13-02 Appendix A -Community Safety and Policing Act – Police Officer External Complaint Process Flashcards
Members shall refer to Procedure 13-02 Appendix B for external complaints related to police officer misconduct
matters occurring prior to
April 1, 2024
As of April 1,2024 The public complaint system for police services in Ontario is managed by the ______________and provides an independent civilian oversight to policing services. The _____ receives and manages all public complaints concerning the conduct of police officers.
Law Enforcement Complaints Agency (LECA)
LECA Liaison Officer – Chief of Police Designate
The LECA Liaison Officer will assume all the duties and powers of the Chief of Police in matters respecting an incident
under investigation. The LECA Liaison Officer will coordinate the Service’s response to the LECA. The Chief of Police’s
LECA Liaison Officer must be a Senior Officer. The Chief of Police has authorized the Inspector – Professional Standards
(PRS) – Complaints Administration as the LECA Liaison Officer.
No member shall communicate directly or indirectly with any person from the LECA unless directed by the LECA Liaison
Officer. All inquiries and documents shall be directed to the LECA Liaison Officer.
Prior to making a formal complaint, any person permitted to make a complaint to LECA may first raise their concerns about the conduct of a police officer to the respective police service. A ________ is an agreement between all parties before an external complaint has been lodged with the LECA
local response
A local response shall not be engaged in if:
the concern is about the conduct of the Chief of Police or Deputy Chief of Police;
* the member of the public has expressed a desire to file a formal complaint under Part X of the CSPA; or
* it is in the public interest for the matter to be dealt with under Part X of the CSPA.
A local response must:
be resolved within thirty (30) days of the complainant reporting to the police; and
* involve a complaint that contravenes any provision of the Community Safety and Policing Act (CSPA) or its
Regulations of a less serious nature. Some examples include:
- discreditable conduct that does not involve a breach of trust;
- incivility, including allegations of unfair or biased treatment or rude or profane language;
- damage to clothing or property;
- unlawful or unnecessary exercise of authority; or
- excessive use of force that does not result in serious injury.
____________is an agreement between all parties after an external complaint has been lodged with the LECA, but
not formalized. It must be referred by the LECA to Professional Standards (PRS), be resolved within forty five (45) days of
the date of notice to PRS, and involve a complaint that contravenes any of the provisions of the CSPA or its Regulations,
of a less serious nature. Some examples include:
* Incivility
* Miscommunication
* Aggression
* Improper use of authority
* Improper charge
* Failure to lay a charge
* Unfair or biased treatment
* Damage to property
Early Resolution
Informal Resolution
An informal resolution is an agreement between all parties after a complaint has been lodged and formalized with the LECA
and involves conduct that is deemed less serious.
There are two types of informal resolutions:
1. Informal resolution occurs during the investigation
When a complaint is lodged directly with LECA, and the substance and nature of the complaint was not initially
established by police. The investigating supervisor may resolve the complaint through an informal resolution recorded
on the prescribed LECA form. An investigative report is not required.
2. Informal resolution occurs after the investigation is completed
After an investigation, when a completed investigative report has been forwarded to the LECA, the LECA may
suggest that an informal resolution is an option; which may or may not involve unit level discipline.
Informal Resolutions are facilitated by a supervisor and are to be documented on the prescribed LECA form. No record of
an informal resolution shall be placed in a police officer’s personnel file.
When notified by a supervisor of being a witness to an external complaint involving a police officer shall,
within ten (10)
calendar days, or as otherwise directed
* provide a copy of
− all memorandum book entries for the relevant tours of duty
− all relevant documents
* prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the
investigating supervisor
* attend an investigative interview and respond to all questions posed that are related to the complaint in question
* confer with an Association representative and/or have Association representation, if so desired
When notified by a supervisor of being the respondent/subject member to an external complaint involving a non–
criminal allegation shall
within ten (10) calendar days, or as otherwise directed
* provide a copy of
− all memorandum book entries for the relevant tours of duty
− all relevant documents
* prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the
investigating supervisor
* attend an investigative interview and respond to all questions posed that are related to the complaint in question
* confer with an Association representative and/or have Association representation, if so desired
Supervisor When becoming aware of a complaint from a member of the public shall notify
Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations
Centre
A Local Response much be completed by the investigating Supervisor within
30 Days, a request can be made for an additional 30 day extension (With consent of LECA)
Investigating Supervisor When determining that an external complaint cannot be resolved by an informal resolution shall
conduct an investigation and maintain detailed notes
* ensure all evidence is collected in compliance with Procedure 04–21
* if applicable, direct the respondent/subject member and witness member(s) to
− provide a TPS 217, and/or
− attend an investigative interview
* direct the respondent/subject member and witness member(s) to provide additional information as required
* consult with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination,
including any allegation related to a prohibited ground under the Human Rights Code.
* notify the Unit Commander of all side issues, where they exist, and
− initiate a separate TPS 901 for each, as necessary
− comply with Procedure 13–03, 13-09, and 13-21, as necessary
* liaise with PRS – Complaints Administration to ensure the timely conclusion of complaint investigations
* comply with directions provided by the LECA
* prepare an investigative report and submit, along with any recommendations, electronically within ninety (90) days
to the Unit Commander
Investigating Supervisor When required to facilitate an early resolution * may utilize the following options
discuss the matter with the complainant, and/or
− discuss the matter with the respondent/subject member, and/or
− facilitate a discussion between the respondent/subject member and the complainant, and/or
− facilitate an apology from the respondent/subject member, and/or
− refer the matter to mediation which is a third party, off-site meeting, if the complainant, respondent/subject
member and Director of the LECA consent
Investigating Supervisor must complete the investigation into an External complaint within?
90 Days
When the investigation will not be concluded within the ninety (90) calendar day time period shall consult with PRS–
Complaints Administration
