C.C.S.M. c. L75
The Law Enforcement Review Act
1(1) | Definitions |
(2) | Provincial judge not acting as a court |
1.1(1) | Application to members |
(2) | Limited application to extra-provincial officers |
2(1) | Appointment of Commissioner |
(2) | Powers, duties and functions |
(3) | Full-time appointment |
3 and 4 | |
5 | Assistance of experts |
6(1) | Complaint concerning police conduct |
(2) | Third party complaint |
(3) | Procedure for filing complaint |
(4) | Verbal complaint |
(5) | Where complainant unable to write |
(6) | Commissioner may extend time |
(7) | Where complainant faces criminal charges |
7(1) | Notification of complaint |
(2) | Copy of complaint |
7.1(1) | Notification re extra-provincial police officer |
(2) | Information to complainant |
7.2(1) | Investigation by Commissioner |
(2) | Commissioner may disclose information |
7.3 | Informal resolution of complaint |
7.4(1) | Referral for review |
(2) | Applicable provisions |
(3) | Scope of review |
(4) | No finding or penalty |
8 | No complaint by member |
9(1) | Commissioner to notify affected person |
(2) | Affected person must consent |
(3) | Where no consent required |
10 | Further particulars |
11(1) | Complaint against Chief of Police |
(2) | No complaint in disciplinary matter |
12(1) | Investigation by Commissioner |
(1.1) | Delay of investigation |
(2) | Relevant materials forwarded to Commissioner |
(3) | Materials required for criminal investigation |
(4) | Questions of privilege |
(5) | Order to search and seize |
(6) | Utilizing necessary resources and persons |
(7) | No investigation by department involved in complaint |
(8) | Internal investigation |
(9) | Criminal investigation |
(10) | Report by Chief of Police |
13(1) | Commissioner not to act on certain complaints |
(1.1) | Notice to complainant |
(2) | Application to provincial judge |
(3) | Procedure on application |
(4) | Burden of proof on complainant |
(4.1) | Ban on publication |
(5) | Decision of provincial judge final |
14 | Evidence of internal disciplinary matter |
15(1) | Informal resolution of complaint |
(2) | Agreement between complainant and respondent |
(3) | No record of informal resolution |
16(1) | Admission of disciplinary default |
(2) | Appropriate penalty determined |
(3) | Matters relevant to appropriate penalty |
(4) | Imposition of penalty |
(5) | Referral to provincial judge |
(6) | Statement of facts and recommended penalty |
17(1) | Referral for hearing |
(2) | Notice of alleged disciplinary default |
(3) to (6) | |
18(1) | Access to documents and statements |
(2) | Question of privilege |
(3) | Review by Court of Queens's Bench |
19 | Respondent entitled to remain silent |
20(1) | Respondent's statements inadmissible |
(2) | Statement for purposes of resolution privileged |
21 | Right to counsel |
22 | Contributing causes |
23(1) | Fixing and notification of date of hearing |
(2) | Parties to a hearing |
(1) and (2) | |
(3) | Powers of provincial judge under Evidence Act |
(4) | Summary conviction procedures to apply |
(5) | Evidence |
(6) | Right to participate |
(7) | Presentation of case in support of complaint |
(8) | Where complainant ineligible for legal aid |
(9) | Hearing in absence of respondent |
(10) | Respondent not compellable |
(10.1) | Use of evidence |
(11) | Public hearing |
(12) | Justifying in-camera hearing |
25 | Ban on publication |
26 | Admission of disciplinary default |
27(1) | Decision by provincial judge |
(2) | Standard of proof |
(3) | Reasons for decision |
28(1) | Ordering of penalty |
(2) | Review of recommendation re penalty |
(3) | Penalty |
(4) | Compliance with order of provincial judge |
29 | Discipline Code |
30(1) | Penalties |
(2) | Restitution |
(3) | Right to indemnification not affected |
(4) | Enforcement of restitution order |
31(1) | Appeal |
(2) | Time for filing |
(3) | Parties to appeal |
(4) | Commissioner as party |
(5) | Counsel for appeal |
31.1 | Notice to other jurisdictions |
32(1) | Service record |
(2) | Contents of service record |
(3) | Commencement of service record |
(4) | No record of admonition |
(5) | Expunging service record |
(6) | Right to inspect service record |
33 | Organizational and administrative practices |
34 | Effect of criminal charge |
35(1) | Disclosure of possible criminal offence |
(2) | Effect of decision to lay charges |
(3) | Objection conclusively deemed |
36 | Prosecution for offences |
37(1) | Effect of complaint on internal discipline |
(2) | Suspension of internal disciplinary proceedings |
(3) | Effect of completion of internal proceedings |
(4) | Internal disciplinary proceedings unaffected |
38 | Where members of public not involved |
39 | Civil remedies |
40 | Act to prevail over collective agreement |
41(1) | Act to prevail over other Acts |
(2) | Jurisdiction of police commissions |
(3) | Meaning of "local police commission" |
42 | Failure to comply |
43 | Witness fees |
44 | Regulations |
45 | Annual report |
46 | Transitional provision |