Complaints Flashcards
Any member of the public can make a complaint to the all IP RD about these three things
Policies service conduct of an officer
The following persons cannot make a complaint to the O I PRD
Solicitor Gen.
Employee of the boy PRD
Member or employee of the commission
A member or until remember of the police force if that forces a subject of the complaint
Member or employee of the board if that board is responsible for the service or the member
A person elected to counsel of municipality to advise other municipalities boards or the service
As a member of the community advisory committee and the detachment which is being advised as the subject of the complaint or one of its members
Do you wipe your demon not deal with the complaint if
- the complaint is more than six months after the fax how much it is based
- the complaint is frivolous or vexatious we’re made in bad faith
- the complaint could be more appropriately delve with under another act or law
- having regard to all the circumstances dealing with the complaint is not in the public interest
In making a determination on whether to deal with the complaint the director shell consider
- whether the complainant is a minor or is under a disability within the meaning of the accessibility of Ontarians with disabilities act
- whether the complainant is or was subject to criminal proceedings in respect of the events and underlying complaint
- whether having regard to all the circumstances in the public interest for the complaint to be dealt with
That director may decide not to deal with The complaint about the conduct of the police officer if the complainant is not one of the following
- A person at whom the conduct was directed
- A person who saw or heard the conduct or its effects as a result of being physically present at the time and place that the conduct or its effects occurred
- A person who wasn’t a personal relationship with the person described under number one at the time to conduct occurred and suffered loss damage distress danger or inconvenience as a result of the conduct
- A person who has knowledge of the conduct or hasn’t his or her possession or under his control anything relating to the conduct which in the directors opinion constitutes compelling evidence that the complaint of misconduct as defined in section 80 or inside satisfactory work performance and the evidence would likely be admissible in court
The police officer is guilty of misconduct if your she
A) commits an offense described in a prescribed code of conduct
b) contravention section 46 political activity
c) engages in an activity that contravenes section 49 secondary activities
d) contravene’s section 55 resignation journey emergency
e) commits an offense described in subsection 79 offensive’s complaints
f) contravene section 81 including misconduct withholding services
g) contravene section 117 trade union membership
h) deals with personal property other than money or firearms in a manner that is not consistent with section 132
i) deals with money in a manner that is not consistent with section 133
j) deals with firearms in a manner that is not consistent with section 134
k) contravene to regulation made under paragraph 15 equipment 16 use of force 17 standard of dress police uniforms 20 police pursuits or 21 records of subsection 135
Schedule code of conduct includes
This credible conduct Insubordination Neglect of duty Deceit Breach of confidence Corrupt practice Unlawful or unnecessary exercise of authority Damage to clothing or equipment Consuming drugs or alcohol in a manner prejudicial to duty
At the conclusion of hearing the chief of police may
- dismiss the police officer from the police service
- Direct the police officer to be dismissed in seven days unless here she re-signs before that time
- the multi officer specifying the Manor imperative time of the demotion
- suspend the police officer without pay not exceeding 30 days or 240 hours as the case may be
- Direct the police officer forfeit.more than three days or 24 hours pay
- Direct the police officer forfeit not more than 20 days or hundred and 60 hours off
- impose on the police office or any combination of penalties described above
Suspended officers cannot
Exercise any of their powers or where or use clothing or equipment that was issued to them
Before the chief of police can make a complaint of unsatisfactory work performance the subject officer
- Shell have been assessed in accordance with the established procedures
- advised of how they may improve on their work performance
- accommodated as per the human writes code if the officer has a disability that requires accommodation
- recommend that the officer secret medial assistants such as counseling or training or participation in a program of activity if it would improve the officers performance
- give the officer Rees will opportunity to improve their work performance
The duties of a police officer include
A-preserving the peace
B-preventing crimes and the other offenses in providing assistance And encouragement to other persons in their prevention
c) assisting victims of crimes
d) apprehending criminals and other offenders and others who maybe lawfully taken into custody
e) laying charges and participating in prosecution
f) executing warrants that are to be executed by police officers in the performance of their duties
g) performing the lawful duties that the chief of police assigns
h) enforcing municipal bylaws
i) completing the prescribed training
The chief of police or designate may disclose personal information about an individual for one or more of the following purposes
- Protection of the public
- Protection of victims of crime
- Keeping victims of crime informed of law-enforcement judicial or correctional processes relevant to the crown that affected them
- Law-enforcement
- Correctional purposes
- Administration of justice
- Enforcement and compliance with any federal or provincial act regulation or government program
- Keeping the public informed of the law-enforcement, judicial or correctional process respecting an individual
Hundred the regulation and individual shall be deemed to be charge with an offense if here she
- is arrested and released in accordance with part 16 pf the criminal code or
- it Is served with a summons under part three of the provincial offenses act in relation to an offense for which an individual may be arrested evening an information has not been laid at the time the summonses served
Hey chief of police or designate may disclose personal information about individual to any person if
a-the individual has been convicted or found guilty of an offense under the criminal code of Canada the Sea DSA or any other federal or federal or provincial act
B) the chief of police or designate would disclose the personal information reasonably believes that the individual poses a significant risk of harm to other persons or property
c) that the person making the disclosure of the personal information believes that the disclosure will reduce the risk
The following information maybe disclosed
- the individuals name date of birth and address
- Defenses described that here she has been charged with or convicted of or sentence for that offense
- The outcome of all significant judicial proceedings relating to the offense
- The procedural stage of the criminal justice process and the physical status of the individual in that process
