Complaints Flashcards
INFORMAL RESOLUTION - PSA
If at any time during an investigation under this Part into a complaint about the conduct of a police officer other than a chief of police or deputy chief of police the conduct appears to be obviously conduct that is not of a serious nature, the chief of police of the police force to which the complaint relates may resolve the matter informally, if the police officer and the complainant, if any, consent to the proposed resolution. 2007, c. 5, s. 10.
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INFORMAL RESOLUTION - PSA
In the case of a complaint made by a member of the public, the chief of police shall not resolve the matter informally under subsection (1) without the approval of the Independent Police Review Director. 2007, c. 5, s. 10.
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INFORMAL RESOLUTION - PSA
A police officer or a complainant who consents to a proposed resolution under subsection (1) may revoke the consent by notifying the chief of police and, in the case of a complaint made by a member of the public, the Independent Police Review Director, in writing of the revocation no later than 12 business days after the day on which the consent is given. 2007, c. 5, s. 10.
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LODGING COMPLAINTS
PART V IS:
COMPLAINTS AND DISCIPLINARY PROCEEDINGS
Public Complaints Made to the Independent Police Review Director
Local complaint
- (1) Any member of the public permitted under section 58 of the Act to make a Part V complaint may make a local complaint respecting any of the following matters to the chief of police of a police force:
- The conduct of a police officer who is a member of the police force.
- The policies of or services provided by the police force. O. Reg. 263/09, s. 2 (1).
(2) Despite subsection (1), no person shall make a local complaint respecting a matter if the person has already made a Part V complaint in respect of the matter. O. Reg. 263/09, s. 2 (2).
(3) Before receiving a local complaint from a complainant, the chief of police shall,
(a) advise the complainant that members of the public may make Part V complaints respecting the matters referred to in subsection (1);
(b) advise the complainant that the chief of police may be required to request that the complainant make a Part V complaint respecting the matter if the complaint cannot be dealt with under this Regulation; and
(c) give the complainant any publication or information respecting Part V complaints that the Independent Police Review Director provides for the purpose. O. Reg. 263/09, s. 2 (3).
(4) A local complaint shall be made in person. O. Reg. 263/09, s. 2 (4).
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LODGING A COMPLAINT
OIPRD
How do I file my complaint?
A. A complaint must be submitted on the OIPRD complaint form. You may file a complaint on our website, by fax, by mail or in person at our office. You may also file your complaint at any municipal, regional or provincial police service in Ontario.
OIPRD complaint forms are available on our website, at all municipal, regional and provincial police services, at ServiceOntario locations throughout Ontario and in many community centres and legal clinics.
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LODGING A COMPLAINT
OIPRD
If I file my complaint at a police service, how will it get to the OIPRD?
A. If your complaint is handed in at a police service, the police service accepting the complaint must fill in the required section ‘Intake at a Police Station’ on the complaint form. The complaint form must be sent to the OIPRD within three business days. Complaints will only be considered filed on the date that they are received by the OIPRD.
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LODGING A COMPLAINT
OIPRD
How can I be assured that my complaint will be accepted at a police station at the time that it is filed?
A. Police stations must accept complaints at the time they are submitted and should not request that a complainant come back at another time. The police service accepting the complaint must record when the complaint was received on the prescribed OIPRD form and forward it to the OIPRD within three business days. Complaints will only be considered filed on the date that they are received by the OIPRD.
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LODGING A COMPLAINT
OIPRD
Can I have someone represent me during the complaint process?
A. You can represent yourself or be assisted by another person of your choice at any stage of the process. If you would like an agent to represent you, it is your responsibility to find one.
You are required to indicate on the complaint form that you wish to be represented by an agent and provide the name of the agent. Should you decide that you want an agent to act on your behalf after your complaint has been submitted, you must advise the OIPRD and provide the agent’s contact information. The OIPRD will copy both the complainant and the agent on all correspondence relating to the complaint.
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LODGING A COMPLAINT
OIPRD
Is there a time limit of when I can file my complaint?
A. Complaints must be filed within six months of when the incident took place. The Director may decide to deal with a complaint after six months and will consider:
If the complainant is a minor or is under a disability
If the complainant is subject to a criminal proceedings
Whether it is in the best interest of the public to proceed with an investigation.
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LODGING A COMPLAINT
OIRPD
Can I file an anonymous complaint?
A. No, anonymous complaints will not be accepted. Complainants must identify themselves when submitting a complaint to the OIPRD so that we may conduct a fair and transparent investigation of your complaint.
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