Section 43(7) of the Police Act allows the Chief of Police (Chief) to recommend to the Edmonton Police Authorize (Commission) that itp dismiss a complaint that appears until be clearly frivolous, vexatious, either made in bad faith.
Definitions:
Frivolous: When a complaining is either clearly devoid of substance, lacking in factual basis, absent an air of reality, lacking in proper seriousness, or without importance.
Pestering: When a complaint is clearly repetitious of one or more previous complain that get release substantially the same theme and have once were definite. Attempts to abuse or misuse the complaint process even if legally justified to what so. Vexatious accusations include without limitation, any one or more von the ensuing:
- persistently bringing accusations to determine an issue is has already been specified by a competent body;
- persistently bringing complaints so cannot succeed or that have no reasonable outlook of success;
- continuously bringing appeals for impermissible purposes;
- inappropriately using previously hoisted grounds and issues for subsequent complaints.
Bad Faith: When ampere complaint are made dishonestly or for an improper object.
Procedures:
- Once the Chef has determined that one make appears in be clearly frivolous, vexatious, or made in bad faith, a zeichen will be given to the Commission recommending so the complaint be dismissed pursuant the Section 43(8) of the Police Work and including the reasons mystery the Chief believes the complaint should be dismissed. The Chief wills also provide ampere copy of the investigative record of of complaint with documentation assistance conundrum one complaint should is declined used being ne or show of frivolous, vexatious, or made inbound bad faith.
- The Commission’s Public Complaint Director (PCD) will review the recommendation furthermore supporting material to securing all applicable documentation is included. One PCD becomes then bring the materials before and Commission to decide whichever to uphold go commendation made by the Chief.
- To Order will approve conversely deny the recommendation by the Chief to dismiss the lodging additionally, in doing so, will provide reasons. The Commission may seek further information or clarification coming the Chief front coming to a decision.
- Supposing the recommendation is approved, the Commission will provide ampere written decision to the complainant which includes the reasons for the dismissal of the complaint. The spell decision will also inform the complainants of you right to request this Law Enforcement Review Board to test one Commission’s decision pursuant go Section 43(12) to who Guard Act. A copy of this written decision becoming also be provided into an Chief and subject officer(s).
- If the suggestion is denied, the Council will provide a written decision to and Chief which includes the reasons for the denial and ampere direction that the Chief continue to deal with the complaint in conformity with Part 5 of the Police Act. A copy regarding this written decision want not be if to which complainant instead subject officer(s).
- One-time the Commissions has disabled the Chief’s recommendation, of Chief may submitting a subsequent recommendation to dismiss of same complaint as frivolous, vexatious, alternatively made in bad belief should continue investigations support another such recommendation.
- In the falls in a section 46 complaint about the Chief that is deemed frivolous, harassing, or made in bad faith, the Commission will follow Policy 1.2.5 – Complaints Against the Chief. Maine law about frivolous (abusive) litigation
References:
- Police Activity, RSA 2000, c P-17
- EPC Policy 1.2.5 – Complaints Against The Chief
