Just like any other citizen of Canada who is a suspect in a criminal investigation, you have the right to remain silent. If PSB asks you for a cautioned statement, or they use language that sounds like a “soft caution”, politely decline to give a statement and call the OPPA Legal Department immediately.
You should submit a request for Legal Indemnification from the OPP pursuant to Police Orders. If the OPP or its insurer determines that they are in a conflict of interest and cannot represent you, submit a LAP application through your Branch to the Association. You should act quickly because you will have 20 days to submit a Statement of Defense unless someone obtains an extension of time on your behalf.
Prepare a draft Duty Report in a first-person, narrative format and send it to the Legal Department (legal@oppa.ca or fax to (705) 728-6225) along with any other documentation relating to the matter, including the order from PSB, a copy of the complaint, your notes and the Duty Report Preamble (which you will find on our website under Resources/Legal).
Make sure to call and confirm that all documents you sent were actually received by the Legal Department. Don’t forget to provide us with your contact information (home number, cell number, work number, personal e-mail address) as we will review your draft and call you with advice.
Do not wait for the last day of the 10 day period as it may take us a few days to call you. While PSB may be amenable to granting an extension, if you do not comply with the 10 day order you may be subject to an insubordination charge. It is your responsibility to keep track of the date your Duty Report is due and to seek and receive written confirmation of extension requests (if required).
NOTE: You do not need to complete a Legal Assistance Plan application form or any other intake form for the purposes of the duty report review detailed above.
While there is a lengthy discussion in the SCC decision about officers’ notes, there is to be no change from the way you would normally do your notes. Complete your notes in accordance with your duty and training, which includes, where appropriate, properly articulating the reasons for your actions. The Supreme Court has ruled, however, that if you are involved in an SIU investigation, you must complete your notes prior to speaking to legal counsel.
Pursuant to our current LAP policy, all uniform members are automatically covered for PSA matters, regardless of whether the incident occurred on or off duty. If you wish the Association to assist you in the defence of the matter, however, you must submit a LAP application through your Branch President. Applications are available on-line under Resources/Legal, or from your Branch.
Advise your Branch President and arrange to have a Branch representative present with you during the interview. Prior to the interview, refresh your memory of the incident by reviewing your notes or any other reports of the incident that you have authored – do not read other people’s notes or reports.
Society holds police officers to a very high standard of conduct so the Code of Conduct applies to police officers whether they are on or off duty. Section 80(2) of the Police Services Act states, however, that a police officer shall not be found guilty of misconduct if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force
While officers are subject to the Code of Conduct 24/7, the OPPA takes the position that the Employer can only order you to provide a Duty Report in relation to time when you were on duty, when you placed yourself on duty, or when you were in possession of a major piece of equipment belonging to the Employer (a car or gun for example). Each case can turn on its own facts, though, so please contact one of our Legal Counsel for advice specific to your situation. Be aware that PSB has a more expansive position as to when they believe they can order an employee to account for time when the employee was not on the company clock.
In an ordered interview for a PSA investigation, the answer is yes. During the interview, be honest, open and forthright and ensure that you answer all questions to the best of your abilities and recollection. If PSB later learns that you have not been truthful, that you tried to mislead them, or that you did not tell them everything related to the incident, they could investigate you for deceit, which, in many cases, is far worse than the original allegations. If you have concerns regarding what to tell PSB, please call the OPPA Legal Department.
Since you are being ordered to give a statement (either in the form of a Duty Report or in an interview), your statement is not voluntary and cannot be used against you in criminal court. If you refuse to abide by a lawful order, you could be charged with insubordination. If you are interviewed by PSB, ensure that the record reflects that you are not there willingly, that you have been ordered to attend to give the statement, and that the statement you give is not voluntary (you can read in the OPPA Duty Report Preamble if you wish). The statement may be used against you at a PSA hearing.