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2024 Supervisor > 13-02 Police Officer External Complaint Process > Flashcards

13-02 Police Officer External Complaint Process Flashcards

1
Q

What is the primary goal of the Toronto Police Service complaint process?

A

To ensure that parties to a complaint are dealt with in a way that is both fair and impartial

This process is designed to be thorough and administered without unnecessary delay.

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2
Q

True or False: The complaint process is designed to undermine the complainant’s credibility.

A

False

Complaints shall be investigated on the merit and substance of the evidence without undermining the complainant’s credibility.

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3
Q

What are complainants not to be dissuaded from doing?

A

Making a complaint

They should not feel that there may be any type of retribution for filing a complaint.

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4
Q

What does the Occupational Health & Safety Act (OHSA) legislate?

A

That workers are provided a safe workplace.

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5
Q

What is prohibited in relation to a complaint made or investigation conducted?

A

Harassment, coercion, intimidation, or retaliation.

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6
Q

What happens to a member who reports a breach of Service or Legislative Governance?

A

They shall not be subject to reprisal for making such report.

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7
Q

What must be protected unless fairness requires disclosure?

A

The identities of persons involved in the disclosure of misconduct.

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8
Q

Fill in the blank: An external complaint against a police officer can be _______.

A

withdrawn.

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9
Q

What must police officers involved in a conduct complaint submit?

A

Detailed statements and/or attend an investigative interview unless they are a respondent in a criminal investigation.

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10
Q

What is the role of the LECA?

A

To manage public complaints concerning the conduct of police officers.

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11
Q

Prior to April 01, 2024, what was the LECA known as?

A

Office of the Independent Police Review Director (OIPRD).

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12
Q

What is the prescribed form for complaints managed by the LECA?

A

Community Safety and Policing Act (CSPA) form.

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13
Q

What is the maximum time frame for resolving a local response?

A

Thirty (30) days.

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14
Q

What types of conduct may be addressed through a local response?

A
  • Discreditable conduct that does not involve a breach of trust
  • Incivility
  • Damage to clothing or property
  • Unlawful or unnecessary exercise of authority
  • Excessive use of force that does not result in serious injury.
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15
Q

What is the purpose of an early resolution?

A

To handle complaints prior to engaging the screening process.

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16
Q

How long does the LECA have to resolve an early resolution?

A

Forty-five (45) days.

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17
Q

What does the CSPA include regarding harassment?

A
  • Harassment, coercion, or intimidation in relation to a complaint
  • Intentionally hindering or obstructing the LECA or an investigator.
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18
Q

What must a police officer who is a respondent/subject member receive?

A

Notification regarding the substance of the reason for the investigation.

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19
Q

What is the role of the LECA Liaison Officer?

A

To coordinate the Service’s response to the LECA.

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20
Q

What happens to statements made during local or informal resolutions?

A

They are not admissible in civil proceedings without consent.

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21
Q

What does the term ‘Association’ refer to in this context?

A

The Toronto Police Association or the Toronto Police Senior Officers’ Organization.

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22
Q

What is the definition of ‘Informal Resolution’?

A

A process to handle the outcome of a complaint lodged with the LECA by a member of the public against a police officer where the conduct is deemed less serious.

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23
Q

What is the definition of ‘Investigative Report’?

A

A written report summarizing findings in a prescribed format as defined by Professional Standards.

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24
Q

What does ‘Law Enforcement Complaints Agency (LECA)’ mean?

A

An independent civilian agency responsible for receiving and managing public complaints about the police in Ontario.

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25
Q

What is an Investigative Report in reference to complaints?

A

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

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26
Q

What does the Law Enforcement Complaints Agency (LECA) do?

A

An independent civilian agency responsible for receiving, managing and overseeing all public complaints about the police in Ontario.

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27
Q

Who is the Law Enforcement Complaints Agency (LECA) Liaison Officer?

A

A Senior Officer of the Toronto Police Service designated by the Chief of Police to act as the liaison with the LECA.

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28
Q

What is Local Response prior to making a formal complaint?

A

Any person may first raise their concerns about a police officer’s conduct to the respective police service.

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29
Q

What does ‘substantiated’ mean in reference to complaints?

A

There is sufficient evidence to believe the conduct of a Service member constitutes misconduct.

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30
Q

What does ‘unsubstantiated’ mean?

A

A matter where insufficient evidence exists to support the allegation or evidence would not constitute misconduct.

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31
Q

What is the role of the OIPRD Liaison Officer?

A

To assume all duties and powers of the Chief of Police in matters respecting an incident under investigation.

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32
Q

What is required for the delivery of a complaint?

A

A complaint must be made on an OIPRD form, which can be submitted electronically, by mail, by fax, in person, or through an agent.

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33
Q

What constitutes a local resolution?

A

An agreement between all parties prior to an OIPRD complaint being lodged, resolved within 30 days.

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34
Q

What is a Customer Service Resolution?

A

An agreement between all parties after an external complaint has been lodged, resolved within 45 days.

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35
Q

What is the definition of harassment, coercion, or intimidation under the PSA?

A

Offences related to complaints that include harassment, hindering investigations, and providing false information.

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36
Q

What does ‘Less Serious Complaint Allegation’ mean?

A

The conduct is not of a serious nature.

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37
Q

What is a Local Inquiry?

A

When a local resolution process has commenced but is not completed.

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38
Q

What does the Office of the Independent Police Review Director (OIPRD) do?

A

Responsible for receiving, managing, and overseeing all public complaints about the police in Ontario.

39
Q

What is the Ontario Civilian Police Commission (OCPC)?

A

An independent oversight agency and the appeal body for decisions made at police disciplinary proceedings.

40
Q

Who are the parties to a complaint?

A
  • A person making a complaint
  • A police officer who is a witness
  • The Chief of Police
  • The Police Services Board
  • Any person added by the OIPRD.
41
Q

What defines a Serious Complaint Allegation?

A

A matter of public interest that must go to a disciplinary hearing if substantiated.

42
Q

What is the purpose of Toronto Police Service procedures regarding complaints?

A

To ensure a fair and impartial process that is thorough and accountable.

43
Q

What is the commitment to Human Rights by the Toronto Police Services Board?

A

To deliver police services that are fair, respectful, and unbiased.

44
Q

Define ‘Reprisal’ in the context of complaints.

A

No person shall harass, coerce, intimidate, or retaliate against anyone in relation to a complaint.

45
Q

What confidentiality measures are in place regarding misconduct disclosures?

A

Identities of persons involved in misconduct disclosures shall be protected unless fairness requires disclosure.

46
Q

What happens if a police officer is compelled to submit a statement regarding a conduct complaint?

A

The statement cannot be used against them in a criminal proceeding.

47
Q

What is Alternative Dispute Resolution?

A

Mediation, conciliation, negotiation, or other means of resolving issues in dispute by a third party.

48
Q

What is the time frame for resolving a local resolution?

A

Within thirty (30) days, extendable by another thirty (30) days with OIPRD consent.

49
Q

Fill in the blank: A complaint shall be made on an _______ form.

A

[OIPRD]

50
Q

What are compelled statements in relation to police investigations?

A

Compelled statements cannot be used against the person making the statement in any criminal proceeding.

51
Q

What opportunity shall police officers have during an interview?

A

Police officers shall be afforded the opportunity to confer with legal counsel and/or a representative of the Association.

52
Q

What is required of a witness member in a conduct complaint involving a criminal allegation?

A

The witness member must supply the investigating supervisor with a detailed statement concerning the incident.

53
Q

Is a respondent/subject member compelled to provide a statement in a conduct complaint?

A

No, a respondent/subject member may supply a statement but is not compelled to do so.

54
Q

What happens if a witness member becomes a respondent/subject member?

A

The previously supplied statement shall be returned to the respondent/subject member upon demand.

55
Q

Define ‘External Complaint’ in the context of the complaint and discipline process.

A

An external complaint means an allegation made by a member of the public concerning the conduct of a Service member.

56
Q

Who is the Investigating Supervisor?

A

A supervisor assigned to investigate a complaint, including a Unit Complaint Coordinator (UCC).

57
Q

What does ‘Respondent/Subject Member’ refer to?

A

A member of the Service alleged to have engaged in misconduct by an act or omission.

58
Q

What is the role of a Witness Member?

A

A member of the Service who is not the respondent/subject member of a complaint.

59
Q

What agency manages the public complaint system for police services in Ontario?

A

Law Enforcement Complaints Agency (LECA).

60
Q

What was the name of the LECA prior to April 01, 2024?

A

Office of the Independent Police Review Director (OIPRD).

61
Q

How can a complaint be submitted to the LECA?

A

Complaints can be submitted electronically, by mail, by fax, in person, or delivered to any Service facility.

62
Q

What must happen to anonymous complaints submitted to LECA?

A

They will not be considered an external complaint but may be reviewed for LECA initiated investigation.

63
Q

What is a Local Response?

A

An agreement between all parties before an external complaint has been lodged with the LECA.

64
Q

What is the maximum time frame for resolving a Local Response?

A

Thirty (30) days from the complainant reporting to the police.

65
Q

What types of complaints are excluded from a Local Response?

A
  • Conduct of the Chief of Police or Deputy Chief of Police
  • Complainant desires to file a formal complaint
  • Public interest requires the matter to be dealt with under Part X of the CSPA.
66
Q

What is ‘Early Resolution’?

A

An agreement between parties after an external complaint is lodged but not formalized.

67
Q

What is the time limit for resolving an Early Resolution?

A

Forty five (45) days from the date of notice to Professional Standards (PRS).

68
Q

What does ‘Informal Resolution’ involve?

A

An agreement after a complaint is lodged and formalized with the LECA regarding less serious conduct.

69
Q

What are the two types of Informal Resolutions?

A
  • During the investigation
  • After the investigation is completed.
70
Q

What offences are included under the CSPA related to harassment and intimidation?

A
  • Harassment, coercion or intimidation in relation to a complaint
  • Intentionally hindering or obstructing the LECA
  • Providing false information to the LECA.
71
Q

When must a police officer receive notification of their status as a respondent/subject member?

A

Promptly upon evidence supporting an allegation of misconduct.

72
Q

Who submits copies of hearing decisions for external complaints to the LECA?

A

LECA Liaison Officer.

73
Q

What does ‘substantiated’ mean in reference to complaints?

A

There is sufficient evidence to believe the conduct constitutes misconduct.

74
Q

What does ‘unsubstantiated’ mean regarding a complaint?

A
  • Insufficient evidence to support the allegation
  • Evidence exists that would not constitute misconduct
  • Identification of the respondent/subject member cannot be established.
75
Q

What is the role of the Chief’s Special Investigations Unit (SIU) Liaison Officer?

A

To act as the main liaison with the SIU in all matters relating to SIU investigations.

76
Q

What is the role of the OIPRD Liaison Officer?

A

To coordinate the Service’s response to the OIPRD.

77
Q

What must a complainant do when submitting a complaint to the OIPRD?

A

Complete and return the appropriate OIPRD forms which must be signed.

78
Q

What constitutes a Local Resolution?

A

An agreement between all parties prior to an OIPRD complaint being lodged.

79
Q

What is a Side Issue in reference to complaints?

A

An issue identified during the investigation concerning procedures or services not part of the original complaint.

80
Q

What is a local resolution?

A

An agreement between all parties prior to an OIPRD complaint being lodged, resolved within thirty (30) days of the complainant reporting to the police.

81
Q

What criteria must be met for a local resolution?

A

A complaint must involve:
* dealing with personal property (other than money or firearms)
* failing to treat a person equally (excluding violations based on the Human Rights Code)
* using profane language
* acting in a disorderly manner
* neglect of duty
* failing to work in accordance with orders
* failing to make a report or record entry
* conspiring and abetting to commit any of the above
* contravening provisions of the PSA or its Regulations of a less serious nature.

82
Q

What is a customer service resolution?

A

An agreement after an external complaint is lodged with the OIPRD but not formalized, resolved within forty-five (45) days of notice to PRS.

83
Q

What criteria must be met for a customer service resolution?

A

A complaint must involve:
* dealing with personal property (other than money or firearms)
* failing to treat a person equally (excluding violations based on the Human Rights Code)
* using profane language
* acting in a disorderly manner
* neglect of duty
* failing to work in accordance with orders
* failing to make a report or record entry
* conspiring and abetting to commit any of the above
* contravening provisions of the PSA or its Regulations of a less serious nature.

84
Q

What is an informal resolution?

A

An agreement after a complaint has been lodged with the OIPRD involving conduct deemed less serious.

85
Q

What are the two types of informal resolutions?

A
  • Informal resolution during the investigation
  • Informal resolution after the investigation is completed.
86
Q

What offences are included under harassment, coercion, or intimidation in the PSA?

A
  • Harassment, coercion or intimidation in relation to a complaint
  • Intentionally hindering or obstructing or providing false information to the OIPRD or an investigator
  • Attempts at the above.
87
Q

True or False: No prosecutions of harassment, coercion, or intimidation can commence without the consent of the Attorney General.

A

True

88
Q

What must be done with copies of hearing decisions for all external complaints?

A

They shall be submitted to the OIPRD by the OIPRD Liaison Officer and posted on the OIPRD website.

89
Q

What does interprovincial policing involve?

A

Complaints against a Toronto Police Service officer in another province or territory must be forwarded to the OIPRD.

90
Q

Fill in the blank: No statement made during an attempt at a local or informal resolution of a complaint is admissible in a _______.

A

civil proceeding

91
Q

What is a less serious complaint allegation?

A

The conduct is not of a serious nature.

92
Q

What is the role of the Office of the Independent Police Review Director (OIPRD)?

A

An independent civilian agency responsible for receiving, managing, and overseeing all public complaints about the police in Ontario.

93
Q

Who is considered a party to a complaint?

A
  • A person making a complaint under Part V of the Police Services Act
  • A police officer who is a witness officer in a complaint filed by a member of the public
  • The Chief of Police of the police service related to the complaint
  • In the case of a complaint against the Chief of Police, the Police Services Board
  • Any person added as a party by the OIPRD.
94
Q

What defines a serious complaint allegation?

A

A matter that is of public interest to be dealt with as a complaint under Part V of the Police Services Act.

2024 Supervisor (46 decks)

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