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.