Commendations & Complaints

Have you had a positive experience with the Guelph Police Service that you feel deserves special recognition? Public compliments about our service go through the office of the Chief of Police, where Rob Davis will personally review your comments and bestow the proper aknowledgement towards the deserving member(s).

You can email Police Chief Rob Davis directly at rob.davis@police.guelph.on.ca, by phone (519) 824-1212 ext. 220, or by contacting him through regular mail:

Chief Rob Davis
Guelph Police Service
15 Wyndham Street South
Guelph, Ontario
N1H 4C6
Fax: 519.822.0949

Public Complaints

Frequently Asked Questions about the public complaints process.

Anyone seeking more information should contact:
Inspector Jeff Deruyter at 519.824.1212 ext 324 or
jeff.deruyter@police.guelph.on.ca

Q. Who can make a complaint?

A. A complainant is any member of the public who lodges a complaint about the policies or services of a police service or the conduct of a specific officer(s). You do not have to be a resident of Ontario to lodge a complaint.

Some people, however, are excluded from making a complaint against the police because they work for that service, work for the OIPRD or are responsible for the police service, such as a member of that service's police services board. The Solicitor General (Minister of Community Safety and Correctional Services) cannot file a complaint against the police.

You can make a complaint about a police officer if you:

• have a concern or were offended by something a police officer(s) said or did to you
• Were a witness to an incident involving a police officer(s) that concerned or offended you
• Are concerned or distressed as a result of the way a relative or friend has been treated by a police officer(s)
• Are acting on behalf of an individual listed above, ie. a member of an organization, who has been given written permission to make a complaint on another's behalf
• Have a complaint that a police service has not provided proper service
• Have a complaint about a policy of a police service

Q. What is the OIPRD?
A. The OIPRD is the Office of the Independent Police Review Director. It is an independent and arms-length agency of the Ontario Ministry of the Attorney General, staffed entirely by civilians. The role of the OIPRD is to ensure that the public complaints process is fair, transparent, effective and efficient.

Q. How do I contact the OIPRD?
A. Their website is www.oiprd.on.ca. You may also e-mail the OIPRD a question or comment at OIPRD@ontario.ca.

They can also be contacted by mail or visited in person at:

Office of the Independent Police Review Director
655 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K4

You may also contact the OIPRD using the following:
Toll-free phone: 1-877-411-4773
Local phone: 416-246-7071
TTY: 1-877-414-4773
Toll-free fax: 1-877-415-4773
Local Fax: 416-327-8332

Q. How do I file my complaint?
A. A complaint must be submitted on the OIPRD complaint form. OIPRD complaint forms are available, at all municipal, regional and provincial police services, on the OIPRD website, at all ServiceOntario locations and in many community centres and legal clinics.

You may file your complaint at any municipal, regional or provincial police service in Ontario. You may also file a complaint on the OIPRD website, or by fax, by mail or in person at the OIPRD office.

Q. What should you include in your complaint?
A. As well as your full contact details and your date of birth, please try to provide the following information:
Who? Which police service and/or police officer(s) is your complaint about?
Where? Where in Ontario did the incident(s) happen?
When? What date(s) and time(s) did the incident(s) take place?
What? Please describe what happened in as much detail as you can.

Q. If I file my complaint at a police service, how will it get to the OIPRD?
A. If your complaint is handed in at a police service, the police service accepting the complaint must fill in the required section 'Intake at a Police Station' on the complaint form. The complaint form must be sent to the OIPRD within three business days. Complaints will only be considered filed on the date that they are received by the OIPRD.

Q. What if English is not my first language, and I have difficulty filling in the OIPRD complaint form?
A. The OIPRD provides services in French and English. If you require the assistance of a translator to fill in a complaint form or need assistance to understand correspondence with the OIPRD, you must arrange for a translator.

Q. Can I have someone represent me during the complaint process?
A. You can represent yourself or be assisted by another person of your choice at any stage of the process. If you would like an agent to represent you, it is your responsibility to find one.

You are required to indicate on the complaint form that you wish to be represented by an agent and provide the name of the agent. Should you decide that you want an agent to act on your behalf after your complaint has been submitted, you must advise the OIPRD and provide the agent's contact information. The OIPRD will copy both the complainant and the agent on all correspondence relating to the complaint.

Q. Is there a time limit of when I can file my complaint?
A. Complaints must be filed within six months of when the incident took place. The Director may decide to deal with a complaint after six months and will consider:
• If the complainant is a minor or is under a disability
• If the complainant is subject to a criminal proceedings
• Whether it is in the best interest of the public to proceed with an investigation.

Q. I was involved in an incident with police prior to the official opening of the OIPRD. I do not want to file my complaint with the police. Can I file it with the OIPRD?

A. No. The OIPRD is unable to accept complaints about incidents that happened before our office opened on October 19, 2009. If you do not wish to file your complaint with the police, you may submit it to the Ontario Civilian Police Commission (OCPC), and it will be forwarded to the appropriate police service. If you disagree with the resolution of your complaint, you may file a request for review with the OCPC. If your complaint concerns serious injury involving the police, you should contact the Special Investigations Unit (SIU).

Q. I want to complain about my university/college police. Can I submit my complaint to the OIPRD?
A. Campus police are considered Special Constables. Special Constables are not defined as 'police officers' under the Police Services Act, and the OIPRD cannot accept complaints about their conduct. You may direct any complaints about campus police to the administration of your institution.

Q. Can I file an anonymous complaint?
A. No, anonymous complaints will not be accepted. Complainants must identify themselves when submitting a complaint to the OIPRD so that we may conduct a fair and transparent investigation of your complaint.

Q. Who will investigate the complaint?
A. The OIPRD is responsible for recording and classifying all public complaints. They are also responsible for deciding who will investigate the complaint. Your complaint may be investigated by:
• The OIPRD
• The same police service the complaint is about, or
• Another police service.

Regardless of who investigates a complaint (the OIPRD or the police), the investigator will tell the complainant:
• How the complaint will be investigated
• What cooperation is required from the complainant
• How a decision will be reached
• What action will be taken at the end of the investigation.

Policy and Service Complaints:
• All policy and service complaints will be sent to the service in question for investigation
• All policy and service complaints will be the subject of a written report, and
• Complainants and the OIPRD will always be notified of the disposition.

Conduct Complaints:
When police investigate:
A report will be completed by the police service and sent to the OIPRD, respondent officer and complainant:
• Where the Chief believes on reasonable grounds that misconduct or unsatisfactory work performance occurred, s/he may order a hearing if the conduct was of a serious nature
• Where the conduct is not of a serious nature, the matter may be resolved informally if the Chief, respondent officer and complainant consent
• The officer and complainant have a 12-day cooling off period to withdraw consent after informal resolution agreements.

When OIPRD investigates:
A report will be completed and sent to the Chief, respondent officer and complainant stating:
• whether the complaint was unsubstantiated or on reasonable grounds that there was misconduct,
• in the opinion of the Director, whether the conduct was not of a serious nature
• where the conduct was serious in nature, the Chief may hold a hearing
• if the conduct was determined by the Director to be not of a serious nature, the matter may be resolved informally if the officer, Chief and complainant consent.

Q. What is Local Resolution?
A. Local Resolution involves complaints that are not part of the public complaints system and are called Local Complaints. Local Resolution is when you choose to go directly to the police service in question with your complaint and come to an agreement about how to resolve your complaint. Before agreeing to participate in Local Resolution, you must be told about the OIPRD and agree to participate in Local Resolution instead of filing a complaint with the OIPRD.

Q. What are the benefits of Local Resolution?
A. The OIPRD recommends Local Resolution as an effective way to resolve many complaints. Local Resolution can help open the lines of communication between community members and the police. It can also offer an opportunity for the police to explain police policies and procedures directly to community members, while providing community members with the chance to explain their perceptions of police services in their neighbourhood.

Q. What can be resolved through Local Resolution?
A. Some conduct complaints are too serious to be resolved locally. The OIPRD has issued guidelines to determine whether or not a complaint is suitable for Local Resolution.

Complaints cannot be resolved through Local Resolution if they are too complex to be resolved within 30 days of the initial complaint. If a complaint cannot be resolved through Local Resolution within 30 days, it must be forwarded to the OIPRD.

Q. How will the Local Resolution take place?
A. When a complainant chooses to make a complaint at a police station, and the complaint is deemed appropriate for Local Resolution, there are many ways to proceed.

The supervisor who is on duty may offer:
• An immediate solution which is agreeable to the complainant
• To set up a meeting at another time which is agreeable to both the complainant and the officer(s)
• To look into the complaint and contact the complainant by phone to discuss a resolution

Complainants must be prepared to:
• Provide their full name, address, telephone number and date of birth
• Tell the police what happened
• Explain what they feel would be an appropriate resolution
• Agree to the final resolution and sign a form indicating that the complaint has been resolved in a satisfactory manner.
The police are required to:
• Listen to the complaint
• Explain what action can be taken
• Explain what cannot be done during the process so that the complainant understands the limitations
• Confirm the process with the complainant, including who will deal with the complaint and what the resolution will be
• Complete and sign the required forms and forward them to the OIPRD
• Provide the complainant with copies of all forms.

Q. Can I bring someone with me to a meeting with the police?
A. You may have someone accompany you to a meeting with police as part of the Local Resolution process, however, this person may not speak on your behalf. The person that accompanies you to a Local Resolution meeting is present only to provide moral support.

Q. What are some possible resolutions?
A. Some resolutions that may arise out of the Local Resolution process could be:
• Having the respondent officer make an apology or attend a training course
• Creating an opportunity for a face-to-face meeting between the officer, the complaint and the person facilitating the resolution process
• Providing the parties with advice or support on how best to deal with the complaint and prevent similar incidents from happening in the future.

Q. Can I still file a complaint with the OIPRD?
A. If you decide to participate in Local Resolution, but you are unable to agree to a proposed resolution within 30 days, you may file your complaint with the OIPRD. If you decide to participate in Local Resolution, but you are unable to agree to a resolution, you may also file your complaint with the OIPRD.

Q. What happens if my complaint isn't resolved?
A. Complaints that are not resolved through Local Resolution can be filed with the OIPRD.

Q. What happens if we agree on a resolution but it's never carried out?
A. Once the complainant and respondent officer have agreed to a resolution, the police must follow through with the process and provide proof of the final resolution. If the resolution that was agreed to is not carried out, the Local Resolution will be deemed to have failed. Complainants may then file their complaint with the OIPRD.

Q. I'm not comfortable going to a police station to make my complaint. Do I have to use Local Resolution?
A. If you do not feel comfortable going to a police station to make your complaint, you are free to contact the OIPRD to make your complaint. As a complainant, you should not feel pressured to use Local Resolution. Complaints made to the OIPRD can be e-filed, mailed, faxed or made in person. Complaint forms are also available at all ServiceOntario locations and in many community centres and legal clinics.

Q. I agreed to a Local Resolution, but I changed my mind. What happens now?
A. If you have agreed to participate in Local Resolution, but have changed your mind, you may revoke your consent, provided that the resolution has not taken place. You may then file your complaint with the OIPRD.

Q. When can I ask for a review?
A. If you have made a complaint to the OIPRD but have been notified by the Chief of Police that your complaint is unsubstantiated or not of a serious nature, you are entitled to ask the OIPRD to review the decision.

Q. How long do I have to ask for a review?
A. You have 30 days from the date you receive notice that your complaint has been found to be unsubstantiated or not serious in nature to request a review.

Q. How do I ask for a review?
A. If you would like to request a review of your complaint, you must submit your request in writing. Your written request must specify the outcome that you believe to be appropriate, explain why you are requesting the review and include any evidence that supports your request for review. You may contact the OIPRD at 1-877-411-4773 if you require further instruction.