Public Feedback and Complaints Policy

Purpose

The Public Prosecution Service of Canada (PPSC) serves the public by prosecuting federal offences with diligence, and in a manner that is fair, impartial and objective. The PPSC does so guided by its values of respect, trust, professionalism, courage, equity and inclusion, and a commitment to truth and reconciliation.

Feedback and complaints allow the PPSC to become a better and more effective organization. Feedback helps the organization know what it is doing right and complaints help it know what it needs to improve. Feedback and complaints also help the PPSC maintain the public's confidence in the administration of justice.

This policy explains how the PPSC will handle feedback and complaints it receives from the public. This policy is also the complaint mechanism for victims of crime required by section 25 of the Canadian Victims Bill of Rights (CVBR). This document outlines the policy's detailed processes and procedures. Members of the public are also encouraged to read the Feedback and Complaints Policy section on the PPSC website at https://www.ppsc-sppc.gc.ca/eng/cmp-pln/index.html, which answers questions about the policy and how it works. Questions about this policy can also be sent to PPSC.ComplaintsandFeedback-PlaintesetRetroaction.SPPC@ppsc-sppc.gc.ca or made by phone at 1-877-505-7772.

Statement of Values

The PPSC will handle feedback and complaints from the public in a way that is:

  1. Fair, impartial, and objective;
  2. Effective in resolving complaints and identifying how the PPSC can improve how it is serving Canadians;
  3. Responsive and respectful with persons who share their concerns with the PPSC; and
  4. Transparent.

Scope

This Policy covers any feedback or complaint made by a person who has been directly impacted by the actions of a PPSC employee or agent, or by a PPSC service, procedure, practice or policy. This person can be a victim of crime, a person charged with a crime (an accused), or any other member of the public. A victim of crime is a person who has suffered physical or emotional harm, property damage, or economic loss as the result of the commission or alleged commission of an offence.Footnote 1

For the purposes of this policy, feedback means positive comments about the actions of a PPSC employee or agent, or with a PPSC service, procedure or policy, as well as any suggestion on how to improve them that does not amount to a complaint.

A complaint means negative comments about the actions of PPSC employees or agents, or with a PPSC service, procedure, practice or policy. This includes any allegation of discrimination or bias, whether it is through the actions of an individual PPSC employee or agent, or through the application of a PPSC service, procedure, practice, or policy. This also includes any complaint made by a victim of crime, whether the complaint is of a general nature or relates specifically to any of the four categories of rights guaranteed by the Canadian Victims Bill of Rights (CVBR), namely the right to information, the right to protection, the right to participation, and the right to restitution.Footnote 2

This policy does not cover feedback or complaints from members of the public who have not been directly impacted by the PPSC. Those members of the public can call or write to PPSC by using the contact information found on the "Contact Us" page of the PPSC website.

Feedback

A person may give feedback by discussing with a PPSC employee, calling the nearest PPSC office, or sending their feedback in writing to PPSC.ComplaintsandFeedback-PlaintesetRetroaction.SPPC@ppsc-sppc.gc.ca or by mail to:

Public Feedback and Complaints
Public Prosecution Service of Canada
160 Elgin Street – 12th Floor
Ottawa, Ontario K1A 0H8

A person providing feedback informally by speaking with a PPSC employee may ask the employee to share their feedback with the appropriate regional leaders. The PPSC employee may also share the feedback with regional leaders on their own initiative when appropriate.

PPSC employees who receive feedback in writing will acknowledge receipt, summarize the feedback in writing, and send it to the appropriate regional manager, the Chief Federal Prosecutor (CFP) who is responsible for PPSC activities in the province or territory. CFPs receiving feedback about a national service, procedure, practice or policy are encouraged to send this feedback to their Deputy Director of Public Prosecutions (DDPP). The PPSC has two DDPPs, who are the senior managers responsible for the provincial and territorial PPSC offices.

Complaints

1. How to make a complaint

A person may make a complaint by:

Public Feedback and Complaints
Public Prosecution Service of Canada
160 Elgin Street – 12th Floor
Ottawa, Ontario K1A 0H8

In order to facilitate the complaint process, the person who makes a complaint should provide the following information:

  1. Their name;
  2. Their contact information;
  3. Their role in the criminal justice system, particularly if they are the victim of a crime, an accused, or a witness;
  4. A detailed description of the situation; and,
  5. A description of what they feel would be the appropriate resolution to their complaint, if they wish to do so.

A complaint may be written in any official language of a province or territory. This includes English, French, Gwich'in, Cree, Chipewyan (Denesuline), Inuinnaqtun, Inuktitut, Inuvialuktun, Mi'kmaw, North Slavey, South Slavey, and Tlicho (Dogrib). The PPSC will accept complaints written in other languages and will do its best to have the complaint translated. However, the PPSC cannot guarantee that it will be able to provide a response in languages other than one of the official languages of a province or territory.

A person who makes a complaint may communicate with PPSC directly or through an authorized representative. To identify an authorized representative, the person who makes a complaint must:

  1. Provide the name and contact of information of their authorized representative; and
  2. Confirm that they give permission to their authorized representative to act on their behalf. By giving this permission, the person who made the complaint is authorizing PPSC to communicate directly with the authorized representative and share any personal information required to address the complaint.

Examples of persons who can be an authorized representative include, but are not limited to:

2. How the PPSC addresses complaints

a. Receipt

PPSC employees who receive a complaint will:

  1. If the complaint is made orally, write a summary of the complaint, the contact information of the person who made a complaint, and, if applicable, the identity and contact information of the authorized representative;
  2. If the complaint is made in writing, confirm the receipt of the complaint to the person who made a complaint within five business days; and
  3. Transmit the complaint to the appropriate CFP within five business days.

b. Screening

Upon receipt of the complaint, the CFP or their designate will assess the complaint and determine how it will be managed. The CFP or their designate may

  1. Manage the complaint informally.
  2. Manage the complaint formally.
  3. Refer the complaint to another mechanism. This includes management actions, discipline, conflict of interest protocols, or actions in ongoing litigation. After referring a complaint to another mechanism, the CFP may close the complaint file or put the complaint on hold until the other mechanism has run its course.
  4. Reject the complaint if:
    1. The person who made the complaint has not been directly impacted by the actions of a PPSC employee or agent, or a PPSC service, procedure, practice or policy;
    2. The allegations giving rise to the complaint occurred more than twelve months ago and the person who made the complaint did not give a valid reason for the delay;
    3. The complaint does not relate to the actions of the PPSC, such as if the complaint relates to legislation, a court decision, or the actions of another department or agency;
    4. The complaint is abusive, is made in bad faith, has already been addressed, is clearly unfounded, has no merit, or is incomprehensible;
    5. There is an ongoing investigation or an ongoing criminal, civil, or administrative proceeding relating to the same situation;Footnote 3
    6. The complaint relates to a contractual, employment or labour issue between PPSC and one of its current or former employees, contractors or agents; or
    7. The complaint does not contain enough information and the person who made the complaint was given the opportunity to provide the necessary information.

The CFP or another person they identify will inform the person who made the complaint or their authorized representative of the screening decision and the reasons for that decision.

c. Informal resolution

The objective of informal resolution is to resolve the complaint quickly and address the person who made the complaint's concerns at the lowest appropriate level.

The CFP will identify a PPSC employee who will handle the complaint informally. The designated employee will:

  1. Communicate with the person who makes a complaint or their authorized representative to discuss the complaint and seek to address their concerns;
  2. Report back to the CFP about their discussion with the person who makes a complaint or their authorized representative; and
  3. Work with the CFP or their designate to identify and implement solutions to address the complaint in an appropriate manner, taking into account the various intersecting factorsFootnote 4 of the person who makes a complaint and any other affected person such as any victim of crime.

If a complaint is not resolved within 60 days, the CFP will send the complaint to formal resolution unless they grant an extension.

d. Formal resolution

The objective of formal resolution is to perform a thorough and well-documented investigation of the complaint.

The CFP may investigate the complaint themselves or appoint a person for that purpose. The CFP may consult their senior manager, a DDPP, if they believe that another CFP or a third party should investigate the complaint.

The person investigating the complaint will:

  1. Investigate the allegations underlying the complaint;
  2. Assess PPSC actions, services, policies, practices, and procedures. For complaints relating to the actions of a PPSC employee or agent, the appropriateness of the actions will be assessed based on the standards found in the PPSC Deskbook, the PPSC Code of Conduct, the Terms and Conditions of Agent Agreements, and the CVBR.
  3. Prepare a written report of their findings.
  4. Send their investigation report to the CFP.

After receiving the investigation report, the CFP or the person they designate will decide what steps, if any, will be taken to remedy the situation, taking into account the various intersecting factors of the person who made the complaint and any other affected person such as any victim of crime.Footnote 5 The CFP or their designate will inform the person who made the complaint or their authorized representative of the result of the investigation, the actions PPSC will take to remedy the situation, and their right to request a review by a senior manager, one of the DDPPs.Footnote 6

The formal resolution of a complaint is expected to be completed within six months of the receipt of the complaint or the referral to the formal resolution process.

Persons who make a complaint who are not satisfied with the formal resolution of their complaint may request a review by a senior PPSC manager, one of the DDPPs. In order to request a review, the person who made the complaint or their authorized representative must, within three months of being informed about the outcome of the formal resolution of their complaint:

  1. Send a request in writing to the CFP or to PPSC Headquarters, either electronically at PPSC.ComplaintsandFeedback-PlaintesetRetroaction.SPPC@ppsc-sppc.gc.ca or by mail at the address identified in the section "How to make a complaint" above;
  2. Explain the reasons why they are not satisfied with the formal resolution of their complaint; and
  3. If applicable, provide a valid reason why it was not possible to do so within three months.

3. Substitution for CFP

The head of the PPSC, the Director of Public Prosecutions (DPP), a DDPP, or their designate will fulfill the functions of the CFP in handling a complaint if:

Record-keeping and Tracking

Keeping records about feedback and complaints is essential to maintain the public's confidence in the administration of justice, allow the PPSC to learn from public experiences, and become a better and more effective organization.

The CFP or their designate must capture and record feedback received from the public.

The CFP or their designate must record relevant information about all complaints in the central Complaints Management System. Relevant information they must record includes the following, when applicable:

  1. The date when the complaint was received;
  2. The text of the written complaint or a summary of the oral complaint;
  3. The contact information of the person who made the complaint and their authorized representative;
  4. The outcome and reasons of the screening decision;
  5. The outcome of the informal resolution;
  6. The investigation report;
  7. A summary of the measures taken to remedy the situation;
  8. The outcome of a review by a DDPP or the DPP; and
  9. The dates when the various steps were completed.

The Ministerial and Parliamentary Affairs Unit will support CFPs and their designate to track complaints and provide periodic updates to the DDPPs.

Reporting

Transparency is essential to maintain the confidence of the public. The Ministerial and Parliamentary Affairs Unit will publish data regarding the number of substantiated complaints received and addressed through this policy at least once a year. The PPSC may also publish individual investigation reports, or a summary of them, when they raise matters of public importance and their publication may help maintain the confidence of the public in the administration of justice, or when they deal with a national service, practice, procedure, or policy.

In addition, CFPs will hold a session at least once a year with employees who handled feedback and complaints to identify any lessons that can be learned and any improvement that can be made based on the feedback and complaints received during that year. At the conclusion of the session, the CFP will determine what improvements they can implement regionally and what improvements they recommend to the DDPP regarding national services, practices, procedures, or policies. CFPs should also share these lessons and improvements with other PPSC offices and the DDPPs.

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