Handling of Complaints Against Policemen in Canada

• NCJ Number: 70883
• Journal: Canadian Police College Journal Volume: 4 Issue: 2 Dated: (1980) Pages: 130-147
• Author(s): R J Marin
• Date Published: 1980
• Length: 38 pages
• Sponsoring Agency: Canada Solicitor General
• Publication Format: Article
• Language: English
• Country: Canada
• Note: Text of an address given on the occasion of Colloquia on Democratization of Justice held at the University of Ottawa, Center of Criminology 1978-79

Annotation

This paper examines the police officer's role and the handling of complaints against police in Canada, with emphasis on the ombudsman concept proposed by a national commission of inquiry.

Abstract

Police officers' complex roles make them prone to complaints from citizens. For example, police officers are expected both to comply with legal mandates and to use wide discretion. During 1973 and 1974, complaints against Canadian police focused on conduct, attitude or manner, and harassment. Other complaints concerned use of excessive force, exceeding legal authority, inadequate service, and statutory offenses. Other countries have tried review boards or ombudsmen to handle such complaints. A 1974 Canadian commission of inquiry concluded that external review should be part of the handling of complaints. The commission's report emphasized that a complaint system must be accessible, that complaints must be acknowledged and pursued vigorously, and that sellements may be informal as well as formal. In addition, a police force should not be its own court of last resort; final review should be handled by an independent official. Furthermore, complaints of criminal behavior should be handled separately from other complaints. The commission recommended that a specialized police ombudsman assume the responsibility of an independent review authority. An ombudsman would be independent, would have access to official records, and would help prevent administrative abuses. Since the commission issued its report, several provinces have established the office of public protector, who functions as an ombudsman. Bills on handling complaints currently before the House of Commons and the Ontario legislature have significant weaknesses. Continuing delays in establishing an effective system for handling complaints will create hardships for many citizens. A table and 11 references are included.