POLICE COMPLAINTS
administrative law
PATH has experience in police complaints against municipal police and the RCMP where there is a nexus of race or gender discrimination. PATH aims to make the complaint system more accessible and to hold police departments accountable for their misconduct.
Should I submit a police complaint or a lawsuit?
Police complaints and lawsuits each offer different potential outcomes. Police complaints can lead to disciplinary actions such as suspensions, written apologies, or additional training for officers. Earning financial compensation requires pursuing and winning a lawsuit.
PATH has experience translating a police complaint into a lawsuit where police have caused serious and lasting harm. Depending on the circumstances, it may also be possible to pursue both a complaint and a lawsuit. Contact us today for a consultation to determine your best plan of action.
The Process
SUBMIT A COMPLAINT
A complaint is made by an individual(s) affected by the police misconduct.
INFORMAL RESOLUTION
Informal resolution between the affected individual and the involved officers will be attempted.
INTERNAL INVESTIGATION
Every complaint is received by the responsible police department and will be investigated. An investigation report will be created and will list any disciplinary sanctions recommended for the involved officers.
REVIEW BY COMMISSIONER
Where the affected individual is not satisfied with the result of the investigation, they may appeal the decision to an oversight body for further investigation. The oversight body will also decide if the complaint should be dealt with through a public hearing or not.
PUBLIC HEARING
Where a complaint is referred to a public hearing, both the affected individual and the involved officers will present evidence and arguments to a panel of decision makers. The panel of decision makers can decide disciplinary sanctions (if any) to give to the involved officers.
Possible Remedies
A remedy agreed to by both parties through informal resolution.
Disciplinary sanctions will be imposed on involved officer(s).
Such as ordered resignation, reduction in pay, suspension for 30 days or less, ordered counselling or training.
Where possible, the complaint may be made into a civil lawsuit to try and get financial compensation.
How PATH can help
PATH can provide summary advice to a person who is contemplating or has filled out a police complaint form.
PATH can provide legal assistance and representation throughout the complaint process.
PATH can provide legal representation at a public hearing.
PATH can translate a police complaint into a civil lawsuit
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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