About The Service Professional Standards

Complaints Made to the Winnipeg Police Service

• What is a complaint?
• Who can file a complaint?
• How long do I have to file a complaint?
• How can I file a complaint?
• How is the complaint handled?
• What happens next?
• How can I withdraw a complaint?
• Will I be advised of the outcome?
• What happens if the complaint cannot be proven?
• Can I appeal a decision?
• Do I have any guarantee that I will be satisfied?
  
  

Complaints Made to the Law Enforcement Review Agency

• What is the Law Enforcement Review Agency?
• What types of incidents does LERA investigate?
  
• How can you file a complaint with the Law Enforcement Review Agency?
  

Complaints Made to the Winnipeg Police Service

What is a complaint?

A complaint is a statement alleging misconduct by a member of the Winnipeg Police Service.

Complaints may be made against:

• The policies of or services provided by the Winnipeg Police Service.
• The conduct of a Winnipeg Police Service member based on the Winnipeg Police Service Regulations (which govern their conduct and duties) or the Criminal Code of Canada.

Who can file a complaint?

Anyone who is directly affected by the conduct of a Winnipeg Police Service member, the services provided by the police or a policy of the Winnipeg Police Service can file a complaint.

How long do I have to file a complaint?

Under the Winnipeg Police Service Regulations a complaint must be submitted within 30 days after the incident occuring. The Chief of Police may extend the time for reporting an incident up to six months from the date of the incident.

Reporting requirements for complaints of criminal misconduct are covered in the Criminal Code of Canada.

How can I file a complaint?

You may choose from the following options to file a complaint:

• Mail
• Fax
• E-mail
• Hand delivery to any Winnipeg Police Service Center or to the office of the Chief of Police.

You may also use the online form or contact the Professional Standards Unit directly at 986-6079.

You may file a complaint about the conduct of an off-duty Winnipeg Police Service member if there is a connection between the conduct and either the duty of the police service member or the reputation of the Winnipeg Police Service.

To make an anonymous complaint, you may write to the Chief of Police or contact the Professional Standards Unit by telephone at 986-6079. 

When making your complaint, provide as much detail as possible, including:

• The time and date of the incident
• Witnesses, if any
• Your address and phone number so that we can contact you

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How is the complaint handled?

First, the complaint is classified as related to:

• The conduct of a police service member
• The services provided by a member
• A policy of the Winnipeg Police Service

If the complaint was made within the 30 days following the incident, an investigation is conducted by the involved Division or by the Professional Standards Unit.

The conduct may be handled informally, or under the Police Service Regulations and classified as a Minor Service Default or as a Service Default.

Criminal complaints are investigated by the Service and forwarded to the Department of Justice for consideration of criminal charges, as warranted. The files are reviewed by Independent Special Prosecutors appointed by the Department of Justice.

What happens next?

• Improper Conduct: The allegation appears to be substantiated and the action of the member(s) was in breach of the Regulations. This is also referred to as Sustained.
• Insufficient Evidence: There is insufficient proof to confirm or to refute the allegation. This is also referred to as Not Sustained.
• Policy Failure: The allegation is true, and although the action of the member(s) was inconsistent with Service policy, the incident revealed a need for a change in the policy.
• Proper Conduct: The allegation is true, but the action of the member(s) was not in breach of the Regulations.
• Unfounded Complaint: The allegation is false.

If it has been determined that the complaint is Sustained, the misconduct of the member(s) is dealt with either as a Minor Service Default by the members’ Division Commander or as a Service Default by the Professional Standards Unit.
Minor Service Defaults may be handled formally or informally at the Division/Unit level. Penalties may be imposed for a Minor Service Default and range from an Admonition to a Fine.

Service Defaults are handled formally and penalties include:

• Admonition
• Written reprimand
• Loss of weekly leave
• A fine
• Probation for a specified term
• Reduction in rank, classification or pay
• Ineligibility for promotion for up to two years
• Suspension without pay for a specified period
• Permitting the member to resign
• Dismissal

• A penalty may be imposed without holding a formal hearing, if the member agrees to the penalty. If the member does not agree with the penalty, then a formal hearing before a Discipline Board will be held.
• If the member does not agree with the penalty imposed by the Discipline Board, the Winnipeg Police Association may file a grievance on behalf of the member to go to Arbitration, as allowed under the Collective Bargaining Agreement.

In some cases, additional training or changes in policy/procedure is the appropriate remedy.

• Criminal Complaints are resolved by the Department of Justice through the Criminal Court process and are under the control of the Department of Justice at the Provincial or Federal level. The Winnipeg Police Service is not involved in that process. 
• Penalties for criminal misconduct are decided through the normal Court process and are outlined in the Criminal Code of Canada and/or established through Case Law decisions. Penalties can range from an acquittal to a custodial sentence.

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How can I withdraw a complaint?

If, after filing a complaint, you decide not to pursue the matter, you may withdraw the complaint by putting your decision in writing to the Winnipeg Police Service or the investigator in the Professional Standards Unit. However, the Chief of Police may continue to pursue the matter if it is determined that the allegations merit investigation.

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Will I be advised of the outcome?

You will be advised in writing, upon conclusion of the investigation, whether or not your complaint was Sustained or Not Sustained.

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What happens if the complaint cannot be proven?

Members of the Winnipeg Police Service are provided rights under the Service Regulations as well as the Criminal Code of Canada. There must be sufficient evidence to prove misconduct under the Service Regulations or criminal misconduct under the Criminal Code of Canada. 

If there is insufficient evidence to prove the complaint, the file is closed with a classification of Not Sustained.

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Can I appeal a decision?

The Winnipeg Police Service Regulations does not contain a clause or have a formal process allowing a citizen or a member of the Service to appeal a decision or outcome of an investigation conducted by the Winnipeg Police Service or the Professional Standards Unit.

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Do I have any guarantee that I will be satisfied?

We cannot guarantee that you will be satisfied with the results following a complaint; however, we can assure you that your complaint will be investigated thoroughly and impartially by either the Professional Standards Unit or the assigned Division.

Complaints Made to the Law Enforcement Review Agency

What is the Law Enforcement Review Agency?

The Law Enforcement Review Agency (LERA) is an independent, non-police agency that investigates public complaints about police performance.  LERA does not investigate criminal matters, which are referred to the Winnipeg Police Service.

LERA was established under The Law Enforcement Review Act in 1985 and applies to any peace officer employed by a municipal police department in Manitoba, including all peace officers employed with the Winnipeg Police Service.

LERA is staffed by a Commissioner, Registrar, professional investigators and an administrative assistant.

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What types of incidents does LERA investigate? 

LERA investigates allegations that a municipal police member has committed any of the following disciplinary defaults: 

• Abuse of authority, including:

• Making an arrest without reasonable or probable grounds
• Using unnecessary violence or excessive force
• using oppressive or abusive conduct or language
• Being discourteous or uncivil
• Seeking improper monetary or personal advantage
• Serving or executing documents in a civil process without authorization
• Discriminating on the basis of race, nationality, religion, colour, sex, marital status, physical or mental handicap, age, source of income, family status, political belief, or ethnic or national origin

• Making a false statement, or destroying, concealing or altering any official document or record
• Improperly disclosing any information acquired as a member of the police department
• Failing to exercise discretion or restraint in the use and care of firearms
• Damaging property or failing to report the damage
• Failing to assist where there is a clear danger to the safety of a person or property
• Violating the privacy of any person within the meaning of The Privacy Act
• Contravening any part of The Law Enforcement Review Act that does not specify a penalty for the violation
• Assisting, counseling or causing any person to commit a disciplinary default

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How can I file a complaint with The Law Enforcement Review Agency?

You can file a complaint directly with the Law Enforcement Review Agency at 420-155 Carlton Street.  Complaints also can be made in writing to a shift supervisor at any Winnipeg Police Service Center. These complaints are forwarded to LERA.

A complaint must be submitted within 30 days of the incident. The Commissioner may extend that limit if you have valid reasons for being unable to submit your complaint on time.

The Commissioner also may extend the 30-day filing limit to avoid conflict with court proceedings or ongoing criminal investigations involving your complaint.

For more information on the Law Enforcement Review Agency and its complaint process, visit: www.gov.mb.ca/justice/lera  

Download LERA Overview Pamphlet (English)

Download LERA Overview Pamphlet (French)