Public Hearings

The Police Act empowers the Police Complaint Commissioner to order Public Hearings into matters involving misconduct by municipal police officers in British Columbia.

At the conclusion of an investigation into a complaint, and under certain circumstances, the complainant and/or the member or former member may request a Public Hearing.

The Police Complaint Commissioner may also arrange a Public Hearing without having received a request from either the complainant or the member or former member if the Police Complaint Commissioner considers that a Public Hearing is necessary in the public interest.

In considering whether a Public Hearing is necessary in the public interest, the Police Complaint Commissioner must consider all relevant factors, including the following:

The nature and seriousness of the complaint or alleged misconduct
The nature and seriousness of the harm or loss alleged to have been suffered by any person as a result of the conduct of the member or former member; including, without limitation, whether

The conduct has caused physical, emotional or psychological harm or financial loss to a person,
The conduct has violated a person’s dignity, privacy or other rights recognized by law, or
The conduct has undermined the public confidence in the police, he handling of complaints or the disciplinary process;

Whether a Public Hearing would assist in determining the truth;
Whether a case can be made that

there was a flaw in the investigation,
the disciplinary or corrective measures are inappropriate or inadequate
the disciplinary authority’s interpretation of the Police Act was incorrect

Once the Police Complaint Commissioner has determined that the Public Hearing is in the public interest, the Commissioner must request the Associate Chief Justice of the Supreme Court of British Columbia to recommend a retired judge of the Provincial Court, the Supreme Court or the Court of Appeal and appoint one of the retired judges recommended as the adjudicator for the Public Hearing.

In conducting a Public Hearing the adjudicator must do the following:

decide whether any misconduct has been proven
determine the appropriate disciplinary or corrective measures to be taken in relation to the member or former member
recommend to a chief constable or police board any changes in policy or practice the adjudicator considers advisable

Section 143(8) of the Police Act provides as follows:

A public hearing must be open to the public unless, on application of the complainant or respondent, the adjudicator orders that some or all of the hearing be held in private to protect a substantial and compelling privacy interest of one or more of the persons attending the hearing.