This chart is an overview of what happens, and when, in the public complaints process. Each complaint is looked at individually and is handled according to the Community Safety and Policing Act, 2019 and LECA’s Rules of Procedure.
1. Complaint is submitted, either:
(a) Directly to LECA.
(b) At a police station or detachment and forwarded to LECA.
2. Screening
(a) Complaint is screened in, or
(b) Complaint is screened out and closed.
3. Optional: Early Resolution – Provides an opportunity for complaints and respondent officers to voluntarily resolve a complaint before it is formally screened in under the CSPA.
(a) If successful, the complaint is closed.
(b) If unsuccessful, the complaint is screened in.
4. Investigation by police service.
* Informal Resolution or Informal Resolution via mediation may be requested by the complainant during investigation.
(a) No misconduct is found, or
(b) Misconduct is found and the Designated Authority does not believe that the appropriate disciplinary measure is demotion or termination of the officer’s employment;
(c) Misconduct is found and the Designated Authority believes that the appropriate disciplinary measure is demotion or termination of the officer’s employment.
OR
5. Investigation by LECA.
* Informal Resolution or Informal Resolution via mediation may be requested during investigation.
(a) No misconduct is found. Complaint closed; or
(b) Misconduct is found sent to Designated Authority to decide whether the appropriate disciplinary measure is demotion or termination of the officer’s employment;
(c) Misconduct is found and LECA determines the appropriate disciplinary measure is demotion or termination of the officer’s employment so the matter is sent to Designated Authority for disciplinary hearing and decision before the OPAAC.
(d) Misconduct is found and LECA determines the appropriate disciplinary measure is not demotion or termination of the officer’s employment so the matter is sent to Designated Authority for penalty.
** There is no statutory basis for complainants to request a review (appeal) of an investigation conducted by LECA.
6. LECA reviews investigative report.
7. Complainant may request a review (appeal) only of allegations where no misconduct is found.
(a) LECA confirms decision, or
(b) LECA substitutes decision for that of Designated Authority.
8. Decision
(a) No misconduct found. Complaint closed, or
(b) Misconduct is found and LECA determines the appropriate disciplinary measure is not demotion or termination of the officer’s employment so the matter is sent to Designated Authority for penalty or
(c) No misconduct is found, and LECA determines the appropriate disciplinary measure is demotion or termination of the officer’s employment so the matter is sent to designated authority for a disciplinary hearing before the OPAAC.
