C.C.S.M. c. L75
The Law Enforcement Review Act
Table of Contents
1 | Definitions | |
(2) | Provincial judge not acting as a court | |
1.1 | Application to members | |
(2) | Limited application to extra-provincial officers | |
2 | Appointment of Commissioner | |
(2) | Powers, duties and functions | |
(3) | Full-time appointment | |
3 and 4 | [Repealed] | |
5 | Assistance of experts | |
6 | 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 | Notification of complaint | |
(2) | Copy of complaint | |
7.1 | Notification re extra-provincial police officer | |
(2) | Information to complainant | |
7.2 | Investigation by Commissioner | |
(2) | Commissioner may disclose information | |
7.3 | Informal resolution of complaint | |
7.4 | Referral for review | |
(2) | Applicable provisions | |
(3) | Scope of review | |
(4) | No finding or penalty | |
8 | No complaint by member | |
9 | Commissioner to notify affected person | |
(2) | Affected person must consent | |
(3) | Where no consent required | |
10 | Further particulars | |
11 | Complaint against Chief of Police | |
(2) | No complaint in disciplinary matter | |
12 | 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 police service involved in complaint | |
(8) | Internal investigation | |
(9) | Criminal investigation | |
(10) | Report by Chief of Police | |
13 | 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 | Informal resolution of complaint | |
(2) | Agreement between complainant and respondent | |
(3) | No record of informal resolution | |
16 | 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 | Referral for hearing | |
(2) | Notice of alleged disciplinary default | |
(3) to (6) | [Repealed] | |
18 | Access to documents and statements | |
(2) | Question of privilege | |
(3) | Review by Court of King's Bench | |
19 | Respondent entitled to remain silent | |
20 | Respondent's statements inadmissible | |
(2) | Statement for purposes of resolution privileged | |
21 | Right to counsel | |
22 | Contributing causes | |
23 | Fixing and notification of date of hearing | |
(2) | Parties to a hearing | |
(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 | Decision by provincial judge | |
(2) | Standard of proof | |
(3) | Reasons for decision | |
28 | Ordering of penalty | |
(2) | Review of recommendation re penalty | |
(3) | Penalty | |
(4) | Compliance with order of provincial judge | |
29 | Discipline Code | |
30 | Penalties | |
(2) | Restitution | |
(3) | Right to indemnification not affected | |
(4) | Enforcement of restitution order | |
31 | Appeal | |
(2) | Time for filing | |
(3) | Parties to appeal | |
(4) | Commissioner as party | |
(5) | Counsel for appeal | |
31.1 | Notice to other jurisdictions | |
32 | 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 | Disclosure of possible criminal offence | |
(2) | Effect of decision to lay charges | |
(3) | Objection conclusively deemed | |
36 | Prosecution for offences | |
37 | 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 | Act to prevail over other Acts | |
(2) | Jurisdiction of police boards | |
(3) | [Repealed] | |
42 | Failure to comply | |
43 | Witness fees | |
44 | Regulations | |
45 | Annual report | |
46 | Transitional provision |