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1. What is the proper relationship between the Police and the People? In a free, democratic society the relationship between people and police ought to be inspired by a spirit of active cooperation. The people must understand that
the police have been granted special powers primarily to protect the
public through: The police must understand that
the special powers they have been given must be used with proper restraint
and not in any way that unnecessarily violates the rights and liberties of
the people.
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2. What circumstances lead most commonly to complaints against the police? The police, in execution of their duties, employ special powers, including force, that sometimes restrict the normal freedoms of citizens. The exercise of such powers may
lead to conflicts when a citizen believes that his/her freedoms have been
unduly restricted or that the force employed has been unwarranted or
excessive.
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3. What is the Royal Newfoundland Constabulary Public Complaints Commission? It is an independent review
authority established under Statute to hear and investigate complaints
against members of the Royal Newfoundland Constabulary and, when
appropriate, to conduct public hearings in respect of particular
complaints.
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4. Is the Commission an arm of the Royal Newfoundland Constabulary or of the Department of Justice? It is neither an agent of the one
nor of the other; it is independent of both the police and of government,
reporting only to the representatives of the people as constituted in the
House of Assembly.
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5. Who may register a complaint? Any member of the public who has reason to be concerned with the conduct of a police officer. A police officer or a person
employed in the Royal Newfoundland Constabulary may file a complaint
where the matter giving rise to the complaint occurs outside the scope
of the police officer's or the person's employment.
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6. When should a person complain? It is important that the complaint be registered as soon as possible after the incident. Timeliness will improve the chances of assembling reliable testimony and will, of course, assist in a speedier resolution of the matter.
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7. Is there a time limit on complaints? Yes. If a complaint is to be
acted upon it must be registered within six (6) months of the date of
the alleged misconduct.
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8. How does one make a complaint? A complaint may be lodged with the office of the Commissioner, or any Royal Newfoundland Constabulary Detachment office. The complaint must be made in writing. Special forms will be available at the office of the Commissioner or any Royal Newfoundland Constabulary Detachment office and will be provided directly to those seeking them. Forms will be sent by mail to
would be complainants who request them by letter or
telephone.
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9. What if there is uncertainty as to whether or not the complaint is warranted? A telephone call or a visit to
the office of the Commissioner will permit discussion of the
matter.
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10. How will a complaint be handled? The complaint, whether lodged at the office of the Commissioner or any Royal Newfoundland Constabulary Detachment office, will be recorded by the Commissioner and, in the first instance, referred to the Chief of Police for investigation and appropriate action. The Chief of Police
may: The Chief of Police can,
where it is in the public interest, transmit a complaint directly to the
Commissioner without initial investigation. The Commission will
undertake the investigation of the compliant. If the complaint is against the
Chief of Police, the matter will be immediately referred to the Public
Complaints Commissioner.
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11. What if there is dissatisfaction with the decision of the Chief of Police? Either the police officer or the complainant may lodge with the Commissioner an appeal against the decision of the Chief of Police. The Commissioner will undertake a full investigation of the matter. The Commissioner may:
Following an investigation, the Commissioner
may decline to act further on that complaint if the complaint is deemed
to be frivolous or vexatious, abandoned or withdrawn, or complaints
where there is insufficient evidence for a hearing
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12. Who will be the Adjudicator? The Adjudicator will be chosen
from among lawyers who have been appointed by the Lieutenant-Governor in
Council.
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13. What if there is dissatisfaction with the decision of the Commissioner or of an Adjudicator? In most circumstances leave may
be sought of a judge of the Trial Division of Newfoundland and Labrador to
lodge an appeal. If leave is granted an appeal may be
made.
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14. Is there a charge for the services of the Public Complaints Commission? In most cases the services of the
Commissioner are provided free of charge. However, in the event that a
public hearing is required and the Adjudicator decides the complainant's
allegations were unfounded, the Adjudicator may order the complainant to
pay the reasonable costs incurred by the Commission in conducting an
investigation, a hearing, or both.
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