R.S.M. 1987, c. L75

The Law Enforcement Review Act

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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.