Public Complaints

1. Public Complaints Ottawa Police Services Board September 24, 2012

2. Background Overview of Complaints Process Police Services Boards Communications and Outreach Questions Agenda 2

3. Arms length body within the Ministry of the Attorney General The Director is independent of the government, the police and the public Director is accountable for an annual report to the Minister Director has autonomous authority on operations of the OIPRD and administration of Part V complaints The Independent Police Review Act, 2007 was passed in May 2007, which establishes the Independent Police Review Director The Director, Gerry McNeilly, was appointed in June of 2008 The legislation was proclaimed on October 19, 2009 and the OIPRD officially opened its doors to the public on that day. Office of the Independent Police Review Director 3

4. The Director is appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General He or she cannot be a police officer or former police officer The Chief of Police or Commissioner of the OPP retains the responsibility for disciplinary hearings and the imposition of discipline Complaints must be filed within six months of the incident the complaint is about Office of the Independent Police Review Director 4

5. Who can you complain about? • ‘Police officers’ as defined in the Police Services Act, this excludes: special constables, First Nations Constables, or civilian members etc. • A police force [the policies of, or services provided by the police force] • A chief of police or deputy chief of police • OPP Commissioner or deputy Commissioner

6. Who can make a complaint? • Any member of the public can make a complaint and you do not have to be a resident of Ontario

7. Criteria for making a public complaint: • Directly affected person • A witness • A person in a personal relationship with the directly affected person AND yousuffered loss, damage, distress, danger, or inconvenience • A person who has knowledge of the conduct, or has possession or control of anything, that the Director feels constitutes compelling evidence establishing misconduct or unsatisfactory work performance

8. Screening Process • A complaint may be dismissed by the OIPRD under section (60) if it is determined: • To be frivolous, vexatious or made in bad faith • The complaint could be dealt with more appropriately under a different act or law • It is not in the public interest to deal with the complaint • The Director can accept or deny a complaint at his/her discretion

9. Three Doors There are three ways public complaints can be dealt with: Conversation Local Complaint/ Formal Complaint Resolution

10. Local Resolution

11. Local Resolution Local Complaint • In Person Fill Out and Sign: Local Resolution Agreement Form Reported to OIPRD Part V Public Complaints

12. Formal Part V Public Complaint Office of the Independent Police Review Director Reviews, Screens, and Delegates ALL Complaints Dismissed – No Further Action Investigation by Same Service (Or by Other Service) Investigation by OIPRD Chief for Disposition Director for Disposition Substantiated Or Not Substantiated Informal Resolution Discipline Request OIPRD Review Hearing Appeal to OCPC Confirm Direct Chief

13. Results of an Investigation • The Chief of Police or the OPP Commissioner retains the responsibility for disciplinary hearings and imposition of discipline • Investigations take approximately 120 days to complete, however more complex cases can take longer • Where a chief believes on reasonable grounds that serious misconduct or unsatisfactory work performance occurred, he or she must order a disciplinary hearing. • If the Director substantiates serious misconduct he or she will direct the Chief to order a hearing

14. A complainant may request a review: Within 30 days of a Chief’s decision that a complaint is unsubstantiated or “not of a serious nature” Upon review, the Director may: Confirm the decision Direct the Chief to deal with a complaint as he/she specifies or take action independently Assign the investigation to another service Take over the investigation The Director will notify all parties of the decision OIPRD Reviews 14

15. A complainant may appeal: The result of a disciplinary hearing by the police service to the OCPC To the police services board if they do not agree with a Chief’s decision about a policy or service complaint There are no appeal provisions in the PSA to classifications or investigations conducted by the OIPRD In addition there are no appeals of any of the Director’s decisions Appeals 15

16. New offences have been created to prevent: Harassment, coercion, or intimidation in relation to a complaint Intentionally hindering or obstructing or providing false information to the Director or an investigator Attempts to do any of the above Prosecutions of these offences can be commenced with the consent of the Attorney General New Penalty/Offence Provisions 16

17. Filing a Complaint • Complaints must be filed within six months of the incident the complaint is about • You can file a complaint directly with the OIPRD: • At www.oiprd.on.ca • By fax • By mail, or • In person at the Office of the Independent Police Review Director • You can also file a complaint at any municipal, regional or provincial police service in Ontario • The police will then forward the complaint form to the OIPRD within three business days

18. Police Services Boards

19. Complaints Sent Directly to Boards • All complaints sent to a board directly, must be forwarded to the OIPRD within three business days • Complaints must be submitted on the OIPRD complaint form • The board should not take any other steps to address the complaint

20. Conduct Complaints about Chiefs and Deputy Chiefs • Conduct complaints about municipal Chiefs and Deputy Chiefs are sent to the respective police services board after initial screening by the OIPRD • The board must review all complaints referred by the OIPRD. If, after review, the board: • Is of the opinion that no misconduct occurred, no action will be taken • If the police services board is of the opinion that the allegation could constitute misconduct then it must be returned to the OIPRD for an investigation

21. Conduct Complaints about Chiefs and Deputy Chiefs • Where the OIPRD conducts an investigation, the OIPRD must provide a written report to the board • The report will indicate whether: • The complaint is unsubstantiated • The complaint is substantiated

22. Conduct Complaints about Chiefs and Deputy Chiefs • If the complaint is unsubstantiated, the board shall: • Take no action in response to the complaint • Notify the complainant and the Chief or Deputy Chief in writing of the decision, with a copy of the written report • If, on reasonable grounds, the complaint is substantiated, the Director will: • Refer the matter to the board • Indicate if the misconduct or unsatisfactory work performance was serious or less serious

23. Conduct Complaints about Chiefs and Deputy Chiefs • If the complaint is substantiated, and the conduct or unsatisfactory work performance is serious, the board must either: • Hold a hearing into a matter, or • Refer the matter to the Ontario Civilian Police Commission to hold the hearing • Notify the OIPRD that a hearing is to be held

24. Conduct Complaints about Chiefs and Deputy Chiefs • If the complaint was not of a serious nature, it may be resolved informally without holding a hearing • The Chief/Deputy Chief and the complainant must agree • To do Informal Resolution the board must: • Complete an “Informal Resolution Agreement” form, signed by the Chief/Deputy Chief and the complainant • Wait 12 business days for the cooling-off period to expire

25. Conduct Complaints about Chiefs and Deputy Chiefs • Where the Chief/Deputy Chief and complainant consent to an Informal Resolution and do not revoke, the board must: • Send the OIPRD the completed Informal Resolution agreement • Send any other information requested by the OIPRD • Once this is completed, the complaint is considered resolved • If consent to Informal Resolution is revoked or not given, the board must: • Provide the Chief/Deputy Chief with reasonable information about the finding of misconduct or unsatisfactory work performance • Give the Chief/Deputy Chief an opportunity to respond in writing or orally

26. Conduct Complaints about Chiefs and Deputy Chiefs • The board may then resolve the complaint by: • Imposing on the Chief or Deputy Chief one or more penalties as specified in the Police Services Act • Making entries in the employment record unless the Chief/Deputy Chief refuses to accept the disposition • If the Chief/Deputy Chief accepts the disposition, the board must provide notice of the penalties or action taken to the OIPRD

27. Chief/Deputy Chief’s Refusal to Accept the Disposition • If the Chief/Deputy Chief refuses to accept penalties or action taken, the board must: • Hold a hearing, or • Refer the matter to the Ontario Civilian Police Commission to hold a hearing • Notify the OIPRD that a hearing is to be held

28. Policy and Service Complaints

29. Policy and Service Complaints about Municipal Police Services • The OIPRD must refer policy and service complaints to the Chief of the concerned police service • Within 60 days of receiving a policy or service complaint, the Chief must: • Review the complaint • Determine what action to take, if any, and take that action • Notify the complainant, the OIPRD and the board in writing of what was done, with reasons • Inform the complainant that they may request a review by the relevant police services board • The Chief may request a 60-day extension before the initial period has expired

30. Reviews of Policy and Service Complaints • A complainant may request a review in writing to the board within 30 days of receiving the report from the Chief • The board must verify the complainant submitted the request within 30 days • If the request is not received in 30 days, the board should notify the complainant the deadline has passed and no review will take place • If it was submitted on time, the board must advise the Chief of the request

31. Procedures for Reviews • If the police services board has more than three members there are two options to follow: OPTION #1 • Review the complaint • Take any action, or no action, in response to the complaint, as considered appropriate • Notify the complainant, the Chief and the OIPRD in writing of the response to the complaint, with reasons

32. Procedures for Reviews • OPTION #2 • Appoint a committee of at least three members (two of whom constitute a quorum) to review the complaint and make recommendations to the board after the review is complete • After considering the recommendations of the committee, take any action, or no action, in response to the complaint, as considered appropriate • Notify the complainant, the Chief and the OIPRD in writing of the response to the complaint, with reasons • While conducting a review, the board or committee of the board may choose to hold a public meeting with respect to the complaint

33. Audits and Systemic Reviews • To ensure that police policies and services are meeting the needs of the public they serve, the OIPRD may require a police services board to submit a performance audit (PSA section 91). • A performance audit is an audit of how a police service is dealing with public complaints and is conducted, at the board’s expense, by an independent auditor and may be under the direction of the OIPRD. The OIPRD will make the results of all audits available to the public. • Under section 57 of the PSA, the OIPRD has the authority to conduct investigations into systemic issues related to complaints from the public.

34. OIPRD Powers • Can direct the Chief or board to deal with complaint as specified, or to take other actions as he/she deems necessary or take the action independently • Order a hearing into a complaint • Assign the conduct of a hearing about a Chief or Deputy Chief to Ontario Civilian Police Commission • Conduct investigations into systemic issues related to complaints from the public • Conduct audits on how services are dealing with complaints

35. OIPRD Powers • Search and Seizure powers: • Search police premises and vehicles with or without a warrant • Search other places with a warrant • Summons persons or things under the Public Inquiries Act

36. Upcoming Projects

37. Mediation • OIPRD is currently establishing a mediation program to assist in less serious complaints • Less formal structure for matters in the process of local resolution • More formal structure for informal resolution • Community-based form of mediation, with its facilitative and transformative style of mediation answers the requirements for the dual structure that the OIPRD has envisioned

38. Outreach and Education • Outreach and education sessions are presented to all stakeholders across the province including both community groups and police groups • In 2011-2012, Regional Outreach and Education Advisors (ROEAs) made 275 presentations to stakeholder groups • ROEAs also participated in a number of conferences, workshops, and visited over 60 community organizations, libraries, MPP and MP offices to provide information and communications material about the OIPRD

39. Contact Details 39

40. Contact details Office of the Independent Police Review Director655 Bay Street, 10th FloorToronto, ON M7A 2T4Tel: 416-327-4965 / 1-877-411-4773 Fax: 416-327-8332 / 1-877-415-4773 e-mail: OIPRD@ontario.ca www.oiprd.on.ca 40