Resolving Complaints
Your guide for filing complaints about Police Conduct, Services and Policies in Ontario.
Defining a Complaint

There are two kinds of complaints.
They relate to:
1. Policies, of or services provided by a police service
2. Conduct of a police officer.

Making a Complaint
Only the person directly affected by the incident may make a complaint.
A complaint must be in writing and must be signed by the person making the complaint. You may write your complaint in a letter or you may use a standard form, which you can obtain from any police station or from the office of the Ontario Civilian Commission on Police Services (OCCPS) in Toronto.

Off-Duty Complaints
A complaint may be filed about the conduct of an off-duty officer; however, there must be a connection between the conduct and either the duties of a police officer or the reputation of the police service.

Time Limits
You must usually make a complaint within 6 months after the incident happened.

Delivering Your Complaint
A complaint must be mailed, faxed or delivered to any municipal police station or detachment, officer of the police service named in the complaint, or to the Commission office.

All complaints about the conduct of a municipal Chief of police or deputy Chief should be referred to the local Police Services Board. All complaints about the conduct of the Commissioner of Deputy Commissioner of the Ontario Provincial Police should be referred to the Minister of Public Safety and Security.

If a complainant chooses to send a complaint to OCCPS, the complaint will be forwarded to the police service whose responsibility it is to process it.

Informal Resolution
Less serious complaints about an officer's conduct may be resolved by way of an informal resolution. This involves bringing the complainant and subject officer together to hear each other's concerns. Such a resolution requires the mutual consent of the complainant and subject officer, and the approval of the Chief of police. An informal resolution of a complaint is an option that is available at any time during the process; i.e., before, during or after an investigation.

Withdrawing a Complaint
You may withdraw a complaint by writing to the police service or to the OCCPS; however, a Chief of police or Commissioner of the Ontario Provincial Police may continue to deal with the complaint if it is felt that the allegation should be investigated further.

Dealing with the Complaint
Initially, a Chief of police or the Commissioner of the Ontario Provincial Police must determine if the complaint concerns the policies of or services provided by the police service or the conduct of an officer.

The Chief/Commissioner may decide not to deal with the complaint for one of three reasons:

The Chief of police or Commissioner of the Ontario Provincial Police must determine within 30 days how a complaint is to proceed.

Review of the Decision
A complainant may request that OCCPS review the Chief's or OPP Commissioner's decision if they decide not to deal with the complaint.

You must write or fax the OCCPS to request a review within 30 days of being informed of the decision of the Chief of police or Commissioner of the Ontario Provincial Police. You should provide as much information as possible, including reasons for requesting the review and any background documents or records.

The Commission may uphold the decision of the local Chief of police or Commissioner of the Ontario Provincial Police, refer it back to the Chief of police or Commissioner for investigation, or, assign the investigation of the complaint to another police service. There is no appeal from OCCPS' decision.

Complaints about Policies or Services
Complaints about the policies of or services provided by a municipal police service will be referred to the Chief of police who must report to the local Police Services Board what action, if any, was taken. In the case of the Ontario Provincial Police, complaints about local policies are dealt with by the local detachments, while complaints relating to province-wide policies are referred to the OPP Commissioner.

If you disagree with the initial classification of your complaint as being about "policies or services" rather than "conduct", you may request that OCCPS review the decision. You must make your request in writing or by fax within 30 days of being notified. Following an investigation of the complaint relating to "policies or services", if you are not satisfied with the decision of the Chief or OPP detachment commander, you may request a review by the local Police Services Board.

Complaints about Conduct
A Chief of police must ensure that every conduct complaint is investigated (unless, as noted earlier, the Chief has decided not to deal with it).

After the investigative report is completed, a Chief of police may:

A Chief of police must hold a hearing if the officer's actions are believed to constitute serious misconduct or unsatisfactory work performance of a serious nature.

A Disciplinary Hearing
When a Chief of police orders a disciplinary hearing, an officer of equal or higher rank than the officer named in the complaint, or a legal counsel or agent, is appointed by the Chief to present the evidence. You will be advised about your participation at the hearing. A senior police officer or former police officer of the rank of inspector or above acts as a hearing officer to consider the evidence and decide the outcome of the complaint.

An officer found guilty of misconduct faces a range of penalties from reprimand to dismissal. An officer may also be directed to undergo specified counseling, treatment or training.

Dissatisfied with Hearing Decision
A complainant or the police officer named in the complaint may appeal to the Ontario Civilian Commission on Police Services within 30 days of the decision at a disciplinary hearing. A complainant can appeal if the officer's misconduct or unsatisfactory work performance was not established. However, consent is required from the OCCPS if a complainant wishes to appeal the "penalty" imposed by a hearing.

The OCCPS will hold a hearing and may confirm, vary, or revoke the decision and substitute its own decision. The complainant or the police officer may appeal the Commission's decision to Divisional Court within 30 days.

Integrity Assured
The local Police Services Boards will receive regular reports from the Chief of police and review his or her administration of the complaints system. As well, the OCCPS may, at any stage in the complaints process, act on its own initiative and direct a Chief of police how to process a complaint, or, assign the investigation to another police service. Also, a complainant has the right to ask for a review by OCCPS at different stages of the process.