Police Services - Complaints

Resolving Complaints

A Guide to Filing Complaints about Police Conduct, Services and Policies in Ontario.
The Ontario Civilian Commission on Police Services (OCCPS) is an independent civilian quasi-judicial agency that reports to the Minister of Public Safety and Security. It is responsible for ensuring the adequacy and effectiveness of policing services. Ultimately, chiefs of police, members of police services and police services boards are accountable to the public through OCCPS.

To reach the Ontario Civilian Commission on Police Services:
In the Greater Toronto area:
Telephone: 416-326-1189
Fax: 416-314-2036

Outside the Greater Toronto area:
Toll-free: 1-888-515-5005
Toll-free fax: 1-888-311-7555

Or write to: Ontario Civilian Commission on Police Services
25 Grosvenor Street
1st floor
Toronto, Ontario
M7A 1Y6

Download complaint form in PDF

Starting the Process

Defining a Complaint
There are two kinds of complaints. They relate to:

Policies of, or services provided by, a police service; or
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. Complaint may be in a letter or in a standard form, available from any police station or from the OCCPS office in Toronto.

Delivering a 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 OCCPS 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 or Deputy Commissioner of the Ontario Provincial Police (OPP) 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.

Withdrawing a Complaint
Complaints may be withdrawn by writing to the police service or to OCCPS; however, a Chief of police or OPP Commissioner may continue to deal with the complaint if it is felt that the allegation should be investigated.

Time Limits
Complaints must be filed within six months of the incident occurring.

Types of Complaints

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.

Complaints about Policies or Services
Complaints about policies 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 OPP, 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 a complainant disagrees with the initial classification of a complaint as being about "policies or services" rather than "conduct", the complainant may request that OCCPS review the decision. The request must be made in writing or by fax within 30 days of being notified. Following an investigation of the complaint relating to "policies or services", if the complainant is not satisfied with the decision of the Chief or OPP detachment commander, a review by the local police services board may be requested.

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:

settle the matter by way of informal resolution if the misconduct or unsatisfactory work performance was not of a serious nature; find the complaint is unsubstantiated;
find the officer guilty of misconduct and impose a penalty without a formal hearing where the misconduct is not serious. If the officer does not accept the proposed penalty, a police disciplinary hearing is held;
decide the complaint should be heard by a police disciplinary hearing.
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.

Actions and/or Resolutions

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.

Dealing with the Complaint
Initially, a Chief of police or the OPP Commissioner 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:

Complaint was filed six months after the incident which led to the complaint;
Complaint was frivolous, vexatious or made in bad faith;
Complainant is not directly affected by the incident
The Chief of police or OPP Commissioner must determine within 30 days how a complaint is to proceed.

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.

Post-decision Action

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.

OCCPS must receive by mail or fax a request to review within 30 days of being informed of the decision of the Chief of police or OPP Commissioner. OCCPS needs 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 OPP Commissioner, 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.

Dissatisfaction 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 of the Process
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, 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. A complainant has the right to ask for a review by OCCPS at different stages of the process.