Police-Encounters-With-People-In-Crisis

46. Upon receipt of a complaint from a member of the public against a police officer,
the Chief of Police must ensure an investigation is conducted and must review a written
report of the findings. 30 If the complaint is unsubstantiated, the Chief of Police must
notify the complainant, the officer and the OIPRD that no action will be taken. 31 If the
investigation reveals misconduct that is not “of a serious nature,” the Chief of Police may
resolve the complaint informally with the consent of the complainant and the officer. 32
Similarly, local complaints can be addressed by way of alternative dispute resolution
with the consent of the officer and the complainant. 33 Penalties imposed by way of
informal resolution are expunged from the officer’s employment record after two years
if there are no subsequent findings of misconduct. 34 If the report provides reasonable
grounds to believe the officer’s conduct constitutes misconduct or unsatisfactory work
performance, the Chief of Police “shall hold a hearing.” 35
47. The Chief of Police may make a complaint about any member of the TPS other
than a deputy chief and, subject to approval by the TPSB, may ask another police service
to conduct the investigation of such a complaint. 36 When a complaint is made against
the Chief of Police or a Deputy Chief of Police, the TPSB is required to review the
matter. 37 If the Board finds the impugned conduct may constitute misconduct,
unsatisfactory work performance, or an offence under a provincial or federal law, the
OIPRD must investigate and issue a written report. 38 Upon receipt of the OIPRD report,
the TPSB has the same powers to dismiss the complaint, resolve it informally, or refer
the issue to a hearing. 39
48. This Review is not focused on complaints filed by members of the TPS against
their colleagues. However, the 2003 the Ferguson Report did note that it is critical to
create a safe environment for whistle blowers in order to establish a proactive system for
detecting misconduct within the Service. 40 The kind of culture shift required to prevent
the stigmatization of officers who report misconduct perpetrated by their peers will take
time and commitment from senior management. This process can be aided, however, by
including information in internal training and reference material on how to make a
complaint or report misconduct committed by another officer. TPS must also hold
supervisors accountable for failing to identify and rectify behaviour that falls short of the
expected standards, especially with respect to incidents involving people in crisis.
30
PSA, id., s. 66(1).
31
Id., s. 66(2).
32
Id., s. 66(4).
33
Complaints, supra note 29, s. 4.
34
PSA, supra note 29, s. 66(12).
35
Id., s. 66(3).
36
Id., s. 76(1)(4).
37
Id., s. 69(1).
38
Id., s. 69(2).
39
Id., s. 69(4)(8)(9).
40
Ferguson, Review, supra note 8 at 27.
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