Complaints made to LECA are matters which usually involve an individual’s personal interaction with the police. Therefore, complainants, respondent officers, the witnesses to the incident and those involved in the process have very important privacy interests, which must be safeguarded.
LECA endeavours to protect the privacy of all individuals involved in the complaints process. Based on the Freedom of Information and Protection of Privacy Act (FIPPA), as well as s. 145 and s. 95 of the CSPA, LECA cannot, and does not, disclose any information pertaining to the complaints or investigations, unless as required by the law. In addition, respecting the privacy and confidentiality of the complaints process helps maintains the integrity and autonomy of the screening, investigation, review and hearing processes.
LECA only provides information about complaints as is prescribed by legislation or law. For example, LECA provides information about a complaint to the police service that is conducting an investigation. LECA does not release the investigative reports prepared by the police services, where the investigation of the complaint had been referred to a police service. Where an investigation has been completed by LECA, LECA provides a copy of the investigative report, along with the Director’s findings, to the complainant, the chief of the police of the affected service and the respondent officer. LECA will not provide its investigative report to any other party.
Disciplinary hearings held pursuant to the CSPA are public hearings. Decisions of disciplinary hearings will be published by the Ontario Police Arbitration and Adjudication Commission.
Public Statements
In accordance with the CSPA, the Complaints Director may issue public statements respecting an ongoing investigation, if
(a) the statement is aimed at preserving public confidence; and
(b) the benefit of preserving public confidence clearly outweighs any detriment to the integrity of the investigation.