5. Get LECA’s decision

When the Law Enforcement Complaints Agency (LECA) investigates your complaint, they decide whether it is:

• unsubstantiated, or
• substantiated

Unsubstantiated complaints

The investigator may decide that your complaint is unsubstantiated. This means they believe there is not enough proof that the officer broke the rules in the police code of conduct.

LECA closes your complaint file and nothing more happens.

Review

You can challenge the investigator's decision if you disagree with it. The process to challenge it depends on who investigated your complaint.

Police service: If a police service investigated your complaint, you can ask LECA to review the decision.

LECA reviews the investigation and may:

• agree with the police service's decision
• ask a different officer or an independent person to do another investigation
• change the decision

You must ask for a review within 30 days of getting the decision. Use LECA's request a review form.

LECA: If LECA investigated your complaint, you must apply for a judicial review at the Ontario Divisional Court.

In a judicial review, the court decides if LECA's decision was reasonable. The court may:

• agree with LECA
• ask for another investigation, or 
• change the decision.

Judicial reviews are complicated. There are strict timelines that must be followed. It's best to get advice from a lawyer.

Substantiated claims

The investigator may decide your complaint is substantiated. This means they believe that the officer broke the rules in the police code of conduct.

Punishments

LECA or the police service who investigated your complaint recommends how the officer should be disciplined or punished. For example, they can recommend that the officer be:

• formally criticized,
• suspended with or without pay,
• moved to a lower rank,
• ordered to attend training or counselling, or
• fired.

The head of the police service decides how the officer is punished. If the investigator recommends that the officer be moved down a rank or fired, then there will be a hearing.

If the officer is not punished, you can ask LECA to review that decision using the request a review form.

Hearing

If LECA or the police service recommends that the officer be moved down a rank or fired, there is usually a hearing at the Ontario Police Arbitration and Adjudication Commission (OPAAC). There is a lawyer who represents the police service. And a lawyer who represents the officer.

At the hearing, the OPAAC looks at the evidence and listens to what both sides say. The OPAAC then decides if the officer broke the rules. And if so, decides how they should be punished.

You have the right to take part in the hearing. You can:

• say what happened and how it affected you
• explain why you think the officer be punished in a certain way
• ask witnesses questions

You can also get a lawyer to help you or represent you at the hearing.

You can usually choose how much you want to take part in the hearing. But you may have to testify about what happened. When you testify, the lawyer for the police service asks you questions about what happened.

The lawyer for the officer may also ask you questions. This is called a cross-examination. They may ask you questions to see if you told the truth or to get details that can help the officer's case. For example, if you did anything to make the officer break the rules.