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Ontario|Criminal LawPolice Complaints 792 What happens after a complaint is made? Just as there are several different ways to complain about a police officer's conduct, there are different possible results and consequences depending on how you choose to complain.
- Consequences of a lawsuit or a criminal charge
If you decide to sue a police officer in a civil lawsuit, or if you decide to lay a criminal charge, a trial will be held in court where you will have to explain your complaint to a judge. If you succeed in convincing the judge of police misconduct, you may be awarded damages, or the officer may be convicted of a criminal offence and sentenced to a penalty.
- Consequences of filing a complaint
Once a complaint has been submitted to the involved service either directly or through the Commission, the Chief or O.P.P. Commissioner will decide whether your complaint will be investigated. The Chief or O.P.P. Commissioner will determine whether your complaint is about the conduct of a police officer or if the complaint is about the policies and/or services of a police service. The Chief or O.P.P. Commissioner will also decide whether you were directly affected by the complained of actions, the timeliness of your complaint and whether your complaint was brought in good faith. If you disagree with any of these decisions you may request the Commission review those decisions. A request for review must be received by the Commission within 30 days of you having received the decision.
- Investigation by Police Service
If an investigation is directed, ordinarily it will be conducted by the public complaint investigators from the involved police service. You may be asked to provide a statement as well as witnesses' names and telephone numbers. The involved officer(s) will also be contacted and be requested to submit statements and memobook entries. The investigators will obtain all documentary evidence such as radio transmissions, video tapes and photographs, if there are any. After the public complaint investigation is completed, the investigators will submit a final report to the Chief (or Commissioner of the O.P.P.) who will then decide, based on the available evidence, whether your complaint is substantiated.
- Review of decision by Ontario Civilian Commission on Police Services
If you are not satisfied by the decision you may ask the Ontario Civilian Commission on Police Services to review that decision, but you must make that request within thirty days of receiving the Chief or Commissioner's decision.
The Commission is an independent, civilian agency which is composed of civilian members and their staff. A case manager will brief a review panel composed of the Commission members who will then decide whether your complaint is substantiated based on the evidence presented. The Commission may confirm the decision of the Chief or O.P.P. Commissioner, overturn the decision of the Chief or O.P.P Commissioner or request that further investigation be conducted. The Commission's decisions are final.
- Discipline of involved officers
If the Chief (or the Commissioner of the O.P.P.) or the Ontario Civilian Commission on Police Services finds that the involved officers misconducted themselves or performed unsatisfactory work, the officers may be disciplined. The nature and degree of discipline will depend on the nature of the complaint and will be decided by the police service.
There are Case Managers at The Ontario Civilian Commission on Police Services who can assist you with any aspect of bringing a public complaint against a police officer. The Commission telephone number is listed on the Legal Line Guide and website, and in the Blue pages of your telephone book. The Commission also has brochures which it will provide to you or your organization.
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