Canadian Association for Civilian
Oversight of Law Enforcement
June 6 - 9, 2010
Fredericton, New Brunswick
The Office of the Independent
Police Review Director

Director is appointed by the Lieutenant Governor in
Council on recommendation of the Attorney General

Director cannot be a police officer or former police
officer

Employees of the OIPRD are appointed under the
Public Service Act and cannot be serving police officers

Creates a mandatory police liaison officer position

The Chief of Police retains the responsibility for
disciplinary hearings and imposition of discipline
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Intake of Complaints

The OIPRD reviews all complaints received to determine
whether it is policy, service or conduct complaint

Minor complaints can be resolved locally and then reported to
the OIPRD

The OIPRD will not be involved in any internally lodged “Chief’s
complaint”

Complaints must be filed within six months of the incident

The Director has the discretion to deal with complaints beyond
the current deadline of six months but must consider:

Is the complainant a minor or under a disability?

Was the complainant charged criminally in relation to the
complaint?
AND

Is it in the public interest to deal with the complaint?
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Local Resolution
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Local Resolution



Local Resolution (Local Complaints) matters may relate to:

The conduct of a police officer

The policies or services of a police department
Before accepting a complaint for local resolution, the police
service must:

Advise the complainant that they may make their complaint to the
OIPRD

They may be required to take their complaint to the OIPRD if it
cannot be resolved locally

Provide the complainant with the information concerning the
OIPRD
Local complaints must be made in person
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Local Resolution
Contact
• In Person
• By Phone
Not Required to
Report
Local Complaint
Local Inquiry
• In Person
• In Person
Fill Out and Sign:
Local Resolution
Agreement Form
Refusal to
Sign Form
Reported to OIPRD
Part V Public Complaints
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Complaints Filed with the OIPRD
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Filing a Complaint

Complaints must be submitted on the OIPRD
complaint form

A person can file a complaint directly with the
OIPRD

A person can also file a complaint at any
municipal, regional or provincial police service
in Ontario

The police must then forward the complaint
form to the OIPRD within three business days
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Who can Complain

A complaint may be dismissed if the complainant is not one of
the following:

The person directly affected

A witness

Someone in a personal relationship with the person directly
affected AND suffered loss, damage, distress, danger or
inconvenience

A person who has knowledge of the conduct, or has possession of
something that the Director feels is compelling evidence
establishing misconduct or unsatisfactory work performance

As a result, more than one person could file a complaint about
the same incident

In such a case, the OIPRD may consider whether it would
make sense to consolidate the complaints
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Consolidation of Complaints

Complaints may be consolidated where they pertain to
the conduct of the same police officers that affects the
same persons

Only one investigation would need to occur

All of the complainants will be so advised of the
consolidation

One complainant will be deemed to be the “primary
complainant”

-
This is usually the most directly affected party
-
Only the primary complainant will be able to make decisions
with respect to the complaint
All complainants will be advised of the final outcome of that
complaint
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Screening the Complaint

Complaint is classified and screened pursuant to
sections of the Police Services Act (PSA)

If the complaint is screened out the OIPRD:


Will document the reasons and send a decision letter
indicating why the complaint was not accepted to the
complainant, respondent officer and the Chief, who also
receives a copy of the complaint
If the complaint is screened in the OIPRD:

Will determine who will investigate – the OIPRD, the police
service in question, or another service

Send a decision letter to the complainant, respondent
officer and the Chief
-
The package for the Chief will also include a copy of the
complaint and a redacted copy for the respondent officer.
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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

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

If a complaint is made about a local policy of an OPP
detachment that is providing policing services to a municipality,
or provincial policies or services of the OPP, the OIPRD will
screen the complaint then send it to the OPP headquarters

After determining his or her response, the OPP detachment
commander must submit a written report, with reasons, to the
board, the OIPRD and the complainant
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Investigations
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Investigations

The OIPRD has standardized investigative
reports throughout the province

As part of oversight, the OIPRD will ensure:

Investigative reports have all information required
and reporting is consistent throughout Ontario

All steps have been taken to make sure a thorough
investigation has occurred

Director has authority to pull back
investigations

Complainants and respondent officers will
receive a copy of the completed investigative
report
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Results of an Investigation by Police Service
CONCLUSION

Whether a police Chief or the OIPRD has investigated, they will decide,
based on Reasonable Grounds, if a complaint is:

substantiated/unsubstantiated

serious/less serious

Where a Chief finds that the conduct was of a serious nature he/she
must hold a hearing

Where a Chief deems the complaint unsubstantiated or not serious the
complainant may request a review of the Chief’s decision (30 days)

Where the OIPRD has investigated, it will report the findings to the
Chief, then:

Where the conduct was serious in nature the Chief must hold a
hearing

If the conduct was less serious the matter may be resolved
informally or disposition without a hearing
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OIPRD Powers
OIPRD has the authority to:

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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Other OIPRD Powers

Can direct the Chief or board to deal with complaint as
specified

Direct the Chief or board 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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Reviews
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Request for Reviews
Policy Complaints

A complainant may request a review in writing to the board within 30 days of
receiving the report from the police Chief or the detachment Commander

Police service boards will:

Review the complaint; take any action, or no action, in response to the complaint, as
considered appropriate

Notify the complainant, Chief or Commander and the OIPRD in writing of the response to
the complaint, with reasons
Conduct Complaints

The complainant may ask the OIPRD for a review within 30 days of a Chief’s
decision that the conduct complaint is unsubstantiated or not of a serious nature

If the OIPRD agrees with the Chief, it will confirm the decision

If the OIPRD does not agree, the Director may give the Chief directions

Assign or take over the investigation

Direct a hearing into the matter

The OIPRD will notify all parties of the decision

The OIPRD decisions are final

There is no review of a classification or investigation by the OIPRD
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Disciplinary Hearings
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Disciplinary Hearings and Appeals Decisions

The Chief retains the responsibility for
disciplinary hearings and imposition of
discipline

Under the Police Services Act, police
Chiefs and police services boards are
required to provide copies of disciplinary
hearing decisions to the OIPRD

The OIPRD will post the decisions on its
website
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OIPRD – First Nine Months

OIPRD opened to the public on October 19, 2009

Local Resolution has been utilized well as an alternate to formal complaints.
We are seeing resolution after meetings between complainants and
respondent officers indicating satisfaction with having open discussion

OIPRD and police services have been working well together to resolve
complaints and conduct effective investigations

Meetings and participation from Respondent/Witness officers have been
forthcoming and cooperative – so far no negative feedback

Established timelines are being met by all involved

Respondent/Witness officers appear to receive early and sufficient notice of
complaints

OIPRD continues to engage police services and the public especially in
training programs

The investigative process has been made uniform with the same report
format being used throughout Ontario
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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
Fax: 416-327-8332
e-mail: OIPRD@ontario.ca
www.oiprd.on.ca
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