Ed Office Of The Independent Police Review Director (Oiprd) And Siu E1

OCASI EXECUTIVE DIRECTORS’ FORUM November 3, 2009

Agenda
Background
Overview of complaints process
Communications and Outreach

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

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

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

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

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

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

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

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?

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

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

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

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

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

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

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

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

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

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

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

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

Other OIPRD Roles
In 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

Local Resolution
What 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

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

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

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

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

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

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

Contact Details
Office of the Independent Police Review Director 655 Bay Street, 10th Floor Toronto, ON M5G 2K4 Tel: 416-327-4965 Fax: 416-327-8332 e-mail: [email_address]
www.oiprd.on.ca

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Ed Office Of The Independent Police Review Director (Oiprd) And Siu E1

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Ed Office Of The Independent Police Review Director (Oiprd) And Siu E1 — Presentation Transcript