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April 1 to Sep 30 2018/2019 Office of the Police Complaint Commissioner 2018/2019 – 1ST AND 2ND QUARTER STATISTICAL REPORT APRIL 1, 2018 – SEPTEMBER 30, 2018 OFFICE OF THE POLICE COMPLAINT COMMISSIONER 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 Please note the data contained in the following report may vary slightly from previous releases. Where differences exist, it can be assumed that the most current data release reflects the most accurate and up-to-date data. The files opened by the OPCC from April 1, 2018, to September 30, 2018, can be broken down into the following categories: Registered Registered Complaints are public trust complaints about a police officer’s conduct or actions Complaints that affect a member of the public personally or that he or she has witnessed (Part 11, Division 3 of the Police Act). Questions or If a member of the public has a question or concern about a municipal police officer’s Concerns conduct, but does not wish to file a registered complaint he/she may contact a municipal police department directly. The member of the municipal police department who receives the question or concern must inform the professional standards section of the involved municipal police department. The professional standards section must record the question or concern, and forward a copy of the record, along with how it was resolved, to the Office of the Police Complaint Commissioner for review (Part 11, Division 3 of the Police Act). Ordered Complaint investigations may be ordered by the Police Complaint Commissioner, whether it Investigations is upon the request of a department or as a result of information received from any source & Mandatory that raises concerns about officer misconduct. The legislation also requires the Commissioner Investigations to order a mandatory external investigation into any incident resulting in serious harm or death (Part 11, Division 3 of the Police Act). Monitor Files Monitor Files are opened when information is received by the OPCC from the police, including Reportable Injuries, or other sources such as media reports that may require an investigation pursuant to the Police Act. These are typically incidents that are serious in nature or that have generated media attention, but no potential disciplinary defaults have been identified to date. These files are held open until a report is received from the police. The matter is reviewed and a decision is made as to whether an Ordered Investigation is required. If no action is deemed necessary, the file is concluded as “Reviewed & Closed.” Internal Internal Discipline files involve performance management issues or employer/ employee Discipline concerns that do not affect members of the public (Part 11, Division 6 of the Police Act). Service or Service or Policy complaints are those regarding the quality of a police department’s service Policy to the community or regarding their operating policies (Part 11, Division 5 of the Police Act). 1 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 Type of files opened between April 1, 2018, and September 30, 2018 37% 7% 1% 235 Registered Complaints 107 Questions or Concerns 8 Internal Discipline 37% 241 Monitor 42 Ordered Investigations 10 Service Or Policy 1% 17% How Registered Complaints were received between April 1, 2018, and September 30, 2018 130 140 [55%] 120 100 80 54 60 [23%] 34 40 [15%] 20 9 8 [4%] [3%] 0 Online Police Department Mail/Fax/Email Telephone Walk-In 2 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 Admissibility of Registered Complaints received between April 1, 2018, and September 30, 2018 The legislation requires that all registered complaints received must first be reviewed by the OPCC to determine whether they are admissible under Division 3 – Public Trust – of the Police Act. In order for a complaint to be deemed admissible, it must: • Contain allegation(s) of conduct that, if proven, would constitute misconduct as defined by the Act; • The complaint must be filed within one year of when it occurred; and • Not be frivolous or vexatious Only admissible registered complaints are forwarded to the Professional Standards Section of the originating department for investigation. Breakdown of Admissibility of Registered Complaints 10% 1% 3% 82 - Admissible 9% 98 - No Misconduct Identified 21 - Out of Time 35% 24 - Admissibility Pending 2 - Frivolous/Vexatious 8 - Withdrawn Prior to an Admissibility Determination 42% 3 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 Files Opened between April 1, 2018, and September 30, 2018 Decision Department dmissible Registered TOTAL Inadmissible Registered A Admissibility Pending Investigation Mandatory Investigation Ordered Request) (Dept. Investigation Ordered Initiated)(PCC Monitor or Concern Question Internal Discipline Service or Policy Abbotsford 61 9 4 3 0 1 0 24 18 0 2 Central Saanich 2 0 0 0 0 1 0 1 0 0 0 CFSEU 1 0 0 0 0 0 0 1 0 0 0 Delta 37 9 5 0 0 1 3 14 4 1 0 Nelson 6 3 2 1 0 0 0 0 0 0 0 New Westminster 14 3 2 1 0 0 0 3 3 2 0 Oak Bay 3 1 0 0 0 2 0 0 0 0 0 Port Moody 21 4 3 0 0 1 0 5 8 0 0 Saanich 39 12 2 0 0 2 2 6 15 0 0 SCBCTAPS 49 6 4 0 0 2 0 25 12 0 0 Stl’atl’imx 3 0 0 0 0 0 0 2 0 0 1 Vancouver 288 63 49 11 3 6 7 114 25 3 7 Victoria 104 18 8 5 2 4 1 43 21 2 0 West Vancouver 13 1 3 3 0 2 1 2 1 0 0 TOTAL: 641 129 82 24 5 22 14 240 107 8 10 4 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 The Police Act requires departments to report all incidents where an individual in the care or custody of the police suffers a “reportable injury” that requires transportation to a hospital and medical treatment. These “reportable injuries” are opened as Monitor Files until it is determined whether an investigation will be conducted. Between April 1, 2018, and September 30, 2018, the OPCC received 188 notifications of reportable injuries involving 256 uses of force. 5 which resulted in a mandatory external investigation; 2 which resulted in an ordered investigation; and 2 where a registered complaint was filed 16 Arwen/Bean Bag [6%] 58 Dog Bite [23%] 65 Empty-Hand [25%] 18 MVA [7%] 9 OC Spray [3%] 27 Other [11%] 10 Pre-Existing [4%] Self-Inflicted 38 [15%] 15 Taser [6%] 5 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 Allegations Forwarded for Investigation between April 1, 2018, and September 30, 2018 71 Abuse of Authority [35%] 3 Corrupt Practice [2%] 1 Damage to Property of Others [1%] Deceit 6 [3%] 19 Discourtesy [9%] 43 Discreditable Conduct [21%] Improper Disclosure of Information 2 [1%] 1 Improper Use or Care of Firearms [1%] 51 Neglect of Duty [25%] 5 Unauthorized use of Police Facilities/ Resources [2%] 0 20 40 60 80 Once a complaint file is deemed admissible or an investigation is ordered, allegations of misconduct are identified against individual members. The Police Act identifies 10 public trust allegations. Between April 1, 2018, and September 30, 2018, the OPCC identified 202 public trust allegations and forwarded them to the member(s) department for investigation. Please note that these are only allegations and do not reflect whether they were substantiated or not substantiated. Abuse of Authority, section 77(3)(a): This allegation involves on duty conduct where a member engages in oppressive conduct towards a member of the public, which includes, arresting someone without good and sufficient cause; using unnecessary force on someone; or when on or off duty (but in uniform) uses profane, abusive or insulting language to any person. Corrupt Practice, section 77(3)(e): This allegation which is without lawful excuse, failing to make a prompt and true return of, or misappropriating, any money or property received in the performance of duties as a member, agreeing or allowing to be under a pecuniary or other obligation to any person in a manner that would likely be seen to affect the member's ability to properly perform the duties of a member, using or attempting to use one's position as a member for personal gain or other purposes unrelated to the proper performance of duties as a member, or using or attempting to use any equipment or facilities of a municipal police 6 2018/2019 1st and 2nd Quarter Statistics April 1, 2018 – September 30, 2018 department, or any other police force or law enforcement agency, for purposes unrelated to the performance of duties as a member. Damage to the Property of Others, section 77(3)(e): This allegation involves when on duty, or off duty but in uniform, intentionally or recklessly damaging any property belonging to a member of the public, or without lawful excuse, failing to report any such damage, however caused. Deceit, section 77(3)(f): This allegation involves "deceit", which is any of the following: in the capacity of a member, making or procuring the making of any oral or written statement, or any entry in an official document or record, that, to the member's knowledge, is false or misleading; or doing any of the following with an intent to deceive any person: destroying, mutilating or concealing all or any part of an official record; altering or erasing, or adding to, any entry in an official record; attempting to do any of the things described above.
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