OCASI EXECUTIVE DIRECTORS’ FORUM

November 3, 2009

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Agenda

BackgroundOverview of complaints processCommunications and Outreach

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History

In 2004, the Ontario Government asked the Honourable Patrick LeSage to conduct an independent review of the public complaints system in Ontario

The LeSage Report contained 27 recommendations centred around the creation of a new independent body to administer public complaints about the police in Ontario

The Independent Police Review Act, 2007 was passed in May 2007

The Director, Gerry McNeilly, was appointed in June of 2008 and began assembling a transition team to implement the legislation and develop the organization from the ground up

The legislation was proclaimed on October 19, 2009 and the OIPRD officially opened its doors to the public

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OIPRD

Arms length body within the Ministry of the Attorney General

The Director is independent of the government, the police and the public

Ministry of the Attorney General provides funding for the OIPRD

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

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Key Components of Bill 103

Establishes 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

Employees of the OIPRD are appointed under the Public Service Act and cannot be serving police officers

The Chief of Police retains the responsibility for disciplinary hearings and the imposition of discipline

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Complaints Process

Who can make a complaint?

A complainant is any member of the public who lodges a complaint about the policies or services of a police department or the conduct of a specific officer(s)

You do not have to be a resident of Ontario to lodge a complaint

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Complaints Process

You can make a complaint about a police officer if you:

Have a concern or were offended by something a police officer(s) said or did to you

Were a witness to an incident involving a police officer(s) that concerned or offended you

Are concerned or distressed as a result of the way a relative or friend has been treated by a police officer(s)

Are acting on behalf of an individual listed above, for example a member of an organization, who has been given written permission to make a complaint on another’s behalf

Have a complaint that a police department has not provided proper service

Have a complaint about a policy of a police department

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Complaints Process

Who can be the proper subject of a public complaint?

Only police officers as defined in Section 2 of the Police Services Act are subject to the Independent Police Review Act

Section 2 sets out that a police officer includes a Chief of Police, or any other sworn police officer, but does not include a special constable, a First Nations constable, by-law enforcement officer or an auxiliary (civilian) member of a police force

Police cadets are not considered police officers, and are not subject to the Independent Police Review Act

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Screening

A complaint may be dismissed by the OIPRD under section (60) if it is determined: to be frivolous, vexatious or 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

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Six Months

The Director may decide 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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Third-Party Complaints

The Director may decide not to deal with a third party complaint based on certain criteria

Each third party complaint will be assessed individually based on the circumstances

Complaints determined by the OIPRD to be too remote from the situation will be screened out

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Conduct Complaints

The OIPRD decides who investigates public complaints

Complaints about the conduct of officers, other than Chiefs and Deputy Chiefs, may be investigated by the OIPRD, the service in question or another service

The OIPRD will decide on a case-by-case basis who will investigate, using OIPRD guidelines

There will be an emphasis on mediation and trying to settle complaints through informal resolution

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Conduct Complaints

At anytime during an investigation the Director has the power to:

direct the Chief to deal with the complaint as he/she specifies

assign the investigation to another police service

take over the investigation

direct the Chief to take other actions as he/she deems necessary or take the action him/herself

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Results of a Conduct Investigation

Where a complaint is sent to a police service for investigation the Chief of the service generating the complaint will decide, based on reasonable grounds, whether it is:

• substantiated/unsubstantiated

and if substantiated, whether:

• serious/less serious

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Results of a conduct investigation

Where the conduct is less serious the matter may be resolved informally if the Chief, the officer and the complainant consent

Where the conduct is serious the matter must go to a hearing

The officer and complainant have a 12-day cooling-off period to withdraw consent after informal resolution agreements

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Results of a conduct investigation

Where the OIPRD has investigated, they will report the findings to the Chief stating:

whether the complaint was unsubstantiated or, on reasonable grounds, there was misconduct

And if misconduct is found:

whether the conduct was serious/less serious

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Results of Conduct Investigation

Where the conduct was serious in nature the Chief must hold a hearing

If the conduct was determined by the Director to be less serious the matter may be resolved informally if the Chief, the officer and the complainant consent

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Policy/Service Complaints

All policy/service complaints must be recorded on the OIPRD Complaint Form and forwarded to the OIPRD

After screening, the OIPRD is required to refer policy/service complaints back to the Chief for investigation

All policy/service complaints will be the subject of a written report and complainants and the OIPRD will always be notified of disposition

Complainants will have the right to ask the appropriate Police Services Board for a review of the Chief’s decision

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OPP Provincial Policy/Service Complaints

After screening by the OIPRD, complaints about provincial OPP policies and services will be forwarded to the Commissioner

The Commissioner must notify the complainant and the OIPRD of the decision

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Reviews

OIPRD Reviews 

You have 30 days from the day you were notified, to request a review by the OIPRD if:

The Chief of Police/Commissioner of the OPP has determined your complaint is unsubstantiated (there may not be enough evidence)

The Chief of Police/Commissioner of the OPP has determined your complaint is not of a serious nature

● You may not appeal a classification or investigation by the OIPRD

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Reviews by the OIPRD

Upon review the Director may:

confirm the decision

direct the Chief to deal with the complaint as he/she specifies

assign the investigation to another service

take over the investigation

direct the Chief to take other actions as he/she deems necessary, or take action independently

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Penalty/Offence Provisions

Certain disciplinary penalties will be combinable

New offences will be created:

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

No prosecutions of these offences can be commenced without the consent of the Attorney General

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Other OIPRD RolesIn addition to processing and investigating public complaints, the OIPRD is responsible for setting up and administering the public complaints system. This includes:

Oversight

The OIPRD’s oversight role begins with the receipt of a public complaint and continues to the end of the investigation. The Chiefs of Police and Commissioner of the OPP are still responsible for discipline of police officers and holding disciplinary hearings

Systemic Reviews and Audits

The OIPRD will work to identify and offer solutions to systemic or ongoing issues within the police service and will be responsible for performing audits to ensure the complaints system is being administered effectively.

Education and Outreach

Our office is responsible for teaching the public and the police about the complaints system. The OIPRD also needs feedback from the public – both community members and police – who have been involved in the public complaints process

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Local ResolutionWhat is Local Resolution?

Local Resolution involves complaints that are not part of the public complaints system and are called Local Complaints

Local Resolution is when you choose to go directly to the police service in question with your complaint and come to an agreement about how to resolve your complaint

Before agreeing to participate in Local Resolution, you must be told about the OIPRD and agree to participate in Local Resolution instead of filing a complaint with the OIPRD

You do not have to use or participate in Local Resolution

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Information brochures OIPRD has four information brochures available in

English and French: How to file a complaint

Includes complaint form How to request a review

Includes request for review form Settling your complaint by Local Resolution

Includes Local Resolution Forms General Information Brochure

Available in eight additional languages

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Brochure availability

Brochures will be displayed and made available at every police station in Ontario

Materials will also be available at Service Ontario locations throughout the province

On the OIPRD website, and

At many community centres and legal clinics

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Filing a complaint You can file the form directly with the OIPRD:

Online through our secure website

By sending the completed form by mail to our office

By faxing the completed form using our toll-free fax line

In person at our office

You may also submit a completed complaint form to any regional, municipal or provincial police station in Ontario. The police will then forward your complaint to the OIPRD

All complaints must be submitted on the OIPRD complaint form

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OIPRD website Our website was designed to provide comprehensive information on

the public complaints process. The website includes:

Easy access to online filing

All printed materials available (including access to large print brochures)

Sections outlining all OIPRD functions

Ability to check the status of a complaint that has been filed

Meets government accessibility standards (adapts font size, ability to screen read, etc.)

In both English and French

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Outreach & Education

We are in the process of developing an outreach and education program for the province

We plan to have regional outreach and education advisors responsible for each of the administrative regions of the province

We also plan to hire part-time investigators placed throughout the province

We welcome your requests to meet with your organizations to provide information on the OIPRD

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Outreach and Education As the OIPRD begins a new system of public oversight in Ontario,

we want to promote greater openness, accountability, confidence and respect for both the police and the community in the public complaint system

At this time there will not be regional offices

Part-time investigators will be placed throughout the province

Outreach and education advisors will be responsible for delivering programs throughout the province

We are developing an outreach and education program for the province

The OIPRD will work with the police and community to ensure our program helps meet the needs of all stakeholders

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Contact Details

Office of the Independent Police Review Director655 Bay Street, 10th FloorToronto, ON M5G 2K4Tel: 416-327-4965Fax: 416-327-8332e-mail: OIPRD@ontario.ca

www.oiprd.on.ca