The Police Act provides the opportunity for a citizen to complain about the conduct of a police officer. The citizen must first file a complaint with the police service that employs the officer. The police service will then conduct an investigation to determine whether or not the conduct of the complained about officer constitutes misconduct. The chief of police will issue a decision letter to the citizen advising them of the outcome of the investigation and their right to appeal to the Law Enforcement Review Board if they are not satisfied with the findings.
If either the citizen or the affected officer(s) disagrees with the conclusion of the chief of police, they may appeal the decision to the board. The board will hold a public hearing into the matter and issue a written decision.
Filing a Notice of Appeal
The citizen or the affected officers have 30 days to appeal in writing to the board secretary. They must explain why the chief's decision was unreasonable, the date of the alleged conduct, the identification of the officers (if known) and a description of the incident that gave rise to the complaint. Complete contact information must be included, so the board may contact them. The appeal can be submitted in person, by fax, mail or e-mail.
Process for an Appeal
The board will notify the affected parties of the appeal, usually within 30 days. Prior to setting a hearing date the board will direct the Chief of Police to provide a copy of the information that was before him when he made his initial decision to the Board and to the parties to the appeal. On average, appeals take six to 12 months to complete.
Detailed information sheets on General Information, Filing an Appeal, Appeal Process and LERB Flow Chart, can be found in the Publications folder.