HomeC.C.S.M. c. L75
The Law Enforcement Review Act
| Back to the Act | Regulations |
| 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 |
