13-02 Appendix A - CSPA - Police Officer External Complaint Process

Question 1

What is the Rationale?

Answer 1

The public complaint system for police services in Ontario is managed by the Law Enforcement Complaints Agency (LECA) and provides an independent civilian oversight to policing services. The LECA receives and manages all public complaints concerning the conduct of police officers.
This Appendix outlines the process for the intake and management of external complaints involving police officer misconduct that occurred as of April 01, 2024, onwards. The LECA manages and has carriage of all external complaints involving allegations of misconduct under the Community Safety and Policing Act (CSPA). The LECA may retain the investigation of an external complaint or direct the Service or another police service to investigate the external complaint. Every complaint SHALL be acknowledged and recorded on the prescribed LECA form.

Question 2

LECA Liaison Officer – Chief of Police Designate

The LECA Liaison Officer will assume all the duties and powers of the _____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 ____. The Chief of Police has authorized the _____ as the LECA Liaison Officer.

No member SHALL ____

Answer 2

Chief of Police

Senior Officer

Inspector – Professional Standards (PRS) – Complaints Administration

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.

Question 3

Delivery of a Complaint

Any member of the public may make an external complaint. A complaint SHALL be made on a LECA form which can be obtained at any Service facility or on the LECA website. The LECA form can be submitted

Answer 3

• electronically
• by mail
• by fax
• in person (or agent); or
• by delivering the LECA form to any Service facility.

Complaints about a police officer from another police service and third-party complaints will also be accepted in the above manner. A complainant SHALL be provided with the appropriate LECA forms and/or brochures to complete and return or submit at their discretion. These forms must be signed by the complainant. Any anonymous complaints submitted to LECA will not be considered an external complaint but may be reviewed and considered by LECA for the purposes of a LECA initiated investigation.

Question 4

Local Response

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 local response is an agreement between all parties before an external complaint has been lodged with the LECA. Prior to attempting to initiate a local response, the member of the public and the respondent/subject member SHALL be informed that:

Answer 4

• the Service is required to send a copy of the local response summary, as well as a notification of the potential misconduct, to the LECA; and
• notwithstanding the local response, the LECA may decide to conduct an investigation into an alleged misconduct.

Question 5

A local response SHALL not be engaged in if:

Answer 5

• 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.

Question 6

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:

Answer 6

o discreditable conduct that does not involve a breach of trust
o incivility, including allegations of unfair or biased treatment or rude or profane language
o damage to clothing or property
o unlawful or unnecessary exercise of authority; or
o excessive use of force that does not result in serious injury.

Local responses are facilitated by a supervisor and are to be documented on the prescribed LECA form. No record of a local response SHALL be placed in a police officer’s personnel file.

Question 7

Early Resolution

An early resolution 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:

Answer 7

• Incivility
• Miscommunication
• Aggression
• Improper use of authority
• Improper charge
• Failure to lay a charge
• Unfair or biased treatment
• Damage to property

Early resolutions are facilitated by a supervisor and are to be documented on the prescribed LECA form. No record of an early resolution SHALL be placed in a police officer’s personnel file.

Question 8

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:

Answer 8

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.

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.

Question 9

Harassment, Coercion or Intimidation

The CSPA includes the following offence provisions:

Answer 9

• harassment, coercion or intimidation in relation to a complaint
• intentionally hindering or obstructing or providing false information to the LECA or an investigator attempts at the above.
  This applies to any person in relation to the complaint made or investigation.

Question 10

Notification to a Police Officer

A police officer who is the respondent/subject member of an external complaint SHALL promptly receive notification regarding the substance of the reason for the investigation along with a copy of the redacted complaint, unless to do so may prejudice an investigation.

The notice SHALL be provided promptly when:

Answer 10

• there is evidence to support an allegation
• the evidence, if believed, would constitute misconduct / a substantiated complaint; and
• a respondent/subject member has been identified.

Question 11

Publication of LECA Hearing Decisions

Copies of hearing decisions for all external complaints SHALL

Answer 11

be submitted to the LECA by the LECA Liaison Officer. These will be posted on the LECA website.

Question 12

Interprovincial Policing

Under ss. 156(1) of the CSPA on receipt of a complaint made against a Toronto Police Service officer in another province or territory, who has been appointed to act as a police officer in that province or territory, the complaint SHALL be

Answer 12

forwarded to the LECA.

Question 13

Procedure

Member

1. Members SHALL provide information and assistance to anyone requesting information on

Answer 13

how to submit an external complaint.

Question 14

Procedure

Member

2. When receiving an external complaint at a place other than a Service facility SHALL

Answer 14

• immediately contact a supervisor
• direct the person to attend
  o the LECA website, or
  o the LECA office, or
  o any Service facility that is accessible to members of the public.

Question 15

Procedure

Member

3. When an external complaint is received at a Service facility SHALL

Answer 15

immediately refer the complainant to the Officer in Charge.

Question 16

Procedure

Member

4. 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

Answer 16

• provide a copy of
  o all memorandum book entries for the relevant tours of duty
  o 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

Question 17

Police Officer

5. 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

Answer 17

• provide a copy of
  o all memorandum book entries for the relevant tours of duty
  o 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

Question 18

Police Officer

6. When notified by a supervisor of being the respondent/subject member to an external complaint involving a criminal allegation

Answer 18

• 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
• attend an investigative interview and may choose to respond to all questions posed that are related to the complaint in question
• may choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor
• SHALL confer with an Association representative and/or have Association representation, if so desired

Question 19

Police Officer

7. When an external complaint has been resolved by a local response the respondent/subject member SHALL

Answer 19

sign the prescribed LECA form.

Question 20

Police Officer

8. When a conduct complaint has been resolved by an informal resolution the respondent/subject member SHALL sign the prescribed LECA form.

Answer 20

• No statement made during an attempt at a local or informal resolution of a complaint is admissible in a civil proceeding, including a hearing held under the CSPA, except with the consent of the person who made the statement. (CSPA s. 169(4))

Question 21

Supervisor

9. When becoming aware of a complaint from a member of the public SHALL

Answer 21

• establish the substance and nature of the complaint
• when the circumstances of the complaint suggest an immediate investigation/action is warranted SHALL
  o receive the complaint
  o notify the Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre
• when determining it is related to an external complaint against a police officer
  o continue to comply with this procedure
  o attempt to resolve the complaint by way of a local response, if appropriate
• provide the complainant with a LECA form/brochure and information about the LECA complaint process
• make every effort to assist the complainant in completing the required forms where they are unable to communicate in writing or are otherwise unable to attend a Service or LECA facility.

Question 22

Supervisor

10. Upon receipt of a completed LECA complaint form and having reviewed and established the substance and nature of the complaint SHALL

Answer 22

forward the form, including any attachments, to PRS – Complaints Administration.

Question 23

Supervisor

11. When attempting to facilitate a local response

Answer 23

• SHALL advise the complainant and respondent/subject member that
  o a copy of the local response summary will be sent to the LECA
  o the LECA will be notified of potential misconduct
  o notwithstanding a local response, the LECA may decide to conduct an investigation into any alleged misconduct
• may utilize the following options
  o discuss the matter with the complainant, and/or
  o discuss the matter with the respondent/subject member, and/or
  o facilitate a discussion between the respondent/subject member and the complainant, and/or
  o 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
• SHALL record the particulars of the complaint and actions taken in the memorandum book
• if a local response cannot be immediately resolved SHALL complete a TPS 649 with reasons and forward to the Unit Commander for further assignment to an investigating supervisor
• The thirty (30) calendar day period for resolving a local response may be extended for an additional thirty (30) calendar days, upon consent of the LECA.

Question 24

Supervisor

12. When a local response has been achieved SHALL

Answer 24

• record the particulars of the complaint and actions taken in the memorandum book
• complete the prescribed LECA form and submit to the Unit Commander

Question 25

Unit Complaint Coordinator 13. The Unit Complaint Coordinator SHALL

Answer 25

review the Unit Complaint Coordinator (UCC) e-mail daily for notice of new complaints, if applicable.

Question 26

Investigating Supervisor 14. When required to investigate an external complaint SHALL

Answer 26

* initially establish the substance and nature of the complaint * provide the respondent/subject member with the following, except, where doing so might prejudice the investigation, o the notice outlining the substance of the reason for the investigation and o a copy of the redacted complaint * record the particulars of the notification in their memorandum book, if applicable * if information or evidence comes forward that may cause the Special Investigations Unit (SIU) to invoke its mandate SHALL o notify the Officer in Charge * not proceed with the external complaint investigation until so directed by the Unit Commander

Question 27

Investigating Supervisor 15. When determining that an external complaint may be resolved by an informal resolution

Answer 27

* SHALL record the particulars of the complaint and actions taken in the memorandum book * SHALL inform the complainant and the respondents/subject member of the right o to revoke their consent in writing within twelve (12) business days o to consult with counsel or seek independent legal advice o have an agent, representative, counsel, or support person present * may utilize the following options o discuss the matter with the complainant, and/or o discuss the matter with the respondent/subject member, and/or o facilitate a discussion between the respondent/subject member and the complainant, and/or o facilitate an apology from the respondent/subject member, and/or o refer the matter to mediation, if the complainant, respondent/subject member and Director of LECA consent * An investigative report is not required when facilitating an informal resolution

Question 28

Investigating Supervisor 16. When an informal resolution has been achieved SHALL

Answer 28

* record the particulars of the and taken in the book * complete the prescribed LECA form and submit to the Unit Commander

Question 29

Investigating Supervisor 17. When determining that an external complaint cannot be resolved by an informal resolution SHALL conduct an investigation and maintain detailed notes

Answer 29

* if applicable, direct the respondent/subject member and witness member(s) to o provide a TPS 217, and/or o 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 o initiate a separate TPS 901 for each, 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

Question 30

Investigative Supervisor 18. When required to facilitate a local response SHALL

Answer 30

* complete a Request for Extension of Local Response form if the local response cannot be facilitated within thirty (30) days

Question 31

Investigative Supervisor 19. When required to facilitate an early resolution * may utilize the following options

Answer 31

* may utilize the following options o discuss the matter with the complainant, and/or o discuss the matter with the respondent/subject member, and/or o facilitate a discussion between the respondent/subject member and the complainant, and/or o facilitate an apology from the respondent/subject member, and/or o 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 * SHALL record the particulars of the complaint and actions taken in the memorandum book * SHALL complete a TPS 649 with reasons and forward to the Unit Commander for further assignment to an investigating supervisor, if an early resolution cannot be immediately resolved * SHALL request an extension from PRS–Complaints Administration if the early resolution cannot be facilitated within forty-five (45) days

Question 32

Investigative Supervisor 20. When an early resolution has been achieved SHALL

Answer 32

* record the particulars of the complaint and actions taken in the memorandum book * complete the appropriate forms provided by PRS–Complaints Administration * submit the completed forms to PRS–Complaints Administration

Question 33

Investigative Supervisor 21. When the investigation will not be concluded within the ninety (90) calendar days time period SHALL

Answer 33

consult with PRS–Complaints Administration. 22. Provide training to members at the unit level, on the complaint process, if applicable.

Question 34

Unit Commander 23. The Unit Commander SHALL appoint a police officer with the minimum rank of

Answer 34

sergeant/detective as the UCC, if applicable

Question 35

Unit Commander 24. Upon receipt of an external complaint SHALL ensure

Answer 35

* an investigating supervisor is assigned to investigate the complaint * an investigative report is completed within ninety (90) calendar days, unless an extension has been granted by the LECA * Equity, Inclusion & Human Rights is consulted regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code.

Question 36

Unit Commander 25. When notified that a local response, early resolution or an informal resolution agreement has been achieved SHALL

Answer 36

* review the details of the resolution * ensure the LECA forms are forwarded to PRS –Complaints Administration * No record of the local, early, or informal resolution SHALL be placed in a police officer’s personnel file.

Question 37

Unit Commander 26. Upon receipt of a completed investigative report from an investigating supervisor SHALL

Answer 37

* review the report * ensure the investigative report is forwarded electronically to the LECA Liaison Officer

Question 38

Unit Commander 27. Upon notification that the SIU mandate is or may be invoked in relation to an external complaint SHALL

Answer 38

ensure the Unit Commander– PRS is notified

Question 39

Unit Commander 28. When notified that a side issue has been identified SHALL ensure the

Answer 39

TPS901 is forwarded to PRS–Complaints Administration for classification and assignment

Question 40

Unit Commander 29. When receiving an investigative report that has been adjudicated by the LECA or by the LECA Liaison Officer and deemed unsubstantiated SHALL ensure the respondent/subject member is provided

Answer 40

* a copy of the investigative report * a copy of the notice of determination specifying whether or not misconduct was found

Question 41

Definitions 13-02 – Appendix A Early Resolution means

Answer 41

a Law Enforcement Complaints Agency (LECA) process to handle complaints prior to engaging the screening process. All matters suitable for an early resolution will be referred to Professional Standards by the LECA. These matters can be resolved by an agreement between all parties in lieu of a complaint being formalized by the LECA. No record of an early resolution SHALL be placed in a police officer’s personnel file.

Question 42

Informal Resolution (External) for the purposes of this Procedure means

Answer 42

a process to handle the outcome of a complaint lodged with the Office of the Independent Review Director (OIPRD) or Law Enforcement Complaints Agency (LECA) by a member of the public against a police officer where the conduct is deemed less serious and for which the complaint is resolved through agreement from all parties.

Question 43

Investigative Report in reference to complaints means

Answer 43

a written report summarizing its findings in a prescribed format as defined by Professional Standards – Complaints Administration.

Question 44

Law Enforcement Complaints Agency (LECA) means an

Answer 44

an independent civilian agency responsible for receiving, managing and overseeing all public complaints about the police in Ontario in accordance with the Community Safety and Policing Act. Previously, the Office of the Independent Review Director (OIPRD).

Question 45

Law Enforcement Complaints Agency (LECA) Liaison Officer means

Answer 45

a Senior Officer of the Toronto Police Service designated by the Chief of Police to act as the liaison with the LECA relating to conduct investigations and adjudications.

Question 46

Local Response

Answer 46

Prior to making a formal complaint, any person permitted to make a complaint to the Law Enforcement Complaints Agency (LECA) may first raise their concerns respecting the conduct of a police officer to the respective police service.

Question 47

Side Issue in reference to complaints means

Answer 47

an issue identified during the course of the investigation concerning the procedures or the services provided by the Toronto Police Service or the conduct of a Service member, which is not part of the original complaint.