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C.C.S.M. c. L75

The Law Enforcement Review Act

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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