R.S.M. 1987, c. L75
The Law Enforcement Review Act
| Back to the Act |
Table of Contents
| 1 | Definitions. | |
| 2 | Appointment of Commissioner. | |
| (2) | Powers, duties and functions. | |
| (3) | Full-time appointment. | |
| 3 | Commissioner is officer of Manitoba Police Commission. | |
| 4 | Board continued. | |
| (2) | Powers, duties and functions. | |
| (3) | Presiding officers to be lawyers. | |
| (4) | Board to include peace officers. | |
| (5) | Quorum. | |
| (6) | Panel chosen on sequential basis. | |
| 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 to respondent. | |
| 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. | |
| (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 | Commissioner not to act on certain complaints. | |
| (2) | Application to Manitoba Police Commission. | |
| (3) | Police commission to hear parties. | |
| (4) | Burden of proof on complainant. | |
| (5) | Decision of Manitoba Police Commission 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 board. | |
| (6) | Statement of facts and recommended penalty. | |
| 17 | Referral to board on merits. | |
| (2) | Notice of alleged disciplinary default. | |
| (3) | Statement recommending appropriate penalty. | |
| (4) | Forwarding of statement to board. | |
| (5) | Appropriate penalty determined. | |
| (6) | Recommendation by Manitoba Police Commission. | |
| 18 | Access to documents and statements. | |
| (2) | Questions of privilege. | |
| 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 hearing. | |
| 24 | Who presides at hearing. | |
| (2) | Member of same department not to sit on hearing. | |
| (3) | Powers of board 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. | |
| (11) | Public hearing. | |
| (12) | Justifying in-camera hearing. | |
| 25 | Ban on publication. | |
| 26 | Admission of disciplinary default. | |
| 27 | Decision by board. | |
| (2) | Standard of proof. | |
| (3) | Reasons for decision. | |
| 28 | Ordering of penalty. | |
| (2) | Review of Commissioner's recommendation. | |
| (3) | Maximum penalty. | |
| (4) | Compliance with order of board. | |
| 29 | Discipline Code. | |
| 30 | Penalties. | |
| 31 | Appeal. | |
| (2) | Time for filing. | |
| (3) | Parties to appeal. | |
| (4) | Other parties. | |
| (5) | Counsel for appeal. | |
| 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 commissions. | |
| (3) | Meaning of "local police commission". | |
| 42 | Failure to comply. | |
| 43 | Witness fees. | |
| 44 | Regulations. | |
| 45 | Annual report. | |
| 46 | Transitional provision. |