NEWFOUNDLAND REGULATION 12/01

CNR 970/96
as amended

1. The Schedule to the Royal Newfoundland Constabulary Public Complaints Regulations is amended by repealing Form 2 and substituting the following:

PCC Form 2

PUBLIC COMPLAINT PROCEDURES AND
RIGHTS OF A PERSON MAKING A COMPLAINT

This statement briefly sets out the procedures that will be followed upon receipt of a complaint from a member of the public against a member of the Royal Newfoundland Constabulary and their rights under the Royal Newfoundland Constabulary Act and Regulations.

WHO SEES THE COMPLAINT

1. No matter where the complaint is received, a copy will be sent to the Royal Newfoundland Constabulary Public Complaints Commission and the Chief of Police of the Royal Newfoundland Constabulary.

2. The police officer(s) concerned will be informed of the substance of the complaint.

CHIEF OF POLICE

INVESTIGATION AND REPORTS

3. The complaint will be forwarded to the Office of the Chief of Police who will designate a member of the RNC to conduct the investigation.

4. The Act allows for the suspension of a public complaint if a criminal investigation is being conducted, or a prosecution is commenced relating to the subject-matter of the complaint, pending a decision on that prosecution.

5. The investigating officer will interview the complainant, the police officer(s) concerned and any other relevant witnesses, and review any relevant documents.

6. Upon completion of the investigation, an investigative report will be forwarded to the Chief of Police. This Report must be submitted within three months of the date the complaint was filed or received, not including the time during which the complaint may have been suspended.

7. The Chief or the Deputy Chief shall consider the complaint and he or she may:

(a) with the agreement of all parties, reach an informal resolution to the complaint;

(b) dismiss the complaint;

8. The complainant and the police officer(s) who is/are the subject of a complaint shall be informed in writing of the dismissal of the complaint, or of the discipline imposed and the reasons for that dismissal or discipline.

REVIEW BY THE COMMISSION

9. A complainant or police officer who is not satisfied with any of the foregoing decisions may contact the Royal Newfoundland Constabulary Public Complaints Commission to request that the Commission, an independent body, review the decision of the Chief of Police.

10. Complainants who wish to have the Commission review the decision of the Chief, must complete Form 7 and forward it to the Commissioner, Royal Newfoundland Constabulary Public Complaints Commission, Regatta Plaza, 82 Elizabeth Avenue, P.O. Box 21128, St. John's, NF, A1A 5B2. This form must be received by the Commissioner within 15 (fifteen) days from the date the report of the decision of the Chief of Police is received by the complainant.

11. Upon receipt of the Appeal Form (Form 7), the Commissioner will review the matter, and his/her staff have broad powers to investigate. Documents must be made available upon request and individuals can be required to answer questions.

12. Following a review by the Commission, the Commissioner may

(a) with the consent of the parties, effect a settlement of the complaint;

(b) dismiss the complaint and confirm the decision of the Chief, or

ADJUDICATOR'S HEARING

13. When a hearing before an Adjudicator is ordered, the complainant and the officer(s) involved will be notified in writing of the date and place of the hearing. Each party has a right to attend and take part in the hearing and to be represented by counsel. The hearing will be open to the public unless the adjudicator otherwise determines. All parties will receive a copy of the Adjudicator's Decision.

A COMPLAINT AGAINST THE CHIEF

14. When a complaint has been made against the Chief of Police, that complaint shall be immediately taken up by the Commissioner as if that complaint were an Appeal to the Commissioner as outlined in Paragraph 11.