Public access to the police complaints system in Ontario should be broadened to allow for complaints by witnesses and other third parties, according to a CCLA application for judicial review filed recently in Ontario Superior Court.

This case arose after Ontario resident Roger Rolfe was denied the right to file a complaint. Rolfe stated that he was shocked and had difficulty sleeping after he saw a police officer slam a passive woman to the ground, causing her to bleed.

According to the Police Services Act, only people who have been “directly affected” by police conduct are allowed to file complaints. This language has been interpreted by the Ontario Civilian Commission on Police Services (OCCOPS) to prohibit even complaints filed by witnesses to serious police misconduct.

CCLA General Counsel A. Alan Borovoy contended that such statutory language should be interpreted broadly because “in many circumstances, witnesses and third parties may be the only individuals willing and able to come forward to file complaints. Without them, many police misdeeds may go unreported and police accountability will suffer accordingly.”

Crawford Smith of Torys LLP is representing Mr. Rolfe and CCLA in the case.