municipal, regional or provincial police service in Ontario  The police must then forward the complaint form to the OIPRD within three business days 8

Who can Complain

   A complaint may be dismissed if the complainant

is not

the following: one of   The person directly affected A witness   Someone in a personal relationship with the person directly affected AND suffered loss, damage, distress, danger or inconvenience A person who has knowledge of the conduct, or has possession of something that the Director feels is compelling evidence establishing misconduct or unsatisfactory work performance As a result, more than one person could file a complaint about the same incident In such a case, the OIPRD may consider whether it would make sense to consolidate the complaints 9

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Consolidation of Complaints

Complaints may be consolidated where they pertain to the conduct of the same police officers that affects the same persons  Only one investigation would need to occur  All of the complainants will be so advised of the consolidation  One complainant will be deemed to be the “primary complainant” This is usually the most directly affected party Only the primary complainant will be able to make decisions with respect to the complaint  All complainants will be advised of the final outcome of that complaint 10

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Screening the Complaint

Complaint is classified and screened pursuant to sections of the Police Services Act (PSA)  If the complaint is screened

out

the OIPRD:  Will document the reasons and send a decision letter indicating why the complaint was not accepted to the complainant, respondent officer and the Chief, who also receives a copy of the complaint  If the complaint is screened

the OIPRD:  Will determine who will investigate – the OIPRD, the police service in question, or another service  Send a decision letter to the complainant, respondent officer and the Chief The package for the Chief will also include a copy of the complaint and a redacted copy for the respondent officer.

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Policy and Service Complaints about Municipal Police Services

The OIPRD must refer policy and service complaints to the Chief of the concerned police service 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 If a complaint is made about a local policy of an OPP detachment that is providing policing services to a municipality, or provincial policies or services of the OPP, the OIPRD will screen the complaint then send it to the OPP headquarters After determining his or her response, the OPP detachment commander must submit a written report, with reasons, to the board, the OIPRD and the complainant 12

Investigations

 The OIPRD has standardized investigative reports throughout the province  As part of oversight, the OIPRD will ensure:  Investigative reports have all information required and reporting is consistent throughout Ontario  All steps have been taken to make sure a thorough investigation has occurred  Director has authority to pull back investigations  Complainants and respondent officers will receive a copy of the completed investigative report 14

Results of an Investigation by Police Service

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CONCLUSION

Whether a police Chief or the OIPRD has investigated, they will decide, based on Reasonable Grounds, if a complaint is:    substantiated/unsubstantiated serious/less serious Where a Chief finds that the conduct was of a serious nature he/she must hold a hearing   Where a Chief deems the complaint unsubstantiated or not serious the complainant may request a review of the Chief’s decision (30 days) Where the OIPRD has investigated, it will report the findings to the Chief, then:  Where the conduct was serious in nature the Chief must hold a hearing  If the conduct was less serious the matter may be resolved informally or disposition without a hearing 15

OIPRD Powers

OIPRD has the authority to:

 Search police premises and vehicles with or without a warrant  Search other places with a warrant  Summons persons or things under the

Public Inquiries Act

Other OIPRD Powers

 Can direct the Chief or board to deal with complaint as specified  Direct the Chief or board to take other actions as he/she deems necessary or take the action independently  Order a hearing into a complaint  Assign the conduct of a hearing about a Chief or Deputy Chief to Ontario Civilian Police Commission  Conduct investigations into systemic issues related to complaints from the public  Conduct audits on how services are dealing with complaints 17

Reviews

Request for Reviews

Policy Complaints

  A complainant may request a review in writing to the board within 30 days of receiving the report from the police Chief or the detachment Commander Police service boards will:   Review the complaint; take any action, or no action, in response to the complaint, as considered appropriate Notify the complainant, Chief or Commander and the OIPRD in writing of the response to the complaint, with reasons

Conduct Complaints

 The complainant may ask the OIPRD for a review within 30 days of a Chief’s decision that the conduct complaint is unsubstantiated or not of a serious nature  If the OIPRD agrees with the Chief, it will confirm the decision     If the OIPRD does not agree, the Director may give the Chief directions   Assign or take over the investigation Direct a hearing into the matter The OIPRD will notify all parties of the decision The OIPRD decisions are final There is no review of a classification or investigation by the OIPRD 19

Disciplinary Hearings

Disciplinary Hearings and Appeals Decisions

 The Chief retains the responsibility for disciplinary hearings and imposition of discipline  Under the Police Services Act, police Chiefs and police services boards are required to provide copies of disciplinary hearing decisions to the OIPRD  The OIPRD will post the decisions on its website 21

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OIPRD – First Nine Months

OIPRD opened to the public on October 19, 2009 Local Resolution has been utilized well as an alternate to formal complaints. We are seeing resolution after meetings between complainants and respondent officers indicating satisfaction with having open discussion OIPRD and police services have been working well together to resolve complaints and conduct effective investigations Meetings and participation from Respondent/Witness officers have been forthcoming and cooperative – so far no negative feedback Established timelines are being met by all involved Respondent/Witness officers appear to receive early and sufficient notice of complaints OIPRD continues to engage police services and the public especially in training programs The investigative process has been made uniform with the same report format being used throughout Ontario 22

Contact details

Office of the Independent Police Review Director 655 Bay Street, 10th Floor Toronto, ON M7A 2T4 Tel: 416-327-4965 Fax: 416-327-8332 e-mail: [email protected]