These are decisions made regarding requests, pursuant to s. 28 of the Police Act, for the Review of a Chief Officer's decision regarding a complaint.
Complaint #19003 - The role of the Office of the Police Commissioner is not to determine whether investigative decisions are right or wrong but whether there has been a violation of the Code of Professional Conduct and Discipline.
OPC File #2019-009 A request was received on Sep. 25, 2019 requesting a review of a decision made by Chief Smith regarding a complaint made concerning the conduct of a member of the Charlottetown Police Services alleging the constable was deceitful and unprofessional. The original complaint concerned an investigation undertaken as the result of a call made to the police on June 1, 2019 by a pedestrian reporting that they had almost be struck by a vehicle operated by the complaint. The matter was investigated and request made to the Registrar of Motor Vehicles by the investigating constable to have the complainant’s driver’s license re-examined. No charges were laid. As a result of the report to Registrar the complainant was required to undertake a re-examination of their driver’s license which they passed. Complainant alleged the constable lied in their report to the Registrar.
Chief Smith had an investigation conducted by the Professional Standards Unit and having reviewed the investigational report concluded that there was no violation of the Police Act Code of Conduct and Discipline Regulations. He dismissed the complaint and provided this decision and rationale to the complainant via letter dated September 18, 2019.
The initial complaint, the investigational report into the incident, the Professional Standards report, Chief Smith’s decision and the Request for the Review of Decision were reviewed. We found no evidence of deceitful or unprofessional behavior by the constable. Having made this finding we must dismiss the complaint and support the decision of Chief Smith.
OPC File 2020-014 – The original complaint was received by the Office of the Police Commissioner (OPC) on July 28, 2020 and was forwarded to the Chief of Police of the Charlottetown Police Service (CPS) for investigation. The complainant alleged that members of the CPS used excessive force during his arrest on July 13, 2020 resulting in numerous bruises. The complainant, while intoxicated, had been involved in two altercations with civilians prior to police involvement. He was arrested in a local bar and removed. A struggle with CPS members ensued and he had to be physically restrained when police tried to place him in the police vehicle for transportation to the Provincial Correctional Centre. An investigation by a senior officer of the CPS concluded that, while some force was used, it was justified and reasonable due to the aggressive and combative actions of the complainant. As a result the Chief Officer dismissed the complaint as unsubstantiated.
The complainant requested a review of the investigation the OPC. This was undertaken and it was concluded that a proper investigation had been completed and the level of force used was justified.
OPC File 2020-015 – The original complaint was received by the Office of the Police Commissioner (OPC) on Sep. 10, 2020 and was forwarded to the Chief of Police of the Charlottetown Police Service (CPS) for investigation. The complainant alleged a member of the CPS had failed to properly investigate a break and enter at the complainant’s apartment. The CPS investigation concluded that there actually been no break and enter offence as it was a landlord acting legally & that the investigation had been properly completed by the officer. As a result the Chief Officer dismissed the complaint as unsubstantiated.
OPC File 2021-003 The original complaint was received by the Office of the Police Commissioner (OPC) via our website on March 16/2021. Complainant alleges neglect of duty by a Charlottetown Police Service (CPS) officer for failing to do a proper search of his person and denying medical attention during his arrest in June of 2020. The complaint was forwarded to the Chief Officer for investigation and review. After review the Chief Officer dismissed the complaint as it had not been made with the six month time period as required by 21(2) of the Police Act.