Experiencing a serious injury at the hands of the police is a traumatic event. Knowing the appropriate steps to take can help protect your rights and ensure that you receive the necessary medical and legal support. This article outlines the steps to take if you are seriously injured by the police in Canada, including understanding police responsibilities, filing complaints, and seeking legal and medical assistance.
Understanding Police Responsibilities and Oversight
The primary role of the police is to ensure public safety by enforcing the law and maintaining social order. However, when a police officer acts abusively, causing serious injury or death, it can be devastating. To prevent the misuse of police power, independent oversight systems are in place.
- Special Investigations Unit (SIU)
The Special Investigations Unit (SIU) is an independent civilian agency in Ontario responsible for investigating police-related incidents. The SIU has the authority to investigate and charge municipal, regional, and provincial police officers with criminal offenses.
- Types of Incidents Investigated by the SIU
The SIU investigates potential criminal conduct by the police, not civilians. According to Ontario law, police services must report incidents that fall under SIU jurisdiction. However, the public, friends or family of the victim, media members, medical professionals, or lawyers can also notify the SIU of incidents. You can report an incident to the SIU if a police-civilian encounter results in:
- Serious injury
- The discharge of a firearm at a person
- Sexual assault
- Death
- Definition of Serious Injury
A serious injury is legally defined as an injury likely to interfere with a person’s health or comfort. This includes injuries resulting in hospital admission, fractures, significant burns, loss of body parts, or loss of vision or hearing.
- Filing a Report to the SIU
You can file a report with the SIU by phone, web contact form, or mail. The SIU will conduct a preliminary inquiry to determine if the case falls under its jurisdiction, asking questions about the people involved, the incident’s details, and the general police activity at the time.
- Investigation Process
Once notified, the SIU’s investigation involves several steps:
- Examining and securing physical evidence
- Interviewing witnesses
- Monitoring the medical condition of injured persons
- Securing police equipment for forensic testing
- Consulting with the coroner in death cases
- Notifying next of kin in death cases
- Keeping complainants and families informed
The evidence collected can include police equipment, occurrence reports, radio communication tapes, forensic photographs and videos, and external reports from non-police sources.
- Outcome of the Investigation
After the investigation, the lead investigator submits a report to the SIU Director, who determines if there are reasonable grounds to believe a criminal offense was committed. Based on the evidence, the Director can:
- Terminate the case if it does not fall under the SIU mandate.
- Determine there are no reasonable grounds to lay charges.
- Lay charges if there are reasonable grounds to believe an offense was committed.
In non-charge cases, the Director’s Report is posted on the SIU website, and a news release is issued.
Seek Immediate Medical Attention
- Prioritize Your Health
The first and most important step is to seek immediate medical attention. Your health and safety should be your top priority. Go to the nearest hospital or call emergency services if you are unable to transport yourself.
- Document Your Injuries
While receiving medical care, ensure that all injuries are thoroughly documented by healthcare professionals. Request a detailed medical report, including descriptions of your injuries, treatments administered, and any recommended follow-up care. These records will be crucial for any legal actions you may pursue.
Report the Incident
- File a Complaint
Report the incident to the appropriate authorities. You can file a complaint with the police service involved, which will typically have a Professional Standards Unit or Internal Affairs Division responsible for investigating such complaints.
- Contact an Oversight Agency
In Canada, various oversight agencies exist to handle complaints against the police. Depending on your location, you can contact:
- Ontario: Office of the Independent Police Review Director (OIPRD)
- British Columbia: Office of the Police Complaint Commissioner (OPCC)
- Quebec: Bureau des enquêtes indépendantes (BEI)
- Alberta: Alberta Serious Incident Response Team (ASIRT)
- Manitoba: Independent Investigation Unit of Manitoba (IIU)
These agencies operate independently from the police and are responsible for conducting impartial investigations into complaints of police misconduct.
Gather Evidence
- Collect Witness Statements
If there were witnesses to the incident, gather their contact information and request written statements detailing what they saw. Witness accounts can provide crucial support for your case.
- Secure Video and Photo Evidence
If the incident was recorded on video (e.g., by bystanders, surveillance cameras, or body cameras worn by officers), secure copies of these recordings. Photographs of your injuries and the scene of the incident can also serve as valuable evidence.
- Preserve Physical Evidence
Keep any physical evidence related to the incident, such as damaged clothing or personal items. These items may support your claims about the nature and extent of the incident.
Seek Legal Advice
- Consult with a Lawyer
Consulting with a lawyer experienced in civil rights or personal injury law is essential. They can provide guidance on the best course of action, help you understand your rights, and represent you in legal proceedings. Legal aid services may be available if you cannot afford a lawyer.
- Consider Legal Action
Your lawyer can help you decide whether to pursue a civil lawsuit against the police for damages. This can include compensation for medical expenses, lost wages, pain and suffering, and other related costs.
Monitor the Investigation
- Stay Informed
Stay informed about the progress of any investigations into your complaint. Maintain regular contact with the oversight agency handling your case and request updates on their findings.
- Participate in the Investigation
Cooperate fully with the investigation, providing any requested information or evidence. Your active participation can help ensure a thorough and accurate investigation.
Seek Support
- Mental Health Services
Experiencing police violence can have significant psychological effects. Seek support from mental health professionals, such as counselors or therapists, to help you cope with the trauma.
- Support Groups and Advocacy Organizations
Connect with support groups or advocacy organizations that assist victims of police violence. These groups can provide emotional support, resources, and advice on navigating the legal and medical systems.
File a Complaint with Human Rights Bodies
- Human Rights Commissions
Consider filing a complaint with federal or provincial human rights commissions if you believe the incident involved discrimination based on race, ethnicity, gender, or other protected characteristics. These bodies can investigate and address violations of human rights laws.
Summary
If you are seriously injured by the police in Canada, taking the following steps can help protect your rights and ensure you receive the necessary support:
- Understanding Oversight: The SIU investigates police-related incidents involving serious injury, firearm discharge, sexual assault, or death.
- Seek Immediate Medical Attention: Prioritize your health and document your injuries.
- Report the Incident: File a complaint with the police and contact an oversight agency.
- Gather Evidence: Collect witness statements, video/photo evidence, and preserve physical evidence.
- Seek Legal Advice: Consult with a lawyer and consider legal action.
- Monitor the Investigation: Stay informed and participate in the investigation.
- Seek Support: Access mental health services and connect with support groups.
- File a Complaint with Human Rights Bodies: Address any potential discrimination through human rights commissions.
Taking these steps can help you navigate the aftermath of a serious injury by the police and work towards achieving justice and accountability.
Last modified: August 11, 2024
