Section 44 of the Police Act provides for appeals to the Edmonton Police Commission (Commission) of the disposition of a complaint regarding the policies of, or services provided by, the Edmonton Police Service (Service).
- A complainant may appeal the disposition of a policy or service complaint to the Commission within 30 days from the date the complainant was advised of the disposition.
- The Commission shall review the matter and take whatever action it considers appropriate, if any, regarding the appeal.
- The Commission may appoint a committee consisting of not less than three commissioners to conduct the appeal and make a recommendation to the Commission with respect to the disposition of the appeal.
- The Commission or committee may conduct a hearing into the matter being appealed.
- Upon receiving a notice of appeal, the Public Complaint Director (PCD) will respond to the appellant in writing acknowledging receipt of the notice of appeal, providing an overview of the appeal process, and requesting any clarification that may be required.
- The PCD will send correspondence to the Chief of Police (Chief) advising of the appeal and requesting that a copy of the record be provided within 30 days.
- Once the Chief provides the record for the appeal, the PCD will forward the record to the appellant along with correspondence setting out a deadline of 30 days for the appellant to provide written submissions on the appeal. The PCD will also advise the appellant that if they wish to make oral submissions at a hearing on the appeal, they must indicate that in their written submissions along with the reason why they believe a hearing is required.
- Once the appellant provides written submissions for the appeal, the PCD will forward those submissions to the Chief along with correspondence setting out a deadline of 30days for the Chief to provide written submissions on the appeal.
- Once the Chief provides written submissions for the appeal, the PCD will forward those submissions to the appellant along with correspondence setting out a deadline of 14 days for any reply submissions the appellant may wish to provide. If the appellant chooses to provide reply submissions, the PCD will forward those submissions to the Chief.
- l Commission of the appeal at the next Commission meeting. The Commission will determine whether the appeal should be conducted by a committee or the full Commission, along with any other preliminary matters that must be determined.
- If the Commission or committee conducting the appeal decides that it will proceed with a hearing under Section 44(8) of the Police Act, a notice of the hearing will be sent to the parties who are the subject of the hearing. The PCD will be responsible for coordinating the hearing.
- If the Commission or committee conducting the appeal decides that a hearing is not required, the parties will be notified that a hearing is not required and advised that the Commission will provide a decision in due course.
- Once the Commission or committee conducting the appeal decides that a hearing is not required, the PCD will present a report summarizing the appeal to the Commission or committee that is conducting the appeal for its decision or recommendation.
- If the appeal is conducted by committee, the committee will present its recommendation (s) at the next Commission of the whole meeting for decision.
- Once the Commission makes a decision regarding the disposition of the appeal, a written decision will be provided to the appellant and the Chief notifying them of the disposition of the appeal and the Commission’s reasons for decision.
- Police Act, RSA 2000, c P-17