3 pages

English

Wood audit backgrounder

Anjoi

Le téléchargement nécessite un accès à la bibliothèque YouScribe
Tout savoir sur nos offres

3 pages

English

Le téléchargement nécessite un accès à la bibliothèque YouScribe
Tout savoir sur nos offres

A propos
Informations
Extrait

Description

Media Backgrounder: Police Complaint Audit February 7, 2007· Audit of a randomly selected sample of 294 lodged police complaint files that were closed between June 2003 and June 2005 taken from 11 independent municipal police departments in British Columbia. 74% of these audited complaints were from Vancouver (143) and Victo- ria (73).· No in-custody death complaint files audited · 192 interviews were conducted of police representatives (86), complainants (29) and other stakeholders. Material defects in investigations of excessive force1. There were material defects in the investigation of 33 excess force complaints. This repre- sents one-third of the total number of the excess force complaints audited, and a full two- thirds of all materially deficient investigations. (p. 43 main review, para 178 and p. 44 main review, para 182) 2. “[A]lmost one third of the complaints… involved allegations of excessive force. In none of the files we reviewed, however, was a single excessive force allegation found to have been sub-stantiated.” (Appendix C, page 41 [“C-41”])3. “[T]here were a troubling number of complaints (47) involving allegations of relatively seri- ous police misconduct that were not investigated as criminal complaints and were not sent to Crown counsel for consideration of possible charges” (C-46; see also C-37, C-49 and C-50)4. “In some of these [use of force] cases … the conclusion of the investigation seemed to coin cide ...

Informations

Publié par	Anjoi
Nombre de lectures	14
Langue	English

Extrait

Media Backgrounder: Police Complaint Audit

February 7, 2007

· Audit of a randomly selected sample of 294 lodged police complaint files that were closed

between June 2003 and June 2005 taken from 11 independent municipal police departments

in British Columbia.

74% of these audited complaints were from Vancouver (143) and Victo-

ria (73).

· No in-custody death complaint files audited

· 192 interviews were conducted of police representatives (86), complainants (29) and other

stakeholders.

Material defects in investigations of excessive force

1. There were material defects in the investigation of 33 excess force complaints.

This repre-

sents one-third of the total number of the excess force complaints audited, and a full two-

thirds of all materially deficient investigations. (p. 43 main review, para 178 and p. 44 main

review, para 182)

2. “[A]lmost one third of the complaints… involved allegations of excessive force. In none of

the files we reviewed, however, was a single excessive force allegation found to have been

sub-stantiated.” (Appendix C, page 41 [“C-41”])

3. “[T]here were a troubling number of complaints (47) involving allegations of relatively seri-

ous police misconduct that were not investigated as criminal complaints and were not sent to

Crown counsel for consideration of possible charges” (C-46; see also C-37, C-49 and C-50)

4. “In some of these [use of force] cases … the conclusion of the investigation seemed to coin

cide with the end of the six month limitation period that would ordinarily apply to summary

conviction offences [preventing complainants from bringing assault charges against police].

This could reasonably give the impression that the police had intentionally delayed the …

investigation…” (C-46)

“in more than 20 excessive force cases… the findings, conclusions or recommendations…

were either unreasonable or inappropriate or, based on the material on file, we could not con-

firm their reasonableness or appropriateness.” (C-41) “this was reflected in the DA decisions,

some of which… went against the weight of evidence on file” (C-41)

Routine police violation of Canadian law

6. “complaint files from a number of Departments… demonstrated an unawareness of, or an in-

ability or unwillingness to abide by, the legal and constitutional limits of police powers of

search and seizure…[I]n most, if not all, of these cases, no attempt was made…to follow the

other requirements under…the Criminal Code.

In virtually all such cases, complaints were

routinely dismissed without any or any significant investigation…” (C-45)

7. A number of complaints from one Department involved the practice of ‘breaching,’ i.e. arrest

ing and transporting an individual, purportedly on the basis of an ‘apprehended breach of the

peace.’

The auditors found this practice was more often based on a suspicion that the indi-

vidual was a drug dealer or was “otherwise ‘undesirable.”

Furthermore, none of files con

tained any question or comment on the legality or constitutionality of this practice, even

though it “squarely arose” in several of the complaints reviewed. (C-44)

8. “There were Departments that appeared to ignore certain clear requirements under the Police

Act…In most cases, these problems persisted for some years, which suggests that the Disci-

pline Authority was unaware of the statutory requirements, unaware that the Department was

not meeting the requirements, or consciously chose to ignore the statutory requirements.” (C-

49)

Problems with police self-investigation generally

9. “there were a number of unsubstantiated complaints in [both excessive force and] other

categories in which the findings, conclusions or recommendations…were either clearly unrea-

sonable or inappropriate”

(C-54)

10. “… there were emails or memos on file implying that the Investigators had set out to

disprove or dismiss the allegations in the complaint rather than conducting full and fair inves-

tigations.” (C-32)

11. In some instances, the summary dismissal provision “seemed to be used as a justification

for partial investigations, selectively focused on dismissing complaints.” (C-21)

“In the case

of many complaints…summary dismissal was inappropriate and a full investigation ought

to have been carried out.” (C-23)

12. In total, only 8% of complaints were substantiated and only 3% resulted in formal disci-

pline. (C-54)

13. “Although s. 52(5) of the Police Act requires a person receiving a complaint to assist the

Complainant in completing a record of the complaint… few of the records… we reviewed

documented any significant efforts by complaint takers to assist” (C-16)

14. “In one Department almost all non-lodged complaint files contained a… letter acknowl-

edging receipt of the complaint and… stating [it] would be dealt with under the Police Act but

in most cases there was no evidence this was actually done” (C-17)

15. “Many files contained a criminal background investigation of the Complainant, which was

often the first step undertaken by the Investigator…Comparable information, about Respon-

dent Officer’s discipline history, was not reflected in the file.” (C-37)

16. “In some Departments, Respondents were provided with copies of all statements or other

evidence…prior to being required to submit a duty report.” (C-40)

Problems with internal Discipline Authorities (Chiefs of Police)

17. “Our concerns arose primarily as a result of incomplete or inadequate investigations.

This, in turn, was reflected in the Discipline Authorities’ decisions, some of which were

flawed because they were based on inadequate investigations and others of which seemed to

go against the weight of the evidence on file.” (C-41)

18. “An issue common to most Departments was a failure to address, analyze or discuss the

grounds for arrest or for search.... the Discipline Authority often missed or ignored the fact

that the initial arrest or search may have been unlawful or unauthorized, making any subse-

quent use of force unacceptable…” (C-50)

19. In several cases, the Discipline Authority reduced proposed disciplinary measures even

though the default was “too serious to qualify for a pre-hearing conference and the ultimate

discipline agreed upon was unreasonably lenient.” (C-15)

Univers
Ebooks
Livres audio
Presse
Podcasts
BD
Documents

Wood audit backgrounder

YouScribe

Le catalogue

Le service

Les conditions