According to section 179 of the Police Act, RSBC 1996, c. 367, nothing in the Act or regulations prohibits civil or criminal proceedings against a member or former member.
Who to name on the court forms
If you want to sue, Section 2 of the Police Act states that the Minister is responsible for ensuring adequate and effective levels of policing and law enforcement is maintained throughout BC. Currently, that Minister is the Minister of Public Safety and Solicitor General.
Section 20 states that a municipality, regional district, government corporation or other prescribed entity is jointly and severally liable for a tort committed in the performance of the person’s duties, and section 21 discusses the personal liability of the police officer.
- To sue a police officer from a city or district, in addition to the individual, include the city or district they work for.
- To sue an RCMP officer, in addition to the individual, include the Ministry of Public Safety and Solicitor General.
A key case is Roy v. British Columbia (Attorney General), 2005 BCCA 88 (CanLII), which discusses sections 3(1) and 14 of the Police Act. These touch on responsibilities of the government and agreements to use RCMP.
How to serve the court forms
Check out Our Legal Knowledge Base entry on Service of Parties.
Content reviewed October 10, 2024
- Police Act [RSBC 1996] Chapter 367 - BC Laws
- Roy v. British Columbia (Attorney General), 2005 BCCA 88 - CanLII