Friday, January 10, 2020

yeah.

so, that was merely the record of proceedings, which really didn't have anything i haven't already seen. i was maybe hoping for some deeper disclosure around the actual investigation, which i'll need to eventually approach via access requests. i still need to wait for the factum, which is what i really want.

the deadline is the 31st.

i'm going to send them a response, but i'm going to get my laptop working, first.

they seem to want to argue that the scope of the investigation is limited to the initial complaint. but, they're actually wrong. i sent all kinds of emails out before the investigation started, and they should have been worked into the investigation, by statutory provision.

this is s. 154 of the new "comprehensive" police services act.

Public complaints

154 (1) Any person may make a complaint to the Complaints Director about the conduct of a person referred to in section 152, subject to subsection (2).

Restriction

(2) A complaint may not be made under subsection (1) by,
(a) the Minister;
(b) the Inspector General, a deputy Inspector General or an inspector appointed under section 111;
(c) a deputy Complaints Director, an employee in the Law Enforcement Complaints Agency or an investigator;
(d) the SIU Director or an employee or investigator in the Special Investigations Unit;
(e) a member of a police service, in respect of another member of that police service;
(f) a special constable employed by the Niagara Parks Commission, in respect of another special constable employed by the Niagara Parks Commission;
(g) the Niagara Parks Commission, in respect of a special constable employed by the Niagara Parks Commission;
(h) a member or employee of a police service board, in respect of a member of a police service maintained by the board;
(i) a person selected by the council of a municipality to advise another municipality's police service board under subsection 26 (2), in respect of a police officer who is a member of a police service maintained by that board; or
(j) any other person who may be prescribed.

Complainant on behalf of minor, incapable person

(3) A complaint may be made under subsection (1) on behalf of,
(a) a person who is a minor, by the person's parent or guardian; and
(b) a person who is incapable as defined in the Substitute Decisions Act, 1992 and who is not a minor, by his or her substitute decision-maker under that Act.

Complaint through agent

(4) A complainant may act through an agent in respect of a complaint made under this Part.

Same

(5) If a complainant acts through an agent, a requirement under this Part to give notice to the complainant may be met by giving notice to the complainant's agent.

Same, restricted persons

(6) For greater certainty, a person referred to in subsection (2) may not make a complaint by acting through an agent under subsection (4).

Forwarding complaints to the Complaints Director

155 (1) If a person who may make a complaint under subsection 154 (1) to the Complaints Director instead makes the complaint to any of the following persons, that person shall forward the complaint to the Complaints Director, inform the person who made the complaint that the complaint has been forwarded, and provide the person with information about the role of the Complaints Director:
1. The Minister.
2. The Inspector General, a deputy Inspector General or an inspector appointed under section 111.
3. The SIU Director or an employee or investigator in the Special Investigations Unit.
4. A chief of police.
5. A police service board or a member of a police service board.
6. An O.P.P. detachment board or a member of an O.P.P. detachment board.
7. A First Nation O.P.P. board or a member of a First Nation O.P.P. Board.
8. The Advisory Council or a member of the Advisory Council.
9. A special constable employer.
10. A prescribed entity.
11. A prescribed policing provider.
12. Any other person or entity prescribed by the Minister.

Same

(2) If a person who may make a complaint to the Complaints Director under subsection 154 (1) instead makes the complaint to a member of a police service other than a chief of police or to a special constable who is not a member of a police service, the member of a police service or special constable shall notify his or her chief of police or special constable employer of the complaint, and subsection (1) of this section applies, with necessary modifications, as if the complaint had been made to the chief of police or special constable employer.

Same

(3) The complaint of a person that is forwarded to the Complaints Director under this section is deemed for the purposes of this Part to have been made by the person directly to the Complaints Director
what that means is that they had to act on the emails i sent. and they didn't....

i'm going to draw their attention to that, as they might not realize it.