Police Officer External Complaint Process Flashcards
(71 cards)
External Complaint
All complaints shall be investigated on the _____ and shall not involve an inquiry into the background of the complainant for the sole purpose of undermining the complainant’s credibility. Complainants shall not be dissuaded from making a complaint, nor shall they be made to feel that _____.
- merit and substance of the evidence
- there may be any type of retribution for filing a complaint
External Complaint
Reprisal
No person shall harass, coerce, intimidate or retaliate against, or attempt to harass, coerce, intimidate or retaliate against any other person in relation to a _____.
Any member who, in good faith, reports a breach of Service or Legislative Governance or an act of misconduct shall _____.
- complaint made or investigation conducted
- not be subject to reprisal for making such report
External Complaint
The identifies of persons involved in the disclosure of misconduct, including persons who make disclosures, witnesses and persons alleged to be responsible for the misconduct, shall be protected unless _____.
- the interest of fairness require that a person’s identify be disclosed
An external complaint against a police officer _____ be withdrawn.
- can
Pursuant to both the Community Safety and Policing Act (for misconduct matters occurring on or after _____) and the Police Services Act (for misconduct matters occurring prior to _____) all police officers involved in a conduct complaint are _____ to submit detailed statements and/or attend an investigative interview and answer questions, unless _____. These compelled statements cannot be used _____.
- April 01, 2024
- April 01, 2024
- compelled
- the member is simultaneously a respondent of a criminal investigation arising out of the same incident
- against the person making the statement in any criminal proceeding
External Complaint - Conduct Complaint
Upon request, police officers shall _____. This benefit does not apply if in the opinion of the investigative supervisor, waiting for legal _____ would cause an unreasonable delay in the investigation.
- be afforded the opportunity to confer with and/or have present during an interview, legal counsel and/or a representative of the Association
- counsel or a representative of the Association
External Complaint - Criminal (Witness)
Where a police officer is designated as a witness member in a conduct complaint involving a criminal allegation, the police officer shall supply the investigating supervisor _____, as required.
- with a detailed statement concerning the incident
External Complaint - Criminal (Respondent)
Where a police officer is designated as a respondent/subject member in a conduct complaint involving a criminal allegation, the police officer _____ supply the investigating supervisor with a detailed statement concerning the incident, but _____.
- may
- is not compelled to do so
External Complaint - Criminal (Respondent)
Where a witness member has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent/subject member, the statement shall _____. _____.
- be returned to the respondent/subject member upon demand
- No copies of the statement shall be retained by any other member of the Service, following the demand
_____ in reference to the complaint and discipline process means an allegation made by a member of the public concerning the conduct of a Service member.
- External Complaint i
_____ in reference to complaints means a supervisor assigned to investigate a complaint and includes a Unit Complaint Coordinator (UCC)
- Investigating Supervisor
_____ in reference to the complaint and discipline process means a member of the Service who is alleged to have engaged in misconduct by an act or omission where a complaint has been made and the member has been so designated by the investigating supervisor.
- Respondent/Subject Member
_____ in reference to the complaint and discipline process means a member of the Service who is not the respondent/subject member of a complaint.
- Witness Member
Prior to _____ the LECA is named the _____.
- April 01, 2024
- Office of the Independent Police Review Director (OIPRD)
The LECA manages and has carriage of all _____ involving allegations of misconduct under the Community Safety and Policing Act (CSPA). The LECA may retain the investigation of an external complaint or direct the Service or _____ to investigate the external complaint.
_____ shall be acknowledged and recorded on the prescribed LECA form
- external complaints
- another police service
- Every complaint
The Chief of Police has authorized the _____ as the LECA Liaison Officer.
- Inspector – Professional Standards (PRS) – Complaints Administration
No member shall communicate directly or indirectly with any person from the LECA unless directed by _____. All inquiries and documents shall be directed to _____.
- the LECA Liaison Officer
- the LECA Liaison Officer
_____ submitted to LECA will not be considered an external complaint but may be reviewed and considered by LECA for the purposes of a LECA initiated investigation.
- Any anonymous complaints
Any member of the public may make an external complaint. A complaint shall be made on a LECA form which can be obtained at any Service facility or on the LECA website. The LECA form can be submitted
- electronically;
- by mail;
- by fax;
- in person (or agent); or
- _____.
Complaints about a police officer from another police service and third party complaints will _____.
- by delivering the LECA form to any Service facility
- also be accepted in the above manner
External Complaint - LECA
Prior to making a formal complaint, any person permitted to make a complaint to LECA may first raise their concerns about the conduct of a police officer to the respective police service. A local response is an agreement between all parties before _____. Prior to attempting to initiate a local response, the member of the public and the respondent/subject member shall be informed that:
- _____; and
- notwithstanding the local response, _____.
- an external complaint has been lodged with the LECA
- the Service is required to send a copy of the local response summary, as well as a notification of the potential misconduct, to the LECA
- the LECA may decide to conduct an investigation into an alleged misconduct
External Complaint - LECA
A local response shall not be engaged in if:
* the concern is about the conduct of the _____;
* the member of the public has expressed _____; or
* _____ under Part X of the CSPA.
- Chief of Police or Deputy Chief of Police
- a desire to file a formal complaint under Part X of the CSPA
- it is in the public interest for the matter to be dealt with
External Complaint - LECA
A local response must:
* be resolved within _____ days of the complainant reporting to the police; and
* involve a complaint that contravenes any provision of the Community Safety and Policing Act (CSPA) or its Regulations of _____. Some examples include:
- discreditable conduct that does not involve a breach of trust;
- incivility, including allegations of unfair or biased treatment or rude or profane language;
- damage to clothing or property;
- unlawful or unnecessary exercise of authority; or
- excessive use of force that does not result in serious injury.
- thirty (30)
- a less serious nature
External Complaint - LECA
Local responses are facilitated by _____ and are to be documented on the prescribed LECA form. No record of a local response shall be placed in a police officer’s personnel file.
- a supervisor
External Complaint - LECA
An early resolution is an agreement between all parties after an external complaint has _____, but _____. It must be referred by the LECA to _____, be resolved within _____ days of the date of notice to _____, and involve a complaint that contravenes any of the provisions of the CSPA or its Regulations, of a less serious nature.
Some examples include:
- Incivility
- Miscommunication
- Aggression
- Improper use of authority
- Improper charge
- Failure to lay a charge
- Unfair or biased treatment
- Damage to property
- been lodged with the LECA
- not formalized
- Professional Standards (PRS)
- forty five (45)
- PRS