Amendments to Alberta's Police Act

The Fall 2010 legislative session saw the passage of significant amendments to the Police Act. The Act has been largely unchanged since its implementation almost 40 years ago. The increasing prominence of policing issues, particularly the handling of complaints respecting officer conduct, has resulted in a need to modernize the Act to reflect these new realities.

The new Act has received royal assent, but has not yet been proclaimed in force. You can find a copy of the amendments here.

Some of the major amendments include:

• A new definition of a "complainant", which requires some connection between the complainant and the alleged misconduct;
• New, specific contents of a "complaint", how it can be lodged, and the powers of a Chief of Police to obtain further information from a complainant;
• A new limitation provision, which is now one year from the incident date, or one year from when the complainant knew or ought to have known of the alleged misconduct, whichever is later;
• More emphasis on the active participation and cooperation of complainants in the investigative process;
• Greater emphasis on the availability of dispute resolution mechanisms during the complaint process; and
• Significant changes to the Law Enforcement Review Board appeals process, including a preliminary review of an appeal by the Board within 30 days of filing, more specific appeal management procedures, and a 60-day timeline to deliver appeal decisions.

These amendments will directly impact how police services in Alberta receive, manage, investigate and dispose of conduct complaints, as well as the management of LERB appeals.

Our firm represents police services and Professional Standards branches in all aspects of the Police Act complaints process, from general advice on regulatory, policy and investigative issues through service hearings and LERB appeals. If you would like to learn more about these amendments, or discuss their impact on your organization, please contact:

Derek Cranna (Edmonton)
Phone: 780 423 7665
Fax: 780 428 9329
E-mail: dcranna@fieldlaw.com

Kelly Nicholson (Calgary)
Phone: 403 260 8515
Fax: 403 264 7084
E-mail: knicholson@fieldlaw.com

February 18, 2011

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