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.
OPC File 2023-007: Review completed by OPC investigator. Complainant relayed 6 points of issue to be reviewed versus the decision of the Chief Officer in his/her decision. Each point reviewed in concert with the complaint investigation as completed by the relevant police service. The decision of the Chief Officer was upheld in that the original complaint was unsubstantiated. No neglect of duty was present.
OPC file 2023-004: Review completed by investigator for the OPC. The decision of the Chief Officer was upheld after a review of the complaint investigation. Investigator stated, “Having reviewed the listed documents I concur with the findings of the Chief Officer that both investigations were carried out properly and that the decisions made not to proceed with criminal actions were well documented and supported by law and (police) policy. His decision to dismiss both allegations of neglect of duty as unsubstantiated is supported.”
OPC file 2023-003: under Review
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OPC File 2022-012: Original complaint centered around the arrest/detention of the complainant's son in regards to an alarm and possible break and enter. Upon investigation to the original complaint, the Chief Officer found the complaint unsubstantiated. The complainant requested a Review via the OPC.
Upon Review of the Police file, complaint investigation and all relevant information the complaint was also found to be unsubstantiated by the OPC. The complainant was advised of this and an explanation of common-law powers of the police was relayed. After the explanation, the complainant agreed to the circumstances.
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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. The complainant requested a review of the Chief’s decision by the OPC. This was undertaken and it was concluded that the Chief Officer’s decision was correct and the dismissal was upheld.
OPC File 2021-001 a request for review of Chief’s decision to dismiss complaint alleging CPS officers participated in conduct that brought the entirety of the Charlottetown City Police’s reputation into disrepute “in violation of Section 4(1)(a)(2) of the Police Act Code of Professional Conduct and Discipline Regulations both by their refusal to allow EMS access to his injuries and by charging him with three Criminal Code offences in spite of his being in a mental health crisis at the time of the incident implying that they violated Section 4(b) of the same act in that they were oppressive and abusive to him by pursing these charges. The initial complaint, the investigational report into the incident, the Professional Standards report, chief officer's decision and the Request for the Review of Decision were reviewed. We found no evidence of discreditable conduct, excessive force or abusive behavior by any of the officers involved.. Having made this finding we must dismiss the complaint and support the decision of the chief officer that the allegation was unsubstantiated in evidence.
OPC File 2021-001 a request for review of Chief’s decision to dismiss a complaint alleging complainant was lied to by a Charlottetown Police officer which behavior would have constituted discreditable conduct and deceitful behavior The initial complaint, the investigational report into the incident, the Professional Standards report, chief officer'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 the chief officer that the allegation was unsubstantiated in evidence.
OPC File 2021-001 a request for review of Chief’s Decision to dismiss subject’s complaint as she was not a “directly affected person” as defined in the Police Act on a joint complaint submitted by another person and her concerning conduct of several Charlottetown Police service members. Resolved informally by agreement between the chief officer and complaint that she would not be a party to the principal complaint but would be directly affected by the conduct of one CPS officer on a separate issue and that would be the subject of a separate complaint.
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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.
The complainant requested a review of the Chief’s decision by the OPC. This was undertaken and it was concluded that the Chief Officer’s decision was correct and the dismissal was upheld.
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.
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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 found no evidence to support the allegation and dismissed the complaint.
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.