Before you Start
If you are thinking about launching a public complaint against the police, it can be helpful to write down detailed notes of the incident as soon as possible after it happens. The complaint process often takes a long time to come to a resolution, and detailed notes can help your memory when your testimony is necessary after the incident. Be sure to provide all the circumstances of the incident, including who was involved, what happened, where the incident occurred and when (date and time) it took place. Any witnesses to the incident can also be contacted to provide detailed statements in writing. Witness statements should be taken individually, while the other witnesses are not present.
It is essential that all the information in the statement is true and as accurate as possible.
Note: Making a false report to the police is illegal.
If there were any injuries as a result of the incident, you or the person who was injured should visit a doctor immediately after the incident. Take clear pictures of any injuries as soon as possible for evidence. If the incident occurred outside of a nightclub, bar, or inside an establishment with closed-circuit video recording, make the complaint immediately, point out that video evidence exists and ask that they take steps to save it. It is often the case that closed-circuit video cameras only store a limited number of days before auto deleting, which means it is extremely important to ask the owner of the location and Police to preserve the evidence as soon as possible. You should also take photographs of the location of the incident, including pictures of where the camera exists. It is usually easier to obtain evidence as soon as possible to avoid camera footage being deleted, or someone’s memory fading, for example.
According to s. 43(11) of the Police Act, a complaint must be made within one year. This limitation period does not apply to any incident involving conduct that breached a law or regulation other than the Police Act, such as the Criminal Code of Canada. So, if the complainant is claiming criminal misconduct, the 1-year limitation does not apply.
STARTING A COMPLAINT AGAINST THE POLICE
Who can make a Complaint?
The Police Act dictates who can make a complaint, which includes:
The person to whom the conduct complained of was directed;
An agent of the person to whom the conduct complained of was directed;
A person who witnessed the conduct complained of; or
A person in a personal relationship with the individual to whom the conduct complained of was directed AND has suffered damage or loss because of the conduct complained of.
Informal Complaint
The alternative dispute resolution process, or ‘informal complaint,’ may be able to resolve some concerns about the Edmonton Police Service (EPS). To find out if your concern can be resolved this way contact the Professional Standards Branch of EPS at (780) 421-2676 or complete one of the online PSB Complaint Forms at https://www.edmontonpolice.ca/ContactEPS/Concerns.
The Professional Standards Branch may request further information from a complainant in order to begin the resolution process for the informal complaint.
Formal Complaint
A formal complaint against the police must be outlined in writing, signed and addressed to the Chief of Police and delivered to any police station in the City of Edmonton or the Police Commission Office.
The person making the complaint must provide their full name, address, phone number, and email address (if available). The complainant must clearly outline their concerns and issues in their written complaint. Only concerns and issues provided in the written complaint are investigated. The complainant should include the date, time, location and a detailed description of the incident that led to the complaint. A detailed description of the incident would include the names of any witnesses, and information identifying the police officer involved (name or Reg. Number), if known. The police have discretion in laying charges and the Professional Standards Branch will not intervene in this process.
Legal assistance may be helpful in drafting a written complaint. Consider speaking with a lawyer when preparing your written complaint.
Where to send a complaint:
By Mail:
Chief of Police
Police Headquarters
9620 103A Ave.
Edmonton, AB T5H 0H7
By Phone:
780-421-2676
Online (Complaint Form provided to be filled in by the complainant):
https://www.edmontonpolice.ca/ContactEPS/Concerns/PsbPoliceActForm
Note that a complaint about a police officer is not the appropriate place to voice disagreement to a charge; this is better suited in Court.
The Investigation
After submitting the complaint, an investigator with the Professional Standards Branch (PSB) of the Edmonton Police Service may contact the complainant to request an interview. The investigator will collect any important information relevant to the investigation. Relevant information can include: video or audio recordings, forensic evidence, police reports, and they may wish to conduct an interview with the complainant. Legal assistance may be helpful in the interview process, and the complainant may have their legal advisor (lawyer or agent) present at the interview to address any issue that may come up.
The complainant is not involved in every aspect of the investigation. After collecting the necessary information, the investigator will conduct internal meetings to determine the direction of the investigation. Depending on the nature of the complaint, the officer may have to submit either a written complaint or may be ordered to participate in an interview.
During the investigation of the complaint, the Chief of Police must inform the complainant in writing of the progress of the investigation every 45 days.
After the Investigation
Once the investigator has collected all of the relevant information, they provide their recommendations and materials to the Chief of Police. The Chief of Police then makes a determination. If the offence is minor, the Chief of Police may dismiss the matter altogether, issue a warning to the officer, or take other action that they choose is appropriate. However, if the offence is more severe, the Chief of Police may reprimand the officer, order forfeiture of overtime hours, or suspend them without pay. The decision will be made available to both the officer and complainant. The complainant should be informed if there is a right to appeal.
Appeals
If the complaint ends up being dismissed without the Chief of Police finding any violation, the complainant has 30 days to appeal to the Law Enforcement Review Board (LERB). The LERB is a tribunal, appointed by the Lieutenant Governor in Council, that is independent of any police service and aims to provide fair hearings. The Board has the power to call witnesses and hear evidence under oath.
To appeal the decision of the Chief of Police, the complainant must send a letter to the Board Secretary. This letter should include the following:
Your name and contact information, including address, phone number, and email (if available);
The name and contact information of your lawyer (if applicable);
Date, time, and description of the incident that gave rise to the complaint;
Identification of the officer complained of (if known); and
Reasons for why you disagree with the decision and find it unreasonable.
AND can be either delivered in person or sent by mail, email, or fax:
Law Enforcement Review Board
c/o Board Secretary
1502, 10025 102A Avenue
Edmonton, Alberta T5J 2Z2
Email: lerb@gov.ab.ca
Fax: 780-422-4782
The Board will acknowledge that they have received your appeal, with a letter, usually within one week of submitting it. Within 30 days of receiving your appeal the Board must review it along with the information that EPS used to make the initial decision regarding your complaint.
The LERB will review the file and may do one of the following:
Determine that there will be no further hearings on the matter.
If this happens, the Board will ask for written submissions for each party and make their determination that way.
Deny the appeal if the Board feels that an appeal request is frivolous (without merit).
Determine that an additional hearing is needed.
At a hearing, it is possible for the complainant to bring additional evidence as long as they apply to the Board and get approval. This happens only in appropriate circumstances. If a complainant is able to bring additional evidence, it is their responsibility to present this evidence to the Board.
At any point, the complainant can abandon or withdraw the complaint. A legal advisor may be of assistance when deciding whether it is worthwhile to pursue the appeal, or if it will likely fail. A complainant may have legal representation at a Board hearing.
The decisions of the Board are issued in writing and posted on the Board website on the Canadian Legal Information Institute’s (CanLII) website. All appeals are public unless the Board decides otherwise.
Laying a Private Information
Another course of action that a complainant may take is laying private information. To lay private information, the complainant must have reasonable suspicion that a criminal offence has occurred and present it before a judge or justice of the peace. After hearing the evidence presented by the complainant, the judge or justice of the peace may issue the accused a summons to appear.
The Attorney General (the Crown), will review the information, and decide whether they will proceed with the prosecution and take over a private prosecution. The Crown can decide to take over the private prosecution and can either proceed with or stay the charges.
Laying private information can be done without launching a formal or informal complaint through the Edmonton Police Service.
Royal Canadian Mounted Police (RCMP)
Anyone who has interacted with an RCMP member (e.g. RCMP officer, a civilian member or a supernumerary special constable) can issue public complaints about their conduct. The primary body responsible for reviewing these complaints is the Civilian Review and Complaints Commission (CRCC) for the RCMP as set out by the Royal Canadian Mounted Police Act. The CRCC is an independent body and does not advocate for either the person who makes the complaint, or RCMP members. The CRCC takes complaints about the conduct of RCMP members while they are on duty. To make a complaint, members of the public can also contact any RCMP detachment or the appropriate provincial authority responsible for handling RCMP complaints.
Important Note: Complaints must be made within one year of the alleged conduct occurring. If more than one year has passed, the Complainant (person making the complaint) will need to explain why there was a delay. The RCMP or the CRCC will decide whether the one year timeline will be extended.
The CRCC may refuse to deal with your complaint if:
it is not made within that year
it concerns disciplinary measures
it could be handled through a different process
it is made in bad faith
Subject Matter of a Complaint
The public can make complaints about a member of the RCMP if there was a breach of conduct. Breaches of conduct can include one or more of the following:
Improper attitude
Improper use of force
Irregularity in procedure
Driving irregularity
Neglect of duty
Mishandling of property
Evidence irregularity
Oppressive conduct
Improper arrest
Improper search of persons, vehicles or premises
Inadequate service
Where to Submit your Complaint:
Online form (cannot be emailed):
By Telephone or Fax:
Call from anywhere in Canada: 1-800-665-6878
TTY: 1-866-432-5837
Print and complete the complaint form (can be found at the following link https://www.crcc-ccetp.gc.ca/en/make-complaint) and fax the completed form to 613-960-6147.
By Mail:
Print and complete the complaint form (can be found at the following link https://www.crcc-ccetp.gc.ca/en/make-complaint) and mail the completed form to:
Civilian Review and Complaints Commission for the RCMP
National Intake Office
P.O. Box 1722, Station B
Ottawa, ON K1P 0B3
Find an RCMP Detachment in Alberta:
Complaint and Review Process:
Once the complaint is made, the RCMP initially investigates the complaint.
The RCMP makes a report and sends it to the Complainant (person who makes the complaint).
If the Complainant is satisfied with the RCMP's report, this is the end of the process.
If the Complainant is not satisfied with the RCMP's report, the Complainant may request a review by the CRCC. The request for review must be made within 60 days of receiving the RCMP’s final report.
The CRCC requests all relevant investigative material from the RCMP.
If the CRCC is satisfied with the RCMP's report, the Chair sends a satisfied report to the RCMP Commissioner, Minister of Public Safety, Complainant and Member(s) involved. This is the end of the process.
If the CRCC is not satisfied with the RCMP's report, the Chair may:
Review the complaint and all relevant material without further investigation;
Ask the RCMP to investigate further;
Initiate a CRCC investigation; or
Hold a public hearing.
Following its review, if the Commission is satisfied with the RCMP's handling of the complaint, the Chairperson issues a satisfied report to the RCMP Commissioner, Minister of Public Safety, Complainant and Member(s) involved, thereby ending the review process.
If, at the conclusion of the review, the Commission is not satisfied with the RCMP's handling of the complaint, the Chairperson will issue an interim report outlining various findings and recommendations directed at the RCMP, which will be sent to the RCMP Commissioner and the Minister of Public Safety.
If an interim report is sent, the RCMP Commissioner gives notice identifying what actions will be taken. If no action is to be taken, reasons will be provided.
The Chairperson sends a final report to the RCMP Commissioner, Minister of Public Safety, Complainant, Member(s) involved, and the appropriate provincial Minister. This is the end of the process.
Complaint Against a Sheriff
The process for making a complaint against a member of the Alberta Sheriffs Branch is set out in the Peace Officer Act. If you want to file a complaint about a member of the Alberta Sheriffs Branch, you can do so by writing your complaint and submitting it to the Investigative Services Team. Members of the Sheriffs Branch include the Sheriff Highway Patrol and the Fish and Wildlife Enforcement Service.
Ensure that your complaint is:
in writing
contains the reasons for your complaint
outlines the details of the incident involved
Address your complaint to:
Investigative Services Team
Law Enforcement and Oversight Branch
Alberta Justice and Solicitor General
9th Floor, 10365-97 Street
Edmonton, Alberta T5J 3W7
Email: jsg.psu@gov.ab.ca
Once the Investigative Services Team receives your complaint, they will contact you within 30 days to acknowledge receipt of the complaint. You could potentially be interviewed and be asked to provide further information. Every 45 days, you will be updated with the status of your complaint. When the investigation is completed, you will receive a written notice containing the findings of the investigation. The respective Sheriff’s Branch will be advised of the investigation finding and they will determine what action will be taken (if any).
Appeal Process
If you are not satisfied with the decision of the Investigative Services Team, you can appeal the decision to the Appeals Delegate, within 30 days of receiving the decision. Submit your written appeal to the Appeals Delegate. Make sure to include the specific points in the findings that you disagree with and provide reasons why you disagree.
Send your appeal to:
Appeals Delegate
c/o Director of Law Enforcement
9th Floor, 10365 - 97 Street
Edmonton, Alberta T5J 3W7
Email: poprogram@gov.ab.ca
Your appeal will be reviewed and you will be notified, in writing, every 45 days as to the progress of your appeal. When the review is complete you will be notified about what action will be taken (if any). The decision of the Appeals Delegate is final.
Security Guards
The process for making a complaint against a security guard is set out in Part 4 of the Security Services and Investigators Act. A complainant should direct any accusations of criminal activity by security guards to the police.
To complain, a person must write a formal complaint to the security guard’s employer within 90 days of the incident occurring. It is important to note that the security guard’s employer is the security agency they work for, not the business or establishment that has contracted their services. For example, if you want to file a complaint against a mall security guard, you must file the complaint to the security company they work for rather than send it to the mall. The complaint needs to be written and should include the details of the incident and the complainant’s contact information. The employer must notify the complainant in writing that they have received the complaint within 30 days of receiving it. If the employer decides not to investigate or starts an investigation but then discontinues it, the employer must provide written reasons to the complainant within 90 days of receiving the complaint. If the employer does investigate, they must within 90 days provide the complainant with the outcome of the investigation and the reasons for it, and notify them of their right to have the employer’s decision reviewed by the registrar, in writing.
If the complainant is not satisfied with the employer’s decision or the employer did not provide a decision, they can request a review of the decision or complaint. Once the complaint has received the employer’s decision, they have 30 days to make a request for review. This request must be written and sent by mail or email to:
Complaints Coordinator
Security Programs
Alberta Justice and Solicitor General
9th Floor, 10365 97 Street
Edmonton, Alberta T5J 3W7
Email: poprogram@gov.ab.ca
The request should indicate which points of the employer’s decision the complainant disagrees with and reasons why they believe the employer was incorrect. If the registrar decides not to investigate or starts an investigation but then discontinues it, the registrar must notify and provide written reasons to the complainant within 90 days of receiving the complaint. If the registrar investigates the complaint it must provide the complainant with a decision and the reasons for the decision in writing.
If the complainant is not satisfied with the decision of the registrar, they can appeal again to the Director of Law enforcement. The complainant has 30 days to submit a written request for appeal after receiving notice of the decision of the registrar. Requests should be directed to:
Director of Law Enforcement
C/O Complaints Coordinator
Security Programs
Alberta Justice and Solicitor General
9th Floor, 10365 97 Street
Edmonton, Alberta T5J 3W7
Email: poprogram@gov.ab.ca
The Director of Law Enforcement must notify the complainant in writing of its decision to either change, reverse, or maintain the registrar’s decision within 30 days of receiving the complainant’s appeal request. Although, the Director of Law Enforcement may take longer than 30 days to reach a decision, in which case you will be notified.
Common Security Companies in Edmonton:
Central Protection Services
World Guardian Security Services
Commissionaires Northern Alberta
PGS Services
GPS Security Group
National Security Guard Protection Services
Paladin Security
G4 U Security Ltd.
Civil Suits
If a person has suffered damage as a result of the actions of a police officer or security guard, they may have grounds to file a civil claim. When commencing an action against a police officer for injury that occurred while the police officer was performing their duties, the individual will name the Chief of Police. The Chief of Police is ultimately responsible for any wrong-doing on the part of a police officer (in legal terms, they are ‘vicariously liable’ for the actions of the police officer) while on duty, so the action is brought against the Chief of Police.
For a civil suit it is important to keep in mind that there is a two-year limitation period to launch any civil action. Please review the Limitations Act and/or consult with a lawyer to determine when the two-year limitation period expires.
A person can initiate a civil suit with the help of a lawyer or by themselves. To initiate a civil claim a person must get the appropriate forms either from the courthouse (visit the civil counter on either the King’s Bench or Provincial court side of the courthouse) or from the Alberta Courts website https://albertacourts.ca. The value of the claim will determine whether you commence your action in Alberta Provincial Court or the Alberta Court of King’s Bench. Before commencing an action, it may be beneficial to speak with a lawyer about the procedural differences when filing in the Provincial Court versus the Court of King’s Bench.
To initiate a civil claim a person would need to fill out the civil claim form and have the filing fee ready when the form is submitted. The filing fee will depend on the claim amount. The clerk can waive filing fees for people who are unable to pay, the form for waiving a filing fee is available at https://www.alberta.ca/assets/documents/rcas-fee-waiver-application.pdf. This form is also available through the court clerk directly. More information on filing a civil suit in Provincial Court can be found in our Small Claims pamphlet under the “resources” tab on our website.
Note: complaints against the police can take some time to complete, so a civil suit should be brought quickly even while a person is still preparing their complaint.
Monitoring Police Misconduct
Alberta Serious Incident Response Team (ASIRT)
ASIRT investigates events where serious injury or death may have been caused by police, Indigenous police services, or RCMP. They also investigate particularly sensitive and serious allegations of police misconduct (perjury, theft, sexual assault, obstruction of justice, etc.).
ASIRT is an independent investigative body that is empowered by the Police Act. The program can lay criminal charges against a police officer if, as a result of an investigation, the executive director believes a criminal offence was committed.
ASIRT does not take complaints from the public, however they do disclose information about their investigations to the public. To see updates from ASIRT, use the following link: https://www.alberta.ca/asirt-news-releases.aspx
Alberta Police Misconduct Database
The Alberta Police Misconduct Database is a searchable directory of incidents of police misconduct in Alberta. The Database dates back almost 30 years. Access the database at the following link: https://www.policemisconductdatabase.ca/database/
WHO CAN I CALL FOR MORE HELP OR INFORMATION?
Legal Resources
Edmonton Community Legal Centre (ECLC)
Telus House, South Tower
Second Floor, 10020 100 Street
Edmonton, T5J 0N3
Website: www.eclc.ca
Ph: 780-702-1725
Edmonton Community Legal Centre (ECLC) provides legal services for low-income Albertans in certain areas of family and civil law. These services include free legal information, referral, and legal education. ECLC may also be able to provide legal advice if you fall within their eligibility criteria. Much of their legal information can be found on their website, as well as the time, dates, and locations of their public legal education programs. Additionally, ECLC has a fee waiver program if your income and document fall within their guidelines.
Lawyer Referral Service
Toll Free Ph: 1-800-661-1095
The Lawyer Referral Services can connect you with lawyers who can help with your issue. When you call, you will speak to an operator and you will describe the nature of your problem to them. The operator will then provide you with the contact information for up to three lawyers who may be able to assist you. When contacting these referred lawyers, make sure to let them know that you were given their information by the Lawyer Referral Service. The first half hour of your conversation with a referred lawyer will be a free consultation and brief advice session. Note: It is not intended for the lawyer to provide free work.
Legal Aid Society of Alberta
Revillon Building
Suite 600 – 10320 102 Avenue
Edmonton, AB T5J 4A1
Toll Free Ph: 1-866-845-3425
Website: www.legalaid.ab.ca
The Legal Aid Society of Alberta functions to assist low-income Albertans with certain types of legal matters. Assistance is provided through information, referrals, advice, and/or representation, depending on what your matter is and which eligibility guidelines you meet
Edmonton Resolution Support Services
8124, 8th Floor - John E Brownlee Building
10365 97 Street NW
Edmonton, AB T5J 3W7
Ph: 780-415-0404
Edmonton Resolution Support Services provides various services to assist individuals dealing with a family or civil matter. They have numerous free services, such as Family Court Counsellors, Family Mediation, Child Protection and Intervention Mediation, Civil Mediation, and assistance on Court Forms and Orders.
Other Resources
Edmonton Police Commission
Suite 1803 Scotia Place, Tower 2
10060 Jasper Avenue
Edmonton, AB T5J 3R8
Ph: 780-414-7510
Web: www.edmontonpolicecommission.com
E-Mail: info@edmontonpolicecommission.com
Fax: 780-414-7511
Edmonton Police Service Headquarters –
Chief of Police
Police Headquarters
9620 103A Ave
Edmonton, AB T5H 0H7
Ph: 780-423-4567
Web: https://www.edmontonpolice.ca
Law Enforcement Review Board
1502, 10025 102A Avenue
Edmonton, Alberta T5J 2Z2
Ph: 780-422-9376
Email: lerb@gov.ab.ca
Edmonton Police Service –
Professional Standards Branch
Professional Standards Branch
Police Headquarters
9620 103A Ave
Edmonton, AB T5H 0H7
Ph: 780-421-2676
Government of Alberta - Policing complaints, appeals and compliments
This online resource contains an overview of how to file a complaint against Municipal Police in Alberta, as well as Sheriffs, RCMP, Peace Officers, and members of the First Nations Police Service. This resource also contains information on the appeal process.
Web: https://www.alberta.ca/policing-complaints-appeals-and-compliments.aspx