How to file a complaint about police in Ontario

In Ontario, there are three bodies to which members of the public can submit complaints about police or police boards: the Law Enforcement Complaints Agency (LECA), the Inspectorate of Policing (IoP), and the Special Investigations Unit (SIU). For more information about these bodies see Governance of policing in Ontario.

Governance of policing in Ontario
In Ontario, policing is governed by the Community Safety and Policing Act, 2019 (CSPA), which came into effect on April 1, 2024, replacing the Police Services Act, 1990 (PSA). Community Safety and Policing ActCSPA s. 11(1) requires that “adequate and effective policing” be provided throughout Ontario. In jurisdictions with

The Special Investigations UnitSIU is responsible for investigating potential serious crimes committed by police officers, the Inspectorate of PolicingIoP handles complaints about general policies or procedures of a police service, and Law Enforcement Complaints AgencyLECA handles misconduct complaints against individual police officers.

To set expectations, the complaints processes run by these bodies are not set up for the complainants, nor should you have any expectation that you will have a positive outcome if you submit a complaint. They are designed to ensure that as few complaints as possible result in a negative outcome for police. Despite this, COPOUT 613 encourages members of the public to submit complaints about harm caused by police, whether that be misconduct by individual officers or general policies, to continue to highlight those harms.

Part 1 (below) will explain how to submit a complaint to Law Enforcement Complaints AgencyLECA.

Part 2, covering complaints to the Inspectorate of PolicingIoP, will be added soon.

Part 1

LECA

Who can submit a Law Enforcement Complaints AgencyLECA complaint?

Law Enforcement Complaints AgencyLECA handles complaints alleging misconduct by individual officers, rather than general policies or practices of a police service. If more than one officer was involved in the same incident, they can all be included in a single complaint. You can also submit a complaint about an officer whose identity you don't know, but the more information you have about them, the better the chances of being able to identify them.

Only a person who was affected by the incident can submit a complaint. Under the Community Safety and Policing Act (CSPA), s. 158(3), a person is only considered to be "affected" if one of the following descriptions applies to them:

  • the alleged misconduct happened to them
  • they witnessed it happen to someone else
  • they were in a personal relationship with the person that the alleged misconduct happened to
  • they "suffered loss, damage, distress, danger or inconvenience" due to the incident

A complaint must normally be submitted within six months of the incident, but Law Enforcement Complaints AgencyLECA can accept complaints submitted later than this, particularly when there are criminal proceedings related to the incident that last longer than six months and the complaint is only submitted after those proceedings have concluded.

How to make a Law Enforcement Complaints AgencyLECA complaint

Step 1

To make a complaint, begin with the LECA complaint form. A link to this form can also be found on the homepage of the LECA website.

Most of the fields in the form are straightforward, but for unclear reasons, the date of birth field is required.

The most important field is the text box where you will provide the details of the incident. It's a good idea to write out this portion in a word processing document first, then copy it into the form. Try to ensure you have as much factual information as possible about the incident: the date and time, the location (including cross streets and intersections), and what the circumstances were when the incident happened (were you at a protest, or stopped while driving, etc.). It is not required, but certainly helpful, to have officers' names and badge numbers. If you have photos or videos that can help as well. Witnesses make your complaint stronger if you have them. While it's not necessary, it also helps if you can point to specific breaches of the officers' code of conduct under the Community Safety and Policing ActCSPA).

There's a checkbox in the form asking whether you would like to make use of "early resolution." This is essentially a means of diverting complaints from the full investigation process. We don't recommend checking this box.

Finally, you will have to make a declaration that the information you provided is true.

Before you submit the form, it's a good idea to print a (paper or PDF) copy of the complaint and keep it for your records. You should also save a copy of the document in which you wrote out the details of the incident.

Once you submit the complaint, you should receive an email within a couple of days indicating the case number of your complaint. Ensure you keep that case number. As the process continues you can check the status of your complaint, although the status is not very informative.

Step 2

A Law Enforcement Complaints AgencyLECA case worker will assess your complaint. At this stage, Law Enforcement Complaints AgencyLECA can decide to reject your complaint or to accept it for investigation. It could be a few weeks or a few months before you receive a decision at this stage.

If the complaint is rejected, Law Enforcement Complaints AgencyLECA will send you a letter providing some reasoning for their decision. Depending on what reasons they give, you might want to simply correct whatever faults they found with your complaint and resubmit it.

If it is accepted, the complaint is sent to the police force where the officer or officers who are the subject of the complaint work.

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Yes, that's correct, the police force that's the subject of the complaint investigates itself!

Within the Ottawa Police Service (OPS), it's the Professional Standards Unit (PSU) that handles complaints received through Law Enforcement Complaints AgencyLECA.

Step 3

The complaint is being investigated. An investigator from the Professional Standards UnitPSU will likely phone you to get your side of the story. This could be several weeks or months later. The Community Safety and Policing ActCSPA asks the police force conducting the investigation into their own member's conduct to "endeavour" to complete it within 120 days, and to provide updates every 30 days if they miss this target.

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NOTE: The phone call with the Professional Standards UnitPSU officer will be recorded. The officer may or may not tell you that. We recommend that you tell the investigator that you want all interaction to be in writing rather than over the phone. That is, before starting, tell the investigator that you prefer to have them send you their questions in writing via email. You can then respond in writing. Communicating in writing ensures that you have a copy of all communications between you and the Professional Standards UnitPSU, which you can refer to later, if needed. It also gives you the opportunity to be absolutely sure of what you want to say about the incident and avoid being misquoted, misinterpreted, or baited into making a statement that you did not intend to make.

You are not under investigation. It is the officer who is being investigated.

Step 4

The Professional Standards UnitPSU has gathered your side of the story. They will then investigate the incident. However, this investigation is not what most of us would consider a true investigation: aside from the information you provide, the Professional Standards UnitPSU officer will ask for a “compelled statement” from the officer who is the subject of the complaint, and possibly from a select few other officers who witnessed the incident, but will not look for other (non-police) witnesses or evidence such as security camera footage. If the police have video from their side, the subject officer will be able to review the video during the investigation. You as the complainant, on the other hand, will not be given access the video.

Step 5

The Professional Standards UnitPSU will send you their report on the investigation. It will provide the details of your allegation, possibly including the Professional Standards UnitPSU officer's subjective interpretations of what you alleged. It will summarize the subject officer's compelled statement claiming that they did nothing wrong and acted, for example, with “reasonable force,” as well as statements by other witnesses and any other evidence, such as videos. The Professional Standards UnitPSU report will cite the relevant sections of the Community Safety and Policing ActCSPA and/or code of conduct, and whether they determined that the officer did breach those sections. More likely than not, the Professional Standards UnitPSU report will find your allegation to be "unsubstantiated."

Step 6

Assuming the Professional Standards UnitPSU finds your allegation to be unsubstantiated, you have 30 days from the day you received the report to ask LECA for a review. It's best to take your time, while ensuring that you don't miss the deadline. Read the report thoroughly. Find any mistakes, misinterpretations or falsehoods in the report. Write your rebuttal based on the errors of the report. Submit the rebuttal. Send it to lecareviews@ontario.ca as well. You should print or PDF a copy of the submitted rebuttal for your records.

Step 7

Law Enforcement Complaints AgencyLECA has 90 days to give you a decision. They will likely take the full 90 days. At that point you will get a letter indicating the outcome of their review. It's highly probable that the letter will say that they concur with the chief's (meaning the Professional Standards UnitPSU's) assessment. While Law Enforcement Complaints AgencyLECA can order the police force to conduct a new investigation or take over the investigation themselves, this is very rare.

Potential outcomes

For members of the public who submit a complaint, the Law Enforcement Complaints AgencyLECA decision is more or less the end of the road. It is possible to ask for a judicial review of the decision at the Ontario Divisional Court, but spending money on a lawyer and going to court will not be likely to get you any further satisfaction. The legal system is stacked in favour of the police. A court, if you go down this route, might order Law Enforcement Complaints AgencyLECA to do another investigation, but will not conduct their own investigation.

In the unlikely event that the Professional Standards UnitPSU determines that the officer did engage in misconduct, the chief of police can impose disciplinary measures on the officer, ranging from directing the officer to "participate in a specified program or activity" or "undergo specified counselling, treatment or training" (Community Safety and Policing ActCSPA s. 200(1)) all the way to ordering that the officer be fired (Community Safety and Policing ActCSPA s. 202(1)).

In summary

  1. Before starting the complaint, ensure you have all your facts in hand
  2. Keep copies of everything you submit to Law Enforcement Complaints AgencyLECA and the Professional Standards UnitPSU
  3. Ensure that any interactions with the Professional Standards UnitPSU are in writing rather than over the phone
  4. Update your calendar with dates that you should be receiving updates on your complaint
  5. Set yourself realistic expectations: most complaints never end in satisfaction for the complainant
  6. Know that by submitting your complaint, you are helping others by shining a light on a system that is stacked against police accountability.

If you submit a complaint, please let us know at info[@]copout613[dot]ca! Help us hold the police accountable.

Stay tuned for Part 2, where we'll cover how to submit a complaint to the Inspectorate of PolicingIoP.