Public complaints (Law Enforcement Complaints Agency [LECA])
Effective date: April 1, 2024
This policy describes the process for complaints from the public about Legislative Protective Service Peace Officers.
1.1 The external public complaint process shall ensure that parties to a complaint are dealt with in a way that is both fair and impartial. The process is designed to be thorough and administered without unnecessary delay. The Legislative Protective Service (LPS) is committed to ensuring that the complaint process is accountable and transparent both to the public and to members of the LPS, and that the process respects the rights of the complainant and the Subject Peace Officer(s).
1.2 The Law Enforcement Complaints Agency (LECA), which provides independent civilian oversight to policing services, will receive and manage all public complaints concerning the conduct of a Peace Officer (PO) of the LPS. For complaints made against Protective Service Officers (PSOs), and for internal complaints made against POs, please see ADM-004 (Compliments and Complaints).
1.3 The Speaker of the Legislative Assembly of Ontario shall designate a senior representative of the Office of the Assembly (OA) to serve as a liaison to the LECA Complaints Director on behalf of the LPS, the “LECA Liaison Officer.”
1.4 The Speaker has delegated their duties as “Designated Authority” under the Community Safety and Policing Act (CSPA) to the Director of the Legislative Protective Service. Unless explicitly stated otherwise, reference to the Designated Authority in this policy shall be taken to mean the Director of the Legislative Protective Service.
1.5 Complaints must be made in writing and shall be acknowledged and recorded on the prescribed LECA form (opens another site).
1.6 All complaints shall be investigated on the merit and substance of the evidence and shall not involve an inquiry into the background of the complainant for the sole purpose of undermining the complainant’s credibility. Complainants shall not be dissuaded from making a complaint, nor shall they be made to feel that there may be any type of retribution for filing a complaint.
1.7 LECA will determine whether the complaint relates to the conduct of a Peace Officer the policies of the LPS, or services provided by the LPS.
1.8 LECA may decide not to deal with a public complaint if:
a) the facts on which the complaint is based occurred more than 6 months before the complaint is made;
b) the complainant was not affected by the conduct of the person who is the subject of the complaint;
c) the complaint alleges conduct that does not, on its face, constitute misconduct; or
d) in the opinion of the LECA Complaints Director, the complaint is considered to be frivolous, vexatious or made in bad faith, or dealing with the complaint is not in the public interest. (CSPA, s 158(1))
1.9 All LPS employees shall, immediately or as otherwise specified under Part X (Public Complaints) of the CSPA, comply with a reasonable direction or request received from a person conducting an investigation under Part X unless it is unlawful or impracticable to do so. (CSPA, s 178(1))
1.10 The LECA complaint process is outlined in Appendix 16.2.
2.1 Agent – an individual designated by the complainant to represent them during the process of participating in a complaint process. Agents may be any adult, excepting those individuals listed in section 154(2) of the CSPA.
2.2 Alternative Dispute Resolution – includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute.
2.3 Complainant – a person who makes a complaint under section 154(1) of the CSPA.
2.4 Complaints Director – an individual appointed by the Lieutenant Governor in Council under Part VIII of the CSPA.
2.5 Designated Authority – unless stated otherwise, references to the Designated Authority shall be taken to mean the Director of the Legislative Protective Service.
2.6 Early resolution – a program facilitated by the Law Enforcement Complaints Agency that provides an opportunity for complainants and Respondent Officers to voluntarily resolve complaints before they are formally screened under the CSPA.
2.7 Law Enforcement Complaints Agency (LECA) – an arm’s-length independent body affiliated with the Ministry of the Attorney General to administer public complaints about police.
2.8 LECA Investigator – an individual assigned by the Complaints Director to investigate a complaint made against an officer or agency under the CSPA.
2.9 LECA Liaison Officer – an Officer of the LPS assigned by the Designated Authority to coordinate the response of the LPS to the LECA.
2.10 Local response – the process by which a resolution to potential misconduct complaint is sought outside of the formal complaints process.
2.11 Misconduct – a failure to comply with the applicable rules of conduct (CSPA, s 2(1)). For the purposes of this policy, the applicable rules of conduct are contained in the Code of Conduct as outlined in ADM-009 (Deportment).
2.12 Officers – when capitalized, refers to both Peace Officers (POs) and Protective Service Officers (PSOs) of the LPS. Where a directive refers only to Peace Officers or only to Protective Service Officers, the full title or abbreviation will be used. Where the terms “officer(s)” or “peace officer” appears uncapitalized, it refers to all officers and peace officers, including those external to the LPS.
2.13 Peace Officer (PO) – means a person designated as a Peace Officer by the Speaker of the Legislative Assembly of Ontario in accordance with s 103.0.2(4) of the Legislative Assembly Act.
2.14 Subject Peace Officer – a Peace Officer of the LPS against whom a complaint has been lodged. Note, LECA documents typically use the term “Respondent Officer” to refer to the Subject Peace Officer.
2.15 Supervisor - refers to both Sergeants and PSO Leads, as well as the senior leadership staff (PSO Supervisor, Staff Sergeants, PSO Manager, Inspector/Operations Manager, and Director) of the Legislative Protective Service and the Sergeant-at-Arms.
Community Safety and Policing Act, 2019, SO 2019, c1, Sched.1 (CSPA)
3.1 The CSPA is the legislation governing the provision of police services in Ontario. With respect to the Legislative Protective Service, the CSPA outlines the role of the Law Enforcement Complaints Agency (LECA) in investigating public complaints against Peace Officers of the LPS, as well as in engaging in the examination and review of systemic issues that have been the subject of complaints or investigations or may contribute, or are otherwise related to, misconduct by Peace Officers.
3.2 The CSPA is administered by the Ministry of the Solicitor General; however, LECA is affiliated with the Ministry of the Attorney General.
Legislative Assembly Act, RSO 1990, c L.10
3.3 The Legislative Assembly Act grants the Legislative Protective Service its authorities and designates the jurisdictional areas in which it functions.
3.4 The Legislative Assembly Act also outlines how Peace Officers of the LPS are designated and what powers they hold within the LPS’ jurisdictional areas.
4.1 The Designated Authority shall designate a senior employee of the Office of the Assembly to serve as a liaison to the Complaints Director on behalf of the LPS. (CSPA 142(3)). The role of the LECA Liaison Officer is to coordinate the response of the LPS to LECA.
4.2 No LPS employee shall communicate directly or indirectly with any person from LECA unless directed to do so by the LECA Liaison Officer. All inquiries and documents shall be directed to the LECA Liaison Officer.
4.3 The LECA Liaison Officer shall distribute to the subject(s) of a complaint any notices or reports related to an investigation of that complaint that have been received from LECA.
4.4 When delivering records to the Complaints Director, the LECA Liaison Officer shall provide all requested records within 14 days of the request, highlighting any records or portions of records that may be subject to parliamentary privilege. The Complaints Director shall not disclose to the public any records determined to attract parliamentary privilege, including the public complainant, unless required to fulfill its duties under the CSPA or by legal order.
5.1 Any member of the public may make an external complaint. A complaint shall be made on a LECA form that can be obtained at the Visitor Screening Centre (VSC) or using the online LECA Complaint Form (opens another site). The LECA form can be submitted:
- electronically,
- by mail, or
- in person (by complainant or their agent).
5.2 The Designated Authority shall provide members of the public with information about the role of the Complaints Director, upon request and shall make reasonable efforts to provide copies of the LECA Complaint Form (opens another site) to members of the public.
5.3 Officers receiving complaints shall:
a) advise the complainant of the public complaints process and provide a LECA information pamphlet (“Talk to Us” (opens another site)) outlining complainant rights and methods of filing a complaint;
b) assist the complainant in completing the LECA Complaint Form (opens another site), if requested;
c) notify a Supervisor; and
d) document the basic details of the complaint (date, time, complainant name and any other pertinent details of the interaction) in the Officer’s Service notebook.
5.4 Electronic mail and telephone complaints are not acceptable formats for initiating a public complaint. Should a complaint be received in a written format other than the prescribed form (i.e., faxed/hand-delivered letter or letter received via Canada Post), the complaint must be sent to the Designated Authority, who shall then forward the information to the LECA Complaints Director for follow-up.
5.5 Officers shall accept public complaints made in relation to:
a) a Peace Officer of the Legislative Protective Service; and
b) a Peace Officer of the LPS and a sworn member of another police service in the province of Ontario, if both are involved in the set of circumstances giving rise to the complaint allegation.
5.6 Complaints about an officer from another service (a sworn member of any Ontario police service or a special constable employed by the Niagara Parks Commission), and third-party complaints will also be accepted in accordance with section 5.4 of this policy. A complainant shall be provided with the appropriate LECA form(s) to complete and return or submit at their discretion. These forms must be signed by the complainant. LECA will not accept anonymous complaints.
6.1 A local response is an agreement between all parties prior to a LECA complaint being lodged.
6.2 Local complaints must be resolvable within 15 days of the complainant reporting it to the Service. The LECA Liaison Officer may request an extension to the 15-day referral period if the complainant agrees.
6.3 A complaint shall not be deemed a local complaint if:
a) the complaint is in respect of the conduct of the Sergeant-at-Arms; or
b) if, in the opinion of the Designated Authority, it is in the public interest for the matter to be dealt with as a Part X complaint.
6.4 When a complainant attends an LPS post to make a complaint, the Officer receiving the complaint shall notify a Supervisor, who shall then contact the Designated Authority for review and follow-up. The Designated Authority may attempt to deal with the matter as a local complaint and resolve the matter locally.
6.5 Before designating a complaint as a local complaint, the Designated Authority shall:
a) explain the local complaint criteria and the local resolution process, including what action can be taken in response to a local complaint and any limitations on the process for resolving a local complaint, to the complainant;
b) advise the complainant that members of the public may make Part X complaints respecting the conduct of an LPS Peace Officer;
c) advise the complainant that they may be asked to make a Part X complaint respecting the matter if the complaint cannot be dealt with through a local resolution; and
d) give the complainant any publication or information respecting Part X complaints that LECA provides for the purpose.
6.6 Upon designating a complaint as a local complaint, the Designated Authority shall:
- confirm the process with the complainant, including who will address the complaint and what the potential resolutions may be;
- complete and sign the required form(s) and forward them to LECA; and
- provide the complainant with any written information relating to local responses and copies of all forms.
6.7 To resolve a conduct complaint locally, the Designated Authority or designate may:
- discuss the matter with the Subject Peace Officer;
- facilitate a discussion between the Subject Peace Officer and the complainant;
- facilitate an apology from the Subject Peace Officer;
- if provided the option by LECA, consider resolving the complaint through the early resolution process; and/or
- refer the matter to alternative dispute resolution if the complainant, Subject Peace Officer, and LECA Complaints Director consent.
6.8 If the Designated Authority is unable to resolve a complaint through local response within 15 days, they may request an extension from LECA. If the complaint is still unresolved after the extended time, it must be forwarded to LECA to be dealt with as a formal complaint. If the extension is not granted, the complainant must file a Part X complaint with LECA if they wish the matter to be investigated and further action to be taken. Should the complainant refuse to file a Part X complaint, no further action will be taken on the matter.
6.9 Local responses regarding conduct complaints are to be confirmed in writing by the complainant, Subject Peace Officer (if applicable) and Designated Authority.
6.10 Local responses must be documented on the LECA Local Response Summary Form (opens another site).
6.11 If a local response is confirmed, the LECA Local Response Summary Form (opens another site) must be submitted to LECA within seven days of completion of the response.
6.12 If the complainant refuses to complete or sign the LECA Local Response Summary Form (opens another site), the matter is deemed not to be a local complaint. The Designated Authority shall:
a) treat the matter as an inquiry; and
b) note the particulars in their Service notebook.
6.13 If at any time while attempting to resolve a local complaint the Designated Authority determines that the complainant has made a Part X complaint regarding the local complaint, the Designated Authority shall cease dealing with the complaint.
6.14 Where the complainant wishes to proceed by way of a Part X complaint, the complaint shall be forwarded to the Designated Authority, who shall then forward the complaint to LECA Complaints Director in accordance with sections 5.2 and 5.3.
6.15 The completion of a local response does not bar the complainant from filing a complaint with LECA under Part X of the CSPA.
Early resolution
7.1 An early resolution is an agreement between all parties after an external complaint has been lodged with LECA, but before it has been formally screened under the CSPA.
7.2 Complaints subject to the early resolution process must be referred by LECA to the Designated Authority to be resolved within 45 days of the date of notice to the Designated Authority.
Informal resolution
7.3 An informal resolution is an agreement between all parties after a complaint has been lodged with the LECA but during or after formal screening and/or investigation by a LECA investigator. Informal resolutions may only be considered where the complaint involves conduct that is deemed less serious by the LECA investigator or LECA Complaints Director. A complaint may be resolved informally at any stage of the complaint process with the consent of LECA, provided that all parties to the complaint (complainant and Subject Peace Officer(s)) agree. There are two types of informal resolutions.
Informal resolution during the investigation
When a complaint is lodged directly with LECA, the substance and nature of the complaint is not initially determined by the LPS. The investigator assigned by LECA may then resolve the complaint by way of an Informal Resolution Agreement. An Investigative Report from LECA is not required.
Informal resolution after the investigation is complete
After an investigation, when a completed Investigative Report has been filed by the LECA investigator, LECA may suggest that an informal resolution is an option, which may or may not involve referral to an internal disciplinary process.
7.4 Informal Resolutions are facilitated by a LECA investigator, with or without the assistance of an assigned Supervisor of the LPS and are to be documented on the LECA Informal Resolution Agreement form (opens another site). The Supervisor shall forward the completed, original LECA Informal Resolution Agreement form (opens another site) or the LECA Withdrawal of Complaint Against the Police form (opens another site) to the LPS LECA Liaison Officer and shall provide copies of the completed form(s) to the complainant and the Subject Peace Officer(s).
8.1 Youth under the age of 12 require an adult, agent, guardian, or member of the Law Society of Ontario to make a compliant to LECA. Youth between the ages of 12 and 18 may file a complaint and do not require the consent of a parent or legal guardian. Youth between 12 and 18 may have a support person, parent, guardian, or a member of the Law Society of Ontario throughout the process.
8.2 All investigative reports shall omit the full name of any individual who was a youth at the time of the incident, either as a complainant or witness, except as may be provided in a confidential witness list.
8.3 All reports shall omit personal information relating to an individual who was a youth at the time of the incident unless such information is required for the narrative. Initials or other less-specific identifiers are acceptable.
8.4 Prior to interviewing a youth, either as a complainant or witness, the youth shall be advised that they may have the support of, or be represented by an adult, during the interview.
8.5 No attempt at informal resolution shall take place if the complainant is under 18, unless the youth’s parent, guardian, agent or a member of the Law Society of Ontario is present.
9.1 The LPS is committed to the delivery of services that are fair, respectful, and unbiased. Discriminatory and harassing behaviour is offensive, degrading, and illegal under the Human Rights Code.
9.2 All LPS personnel shall comply with the principles of the OA policy on Discrimination and Harassment. Individuals found to have engaged in conduct constituting discrimination or harassment may be subject to discipline, regardless of whether or not a formal external complaint about the alleged behaviour has been filed with LECA.
10.1 LPS staff shall not harass, intimidate, or retaliate against any person who makes a report or complaint about their conduct or the conduct of another staff member.
10.2 Any staff member who, in good faith, reports a breach of LPS policy, Office of the Assembly policy, or an act of misconduct shall not be subject to a reprisal for making such a report.
12.1 A Peace Officer who is the subject of a conduct complaint shall receive written notification regarding the substance of the complaint.
12.2 Notice shall be provided forthwith when:
- there is evidence to support an allegation,
- the evidence, if believed, would constitute misconduct/substantiated complaint, and
- a Subject Peace Officer has been identified.
12.3 If notification may prejudice an investigation, the Complaints Director is not required to give that notification.
12.4 The Complaints Director may cause an investigation to be discontinued if they determine that continuing the investigation is not in the public interest. If an investigation is discontinued, the Complaints Director shall give notice of the decision, with reasons, to the person who is the subject of the investigation, the applicable Designated Authority and, if the investigation is being conducted by a chief of police who is not the applicable designated authority, the chief of police (CSPA, s 164).
13.1 When a complainant wishes to withdraw a formal complaint prior to the conclusion of any investigation into the complaint, they shall do so in writing using the LECA Withdrawal of Complaint Against the Police form (opens another site), which shall be submitted to the LECA Complaints Director.
13.2 The Complaints Director shall give notice of the withdrawal of a complaint and, if applicable, notice of a decision to continue to deal with or investigate it despite its withdrawal, with reasons, to the complainant, the person who is the subject of the complaint, and the applicable Designated Authority (CSPA, s 160(5)).
13.3 The Complaints Director is not required to give any notice of a decision to continue to deal with or investigate a withdrawn complaint to the person who is the subject of the complaint if, in the Complaints Director’s opinion, doing so may prejudice any such investigation (CSPA, s 160(6)).
13.4 When notified of an external complaint withdrawal, the LECA Liaison Officer shall:
- review the circumstances of the withdrawal;
- ensure the complainant has completed the LECA Withdrawal of Complaint Against the Police form (opens another site);
- forward the LECA Withdrawal of Complaint Against the Police form (opens another site) electronically to LECA, if notice of the withdrawal was given directly to the LPS; and
- determine whether further action is required.
14.1 Discussions that occur as part of an unsuccessful local response or an attempt at informal resolution shall not form part of any investigation or investigative record or any other proceedings. Local response discussions shall not be recorded without the written consent of all parties.
14.2 No statement made during an attempt at informal resolution is admissible in a civil proceeding except with the consent of the person who made the statement (CSPA, s169(4)).
14.3 In the case of a conflict between this policy and any statute or regulation, the statute or regulation shall prevail. In the case of conflict between this policy and another policy of the LPS, this policy shall prevail.
15.1 LECA Complaint Form (opens another site)
15.2 Local Response Summary (opens another site)
15.3 Informal Resolution Agreement Form (opens another site)
15.4 Withdrawal of a Public Complaint Against the Police Form (opens another site)
15.5 Accommodation Request Form (opens another site)
15.6 Agent Consent Form
15.7 De-Identified Summary Form (opens another site)
15.8 FOI Request Form (opens another site) (for submission to LECA only)
15.9 LECA Status Report (opens another site)
15.10 Request a Review Form (opens another site) (for submission to LECA only)