Criminal law

Arrest

Who can file a complaint?

Whether they are adults or adolescents, the victim or a witness to a crime can file a complaint with the police. A member of the victim’s family can also file a complaint.

Similarly, an organisation, like a city, school, or community centre, can file a complaint through a representative (i.e., a member of the board of directors, the principal, or an employee).

Here are a few examples of situations in which a complaint could be filed:

• 17-year-old Philip had his car stolen by four adolescents. He is the victim of a crime and can file a complaint.
  
  
• 16-year-old Isabelle sees a man breaking her neighbour’s window and entering the house. She is the witness to a crime and can file a complaint.
  
  
• 16-year-old Christopher spray-painted graffiti on the outside wall of his school. The school is the victim of a crime and the principal can file a complaint.

To whom should the complaint be made?

In order to file a complaint, one must contact the municipal police force in the area where the crime was committed (for example, the Service de police de la Ville de Montréal or the Sûreté du Québec).

In addition, an adolescent who feels threatened can seek the support of a teacher, the principal of his school, a social worker, or any other trusted adult. These adults can help him contact the police and decide whether to file a complaint.

To whom should the complaint be made?

In order to file a complaint, one must contact the municipal police force in the area where the crime was committed (for example, the Service de police de la Ville de Montréal or the Sûreté du Québec).

In addition, an adolescent who feels threatened can seek the support of a teacher, the principal of his school, a social worker, or any other trusted adult. These adults can help him contact the police and decide whether to file a complaint.

How do you file a complaint?

The way in which a complaint should be filed varies depending on the crime committed:

• The complainant can go to his local police station or to one in his region.
  
  This is often the case for the victim of a minor crime, such as a bike theft. At the police station, the victim files the complaint and makes a statement. The police report can then be used for his insurance claim.
  
  
• When the circumstances of the offence make it difficult for the victim to go to the police station, he can stay where he is and file a complaint when the police arrive on the scene.
  
  For example, the caretaker of a park notices a youth being savagely beaten by two other people. The caretaker dials 911. Upon the arrival of the police, the victim will be questioned and can file a complaint against his aggressors.
  
  
• Also, certain police stations accept complaints by telephone. However, this service is not offered by all stations.

Does a complaint have to be made in writing?

A complainant verbally reports a crime to the police and they write an occurrence report. However, in most cases, the complainant must also write a statement which he then signs. This will be attached to the report.

What should a person do if he believes that an adolescent plans to commit a crime?

Anyone, adult or youth, can inform the police if he has reason to believe that an adolescent will commit a crime. For example, one day at school, 15-year-old Luke overhears a group of students planning to rob someone in a few days at an ATM machine near his house. Luke worries that someone will get hurt – after all, his parents often use that very machine! He decides to tell the police the details of the planned crime.

When you think that a person is in danger due to a crime that is being planned, you are obligated to report what you know to the police.

Can a police officer file a complaint?

A police officer can always file a complaint, regardless of what the victim does. The police officer can decide whether or not to exercise this power, depending on the situation. However, when a crime is committed, his main role is to inform the victim of his right to file a complaint. He also explains the steps that follow the filing of a complaint.

Can the identity of a complainant be kept anonymous?

When someone other than the victim files a complaint, they can request that their identity remain anonymous. This might be important to the complainant if he has witnessed a crime or when he informs the police about a crime that has not yet been committed. The fact that the complainant wants to keep his identity secret can complicate the work of the police. Even so, the option is open to him.

If the complainant is also the victim of the crime, it is possible that he will be called to testify in court. Certain measures can be used to protect the victim. To learn more about this topic, consult the Jeune pour jeunes section entitled The victim.

Can the accused youth find out the identity of the complainant?

Yes. If charges are laid against the adolescent, his lawyer will give him a copy of the police report, which includes the name of the complainant.

However, the accused youth cannot get the name of the complainant from the police, because the police file is not a public document. In most cases, however, the accused knows the complainant.

Does the complainant have to testify in court?

As a general rule, the complainant testifies in court. If he is summoned to testify, he must appear before the judge to present his version of the facts.

If a person other than the victim reports a crime that was already committed or one that is about to be committed, he only has to go to court if his testimony is needed as evidence by the Crown counsel.

Is it possible for the complainant to withdraw his complaint?

No. Once a complaint has been filed, it is impossible for the complainant to withdraw it. Once the proceedings begin (for example, there is a court appearance), it is up to the Crown counsel to decide whether or not to withdraw the complaint.

1. Service de police de la Ville de Montréal
2. Sûreté du Québec
3. Texte de la loi