When you are upset enough about the way someone is driving and you call the police to make a complaint about it, the last thing that you expect to happen is to be discouraged by the complaint taker. Worse still, when you insist and get to speak with a constable they tell you that there is nothing to be done as well.
The gentleman telling me this story had the licence plate number of the offending vehicle, dash cam footage of the incident and was willing to attend court as a witness. After making the call to the police force responsible and facing this kind of response, he wanted to know what else he could do. Needless to say, he was very discouraged.
The Complaint Taker
The complaint taker's job is to listen to what you have to say, record the information and pass it along to an investigator for follow up. Aside from the occasional retired officer that takes this job, they have no legal training and should not be telling you what can and cannot be done with your complaint.
Having said that, they will do some triage to decide how to handle the complaint. If information is obviously lacking or the person complaining is not willing to attend court the report can be written and terminated with the call.
That was not the case with this complaint. There was more than enough evidence to justify an investigation.
The Officer
From the gentleman's story it appeared that the officer assigned to the investigation was not a traffic officer. He reiterated the call taker's advice that nothing could be done because the gentleman could not identify the driver.
The officer is getting a little ahead of himself here. Identifying the driver was part of his job, not the complainant's. The licence plate number and Section 84 of the Motor Vehicle Act give him exactly what is necessary to do this.
This Situation is Not Uncommon
Based on my own experience and correspondence with others, this is not an uncommon situation. Is it a symptom of insufficient training, lack of oversight or a deliberate attempt to avoid having to provide a service?
However, within reason, the police have a duty under Section 7 of the Police Act to keep public order. While law enforcement possesses common-law investigative discretion to triage traffic complaints based on safety risks and resources, that discretion should not apply to an actionable file. When a citizen hands over a complete evidence package—a licence plate, video footage, and a commitment to testify—failing to investigate crosses the line from sensible triage into a failure of service.
Escalate Your Complaint
If you are faced with a refusal to investigate, do not simply walk away. You have options to escalate the matter:
- Ask to speak with the officer's supervisor, the shift Sergeant or the Traffic Section Supervisor.
- Contact the Officer in Charge of the detachment or municipal department.
- Contact your local government or MLA.
If a local supervisor fails to resolve the issue, you can escalate the matter to BC's formal civilian oversight bodies. For municipal departments (such as Vancouver, Victoria, or Delta Police), complaints are handled by the Office of the Police Complaint Commissioner (OPCC). For the RCMP, files go through the Civilian Review and Complaints Commission (CRCC).
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