Nova Scotia

NDP bill would standardize time limits for filing police complaints

Nova Scotia Justice Minister Mark Furey says it’s reasonable for people to expect consistency when it comes to filing a complaint against the police.

Timelines are different for complaints against RCMP and municipal police forces

A woman stands outside a courtroom.
Carrie Low's legal challenge of the time limits on filing a police complaint is at the heart of a bill introduced by the NDP on Thursday at Province House. (Robert Short/CBC)

Nova Scotia Justice Minister Mark Furey says it's reasonable for people to expect consistency when it comes to filing a complaint against the police.

The New Democrats introduced legislation at Province House on Thursday that would amend the Police Act to give people a limit of one year to file a complaint against municipal police, up from the current six months, which would bring it in line with the limit for filing a complaint against the RCMP.

The discrepancy is at the heart of a legal challenge happening right now in Nova Scotia Supreme Court as Carrie Low attempts to force the Office of the Police Complaints Commissioner to hear her complaint against Halifax Regional Police.

Low alleges police mishandled her case after she reported being sexually assaulted. However, she didn't realize there was a problem until after the six-month statute of limitations expired and so the commissioner would not hear her complaint.

When the countdown begins

NDP House Leader Claudia Chender said her party wanted to keep the bill as simple as possible hoping it would prompt the government to act quickly. They also want to see the countdown on the time limit only start after someone realizes there has been misconduct.

"If people don't know that there's been misconduct on the part of law enforcement, then how can they stay within that time period?" Chender told reporters.

Furey said staff in his department are examining the bill but it was already on their radar because others, including the Wortley report on street checks, have raised the issue.

"It's certainly reasonable to take a very close look at this piece of legislation," he said, adding that the change might only require an update of regulations.

Furey said Low's call to standardize time limits is "a reasonable request."

"It's important that Nova Scotians, in their access to justice, have equal access to those circumstances," he said.

ABOUT THE AUTHOR

Michael Gorman is a reporter in Nova Scotia whose coverage areas include Province House, rural communities, and health care. Contact him with story ideas at [email protected]