Police-complaint files jump 14 per cent
The Victoria-Esquimalt police board last year rejected the B.C. police complaint commissioner’s recommendation that the city establish a clear policy to assist officers on policing marijuana dispensaries.
Instead, Victoria opted to develop a regulatory framework around marijuana dispensaries. The proposal to prohibit medical marijuana-related businesses unless permitted through the rezoning process will come before a public hearing on Sept. 8 at 6:30 p.m. at City Hall.
The commissioner’s recommendation was one of seven the office made as a result of complaints registered with his office. They form part of the Office of the Police Complaint Commissioner’s 2015-2016 annual report, released on Monday.
It shows 1,230 police complaint files were opened in B.C. from April 1, 2015, to March 31, 2016, a 14 per cent increase over the year previous year. Of those, 530 were registered complaints from the public about police conduct.
The office attributes the increase to a jump in “monitor files” that mostly track cases in which civilians were injured — the top cause being dog bites.
Over the year, 777 allegations — which can include those from earlier years — were concluded. Of those, 406 were unsubstantiated, 50 were substantiated, 130 informally resolved, 88 discontinued, and 103 withdrawn.
Of the cases reviewed, there were also seven recommendations to police boards in 2015-2016.
One of those recommendations was made to the Victoria-Esquimalt police board after Pamela McColl, who speaks for a group called Smart Approaches to Marijuana Canada, complained to the commissioner’s office that the Victoria Police Department had allowed illegal medical-marijuana dispensaries to flourish.
The complaint said the department was failing in its duty to maintain law and order by failing to shut down all marijuana dispensaries in Victoria.
The report says the Victoria and Esquimalt police board concluded that no additional policy was necessary.
However, commissioner Stan Lowe reviewed the matter and recommended “that a clear and objective policy to assist officers in the exercise of their discretion and discharge of their respective duties be created.”
The board again concluded that no additional policy was needed.
Deputy police commissioner Rollie Woods said the matter was left in the hands of the police board.
“We’ll see what happens down the road with the forthcoming change in legislation,” said Woods.
The federal government has said it will legalize possession of marijuana.
The Victoria Police Department said on Monday it must liaise with the police board before commenting on the issue.
Victoria city clerk Chris Coates said three-tiered regulation focusing mostly on prohibiting all marijuana dispensaries, but including marijuana-related businesses, has been in the making for more than a year.
Overall, Saanich saw the number of files opened about its department more than double to 120 in 2015-2016 from 59 in 20112012. Woods said that’s mostly due to questions and concerns about the process, rather than complaints. “It’s just a blip,” Woods said.
There were 132 files opened in Victoria, up from 113 in 2011-2012, eight in Oak Bay compared to three, and five in Central Saanich compared to 10 the previous year.
The RCMP have a separate complaints process.
To be substantiated, complaints against the police must constitute misconduct under the Police Act, be filed within one year of the occurrence, and not be frivolous or vexatious.
Sometimes a complaint is best resolved by an alternative dispute resolution. In this scenario, the focus is on repairing and maintaining a positive relationship between the police and the public, said Lowe, in the report.
It’s a process the commissioner will view as his legacy when he leaves office, said Woods.
“About 60 per cent of all complaints are flagged for resolution,” said Woods. The office would like to see more cases resolved this way.
The alternative dispute resolution — which may involve an apology, for example — is often more successful, said Woods, and allows the public to participate in a “more meaningful way.”
“Our goal is to lead the country in the alternative dispute resolution of police complaints,” the report says.
Meanwhile, on Aug. 1, the office assumed jurisdiction for oversight, under the Police Act, of complaint investigations involving special municipal constables — including jail guards and paid or unpaid, on duty or off-duty, auxiliary and reserve officers.
There are about 400 such special municipal constables in B.C.
“They have a higher level of accountability to the public now,” said Woods.