What should I do if my rights are violated by the Police?

If your rights are violated during the arrest process or any police interaction in Canada, there are legal steps you can take to address the situation and seek justice. 

Step 1: Document the Violation

As soon as possible after the incident:

Write Down the Details

Names and badge numbers of the officers involved

Date, time, and location of the incident

Specific actions or statements that you believe violated your rights

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Gather Witness Information

If there were any witnesses to the incident, try to get their names and contact information

Witnesses can support your version of the events

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Collect Supporting Evidence

Take photos

Record videos (if legally permissible)

Save written documentation or physical evidence (e.g., medical records if injured)

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Step 2: Seek Legal Representation

Contact a Lawyer:
A lawyer can help you understand your options, file complaints, and pursue legal action

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You may be eligible to seek damages for:

• Unlawful detention
• Use of excessive force
• Illegal search or seizure

Legal Aid:
If you cannot afford a lawyer, you may qualify for legal aid or low-cost legal support services.

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Step 3: File a Complaint Against Police Misconduct

You have the right to file a complaint if you believe the police acted improperly or violated your rights. This is protected under the Police Act and each province’s oversight body.

When and Where to File a Complaint:

• Timelines:
  Most agencies require the complaint to be filed within six months to one year from the date of the incident.
• Exceptions may apply (e.g., ongoing criminal investigations or proceedings related to the incident are pending or ongoing).

Identifying the Right Oversight Agency:

Choose the right channel to submit your complaint.

• Each province in Canada has independent agencies that handle complaints about police misconduct.
  In Alberta: Alberta Serious Incident Response Team (ASIRT)

Take Note

ASIRT does not accept complaints directly from the public and can only accepts cases as assigned by the Director of Law Enforcement.
A lawyer may be able to assist with a petition in this regard. 

• RCMP Complaints: If your complaint involves the RCMP you can file it with the Civilian Review and Complaints Commission for the RCMP (CRCC).
  An RCMP Complaint can be made online, by fax or by mail to Civilian Review and Complaints Commission for the RCMP.
• Municipal Police (e.g., Edmonton Police): In Edmonton, your lawyer might recommend that you file the complaint through the Edmonton Police Service website.

How to File the Complaint

Gather Your Information

Include date

Time

Location

Officer details

Witness contact info

Include photos, videos, or other documentation

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Choose a Submission Method

Online: Most oversight bodies have a complaint portal

By Mail or Fax: Use the mailing address listed on the agency’s website

In Person: Some police services accept walk-in complaints

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Complete the Complaint Form

Fill out all fields carefully

Submit it through your chosen channel

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Step 4: What Happens After You File a Complaint?

Once your complaint is filed, the oversight agency will review it and determine if it warrants a formal investigation. If an investigation is launched:

• You may be contacted for more information i.e., the investigator might ask you for additional details or clarification.
• You should receive updates as the investigation progresses, though the length of time varies based on the case complexity.

Step 5: Possible Outcomes and Appeals

After the investigation, the oversight body will decide if any action should be taken.
Possible outcomes can range from:

• No action taken
• Disciplinary measures against the officer(s)

If you disagree with the outcome, some agencies offer an appeal process, allowing you to request a review of the decision.

Step 6: Legal Action If Facing Charges

If you were charged with an offence, and believe your Charter rights were violated(for example, an illegal search or coerced confession), your lawyer can request an Exclusion of Evidence, under Section 24(2) of the Canadian Charter of Rights and Freedoms.
This section allows courts to exclude evidence obtained in a way that infringes on your Charter rights, as its inclusion could bring the administration of justice into disrepute.

Step 7: File a Civil Lawsuit (If Applicable)

In some cases, you may be able to file a civil lawsuit against the police or the police service involved if:

• You suffered significant harm
• You were unlawfully detained or Excessive force was used against you

Civil lawsuits are complex. Always consult a lawyer to determine if your case is viable.