Script 221 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script explains how to make a complaint against the following 11 municipal police forces and 2 police agencies:

1. Vancouver
2. New Westminster
3. West Vancouver
4. Delta
5. Port Moody
6. Abbotsford
7. Victoria (also serves Esquimalt)
8. Oak Bay
9. Saanich
10. Central Saanich
11. Nelson
12. Organized Crime Agency of BC
13. Stl’atl’imx Tribal Police

The RCMP police the rest of BC. So if your complaint is against the RCMP, refer to script 220, called “Complaints against the RCMP”.

The British Columbia Police Act sets out how to make a complaint against a municipal police force. If you have a complaint against the police, you have the right to give your side of the story and have it dealt with, as explained below.

How to make a complaint against municipal police – the first step
If you have a complaint against the police, put it in writing, on the approved form, called “Form 1”. You can get Form 1 from the police department or the Office of the Police Complaint Commissioner, at 320 -1111 Melville Street, Vancouver. You can reach the Office by phone 604.660.2385 in Vancouver and elsewhere in BC, call Enquiry BC at 1.800.663.7867 and ask to be connected. You can also visit its website at www.opcc.bc.ca. Your complaint could be about any of several things, for example, a police officer using abusive language, excessive force, failing to perform duties, or something else. There are three types of complaints, explained later in this script.
After you fill out the complaint form, give it to the police department or the Office of the Police Complaint Commissioner. If you give your complaint to that Office, they will give it to the police department for investigation.

You have one year after the incident to make the complaint. You can hire a lawyer to represent you, but you don’t have to. One of three things will happen with your complaint: the police will settle it informally, dismiss it, or investigate it.

1. Complaint settled informally
   In some cases, the police will try to settle a complaint informally. Sometimes, a meeting or phone call can clear up a misunderstanding and lead to a settlement.
2. Complaint dismissed
   The police may dismiss your complaint right away – if there is insufficient evidence or if the incident occurred more than a year ago. In this case, you can ask the BC Police Complaint Commissioner to review the police decision.
3. Complaint investigated
   If the police don’t settle your complaint informally or dismiss it, they, or another police department, will investigate it. They must finish investigating within 6 months of when you file the Form 1, although the Police Complaint Commissioner can extend that time.

Complaint reviewed by Police Complaint Commissioner
If the police investigate your complaint and you’re not satisfied with the result, you can ask the BC Police Complaint Commissioner to hold a public hearing before a retired judge, called an adjudicator. The Commissioner is an Officer of the BC Legislature, and is independent of government and the police. The Commissioner considers the following things in deciding whether to hold a hearing:

1. How serious is the complaint?
2. How serious is the harm suffered?
3. Is a public hearing needed to discover the truth?
4. Did the police make a mistake when they investigated the complaint?
5. Is a public hearing needed to restore or preserve public confidence in the complaint process and in the police?

The Commissioner will approve or deny your request for a public hearing. The Commissioner may also ask the Solicitor General to order a broader public inquiry under the Inquiry Act.

Three types of complaints
A complaint can be against a municipal constable, a Chief Constable or Deputy Chief Constable, or a municipal police department. There are 3 types of complaints:

• Public trust complaints against a constable, chief constable or deputy chief constable
• Internal discipline complaints against a constable, chief constable or deputy chief constable
• Service or policy complaints against a police department

A “discipline authority” deals with all complaints. The Chief Constable is the discipline authority for complaints against a municipal constable. The Chair of the Police Board is the discipline authority for complaints against a Deputy Chief Constable or Chief Constable. The Police Board is responsible for complaints against a police department.

Public trust complaint
This type of complaint says that a municipal police officer committed a disciplinary default. The Code of Professional Conduct Regulation says that police officers must deliver fair, impartial, and effective services to their community and are accountable to the public. The regulation defines disciplinary defaults as:

• discreditable conduct
• neglect of duty
• deceit
• improper disclosure of information
• corrupt practice
• abuse of authority
• improper use and care of firearms
• damage to police property
• misuse of intoxicating liquor or drugs in a manner prejudicial to duty
• conduct constituting an offence
• being a party to a disciplinary default
• improper off-duty conduct

Internal discipline complaint
This type of complaint, made by a superior officer or a fellow officer (not a member of the public), also concerns the conduct of a police officer. Labour law principles apply to investigations of these complaints.

Service or policy complaint
This type of complaint against a municipal police department claims that the operation of the department is inadequate in terms of:

• policies
• procedures
• standing orders
• supervision and management controls
• training programs and resources
• staffing
• resource allocation
• procedures or resources that permit the department to respond to requests for assistance
• any other internal operational or procedural matter

Two other possibilities

Suing the police
If a police officer injured you, caused you property damage, or violated your rights, you can sue the officer and the officer’s employer in civil court. You should get legal advice promptly in this case – there may be a time limit for suing.

Criminal charges
If you say that a police officer committed a crime or broke a law, the local police force will investigate. The result of the investigation may go to the Regional Crown Counsel – the senior prosecutor for the area – to decide whether to charge the officer with a crime. If the police don’t send a report to the prosecutor, or that person decides not to charge the officer, you can still go to a Justice of the Peace and ask that the officer be charged. For more information, refer to script 215, called “Charging Someone with a Criminal Offence”.

[updated October 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

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