Police Act Complaints
The police in Nova Scotia are well trained and have a difficult job to do. Generally, they handle difficult situations with professionalism. Nevertheless, there are circumstances when a member of the public may feel they were dealt with inappropriately by the police, or in some circumstances injured by aggressive or inappropriate police actions. As the dictum goes, with power comes great responsibility.
We have experience reviewing circumstances of individuals that have been injured by police actions. In Nova Scotia there is a SIRT (Serious Incident Response Team) which is an independent body that will investigate any complaint. Regardless of the outcome of the SIRT complaint, you also have an option to have any alleged inappropriate police conduct made the subject of a Police Act complaint. The Police Act covers all police officers in Nova Scotia and mandates their obligations toward investigations and members of the public. Allen Law Inc. has experience in appropriately and ethically dealing with complaints against police officers in Nova Scotia. We also have experience in advising police that may be subject to a complaint and facing disciplinary action.
Suing for police abuse
Whether or not you have a civil claim against the police depends upon many factors. Police have a difficult job to do in often difficult situations and they are allowed to use reasonable and appropriate force and actions to get their job done. Nevertheless, there can be times where there is a bad apple or actions are taken that are outside what is reasonable. Injury and trauma is often the result. Whether or not you have the right to pursue a claim against the police or even should consider it depends on many factors and it is important to have legal advice.
A civil action against police in Nova Scotia can be maintained and often depends upon where the incident occurred and where the officer was employed. For municipal police forces, generally the municipality is named and in some circumstances the province. If it involves a complaint and civil law suit against the RCMP, the federal government is named via the Attorney General of Canada. A law suit involving police services is a unique area of law and requires experienced counsel that knows the ins and outs of how to proceed. Allen Law Inc. has represented those injured by wrongful, and overly aggressive policing in Nova Scotia.
Are you a police officer facing disciplinary action?
Policing is a challenging profession and there are exceptional responsibilities and stresses placed upon an officer. If you are facing disciplinary action, a Police Act complaint or a civil action, your union will appoint competent counsel to assist you. There may be other issues that may affect how you wish to proceed and often obtaining outside independent legal advice is appropriate. If you have been suspended while a complaint is being investigated, under the Nova Scotia Police Act, you must continue to receive pay and allowances for at least sixty (60) days during the suspension. After this time it is up to the police chief as to whether you will continue on with or without pay. Allen Law Inc. have advised police officers in appropriate circumstances and we are available for consultations.