How To Initiate A Public Complaint Against The Edmonton Police Service
This information is not legal advice, and we cannot guarantee it is accurate, complete, or up-to-date. See our disclaimer & terms of use.
CLICK HERE TO DOWNLOAD THIS IN .PDF FORMAT. (this PDF is currently being revised and a new version should be available shortly)
Contents
Introduction
This information only applies to complaints against the Edmonton Police Service. If the complaint is against the RCMP there is a different procedure that must be followed.
Before You Start
When thinking about launching a public complaint against the police, it is important to write down detailed notes of the event as soon as possible after it happens. The complaint process often takes a long period of time to come to a decision and detailed notes help a person’s memory when their testimony is necessary after the incident. Be sure to provide all the details of the incident, including who was involved, what happened, where it occurred and when (date and time) it took place. Any witnesses to the incident should also be contacted to provide detailed statements in writing. The witness statements should be taken separately from each other.
It is essential that all the information in the statement is true and as accurate as possible, since it is against the law to make a false report to the police.
If a person was hurt because of the incident, she should visit a doctor right away after the incident. Good quality pictures of any injuries should also be taken as soon as possible. If the incident happened outside of a night club, or inside a place with video recording, make the complaint immediately, point out that video evidence exists and request that it be saved as evidence.
According to s. 43(11) of the Police Act, a complaint must be made within one year of the incident or when you came to know the incident occurred. This time limit does not apply to any incident involving possible criminal actions of the police.
Starting A Complaint
To start a public complaint against the police, the complaint must be outlined in writing and signed. It should be addressed to the Chief of Police and delivered to any police station in the city of Edmonton or to the Police Commission Office. The complaint can also be faxed or e-mailed to either office.
The issues being complained about must be clearly outlined in the written complaint because anything not in the complaint will not be investigated or looked into. Legal help may be helpful in drafting the written complaint. Note that the police have a choice in laying charges and the Professional Standards Branch will not interfere with this process.
The Investigation
After receiving the written complaint a detective will contact the complainant (the person who complained) within 30 days to conduct an in-person interview.
Having Having a legal advisor may be helpful in the interview process to address any issue that may come up.
After the interview with the complainant, the detective will ask the police officers involved in the incident to respond to the complaint. During the investigation the Chief of Police has to report to the complainant every 45 days about the progress of the investigation through a written letter.
After The Investigation
Once the investigation is complete, the complainant will get a letter of the result of the complaint.
If any part of the investigation results in criminal charges being laid against a police officer, a letter will be sent showing the criminal complaint. If criminal charges are laid, the investigation will come to an end and the criminal process will take over. If no criminal charges are laid, or once the criminal process is over, the investigation continues to determine whether any violations of the Police Act have occurred. Once this investigation is done, a letter closing the complaint will be sent to the complainant.
If violations are found, the Chief of Police may do one of two things: he can end the matter without a hearing and give an official warning to the officer or he can order that a disciplinary hearing be held.
Appeals
If the complaint results in a decision that the complainant does not agree with, it can be appealed to the Law Enforcement Review Board (LERB). If a disciplinary hearing has been ordered, no appeal to the LERB can be started until the hearing is over. An appeal must be brought to LERB within 30 days of a decision (or dismissal).
The LERB is independent of any police service and aims to provide fair hearings. The members of the LERB can call witnesses and hear evidence under oath if asked to do so but the board can decide not to accept new evidence. The LERB hearing is similar to a courtroom trial. The complainant may have a lawyer present if they wish, although it is not required. The police service and the officer will always be represented by a lawyer at the LERB hearing.
If the matter is appealed to the LERB, the complainant will receive a copy of the information that the Chief of Police had at the time he made the decision which is being appealed.
If the matter is appealed to the LERB, the complainant will receive a copy of the entire Internal Affairs file on his/her complaint before a LERB hearing is held. If upon reviewing the file, the complainant changes his/her mind, the appeal can be abandoned. A legal advisor may be of assistance when deciding to pursue or abandon an appeal to the LERB.
If the case was originally dismissed without a disciplinary hearing the LERB can direct the Chief of Police to hold a disciplinary hearing, direct him to lay a charge, direct him to have the matter investigated again, confirm the decision or take any other action they consider appropriate. The Board cannot award damages, withdraw criminal charges laid by the police or set aside convictions. The whole appeal process normally takes around 6-12 months to complete but can take longer.
It the complaint was with regard to some aspect of the Edmonton Police’s services or policies, the complaint would be made directly to the Chief of Police and the appeal would be to the Police Commission (instead of the LERB).
It is also possible to challenge a LERB or a Police Commission decision to the court but only in certain circumstances and there are strict time limitations. It is best to get legal assistance for this type of action.
Laying A Private Information
Another option, if unhappy with the result of the LERB, is laying a private information. Laying a private information includes swearing before a Justice of the Peace the charge against the officer. A judge will then hold a hearing and decide if a summons should be issued where the officer would have to appear to answer the charges. After reviewing the decision made in the investigation stage, the Crown can either proceed with or withdraw/stay the charges. Laying a private information can also be done without launching a complaint through the EPS.
Civil Suits
If a civil suit is being considered as a possible choice, it is important to keep in mind that there is a two year limitation period for any civil action. It is also important to note that complaints against the police can take some time to complete.
Referral Numbers
Edmonton Police Commission
Suite 171, 10235 101 Street
Edmonton, AB T5J 3E9
Phone: 780-414-7510
Fax: 780-414-7511
E-Mail: comission@edmontonpolicecommission.com
Website: www.edmontonpolicecommission.com
Edmonton Police Service - Chief of Police
Police Headquarters
9620 103A Ave
Edmonton, AB T5H 0H7
http://www.edmontonpolice.ca/
Edmonton Police Service - Professional Standards Branch
780-421-2676
http://www.edmontonpolice.ca/AboutEPS/EPSOrganizationGovernance/ProfessionalStandards.aspx
Lawyer Referral Services
1-800-661-1095
www.lawsociety.ab.ca/public/lawyer_referral.aspx
Student Legal Services
11011 88 Ave.
Edmonton, AB
Phone:
Main Office: 780-492-2226
Civil Office: 780-492-8244
Criminal Office (Downtown): 780-425-3356
Email: info@slsedmonton.com
Website: www.slsedmonton.com
Edmonton Community Legal Centre
900 10025 106 St.
Edmonton, AB T5J 1G4
Phone: 780-702-1725
Email: intake@eclc.ca
Website: www.eclc.ca
Law Enforcement Review Board
1502 City Centre Place
10025 102A Avenue
Edmonton, AB T5J 2Z2
Phone: 780-422-9376
Fax: 780-422-4782
E-mail: lerb@gov.ab.ca
www.solgps.alberta.ca/boards_commissions/Pages/default.aspx
CanLII: free access to statutes (including the Police Act) and case law from across Canada
www.canlii.org
