Public Complaints
Ottawa Police Services Board
September 24, 2012
Agenda
Background
 Overview of Complaints Process
 Police Services Boards
 Communications and Outreach
 Questions

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Office of the Independent Police Review Director

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.
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Office of the Independent Police Review Director

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
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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
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
Criteria for making a public complaint:
o Directly affected person
o A witness
o A person in a personal relationship with the
directly affected person AND you suffered loss,
damage, distress, danger, or inconvenience
o 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
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
Three Doors
There are three ways public complaints can
be dealt with:
Conversation
Local Complaint/
Resolution
Formal Complaint
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Local Resolution
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Local Resolution
Local Complaint
• In Person
Fill Out and Sign:
Local Resolution
Agreement Form
Reported to OIPRD
Part V Public Complaints
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
Substantiated
Or Not Substantiated
Request OIPRD Review
Confirm
Direct Chief
Director for Disposition
Informal
Resolution
Discipline
Hearing
Appeal to OCPC
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
OIPRD Reviews

A complainant may request a review:


Upon review, the Director may:





Within 30 days of a Chief’s decision that a complaint is
unsubstantiated or “not of a serious nature”
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
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Appeals

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
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New Penalty/Offence Provisions


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
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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
Police Services Boards
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Policy and Service
Complaints
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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
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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
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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
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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
o While conducting a review, the board or committee of the
board may choose to hold a public meeting with respect to
the complaint
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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.
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
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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
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Upcoming Projects
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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
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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
Contact Details
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Contact details
Office of the Independent Police
Review Director
655 Bay Street, 10th Floor
Toronto, ON M7A 2T4
Tel: 416-327-4965 / 1-877-411-4773
Fax: 416-327-8332 / 1-877-415-4773
e-mail: OIPRD@ontario.ca
www.oiprd.on.ca
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