Complaints about officers – Appeal a decision

What is an appeal

An appeal is when you ask the Law Enforcement Review Board to review either:

a police service’s decision on a complaint about the actions of one of its officers
the Alberta government’s cancellation of your peace officer appointment

This independent and impartial board:

has a broad range of experience in the community
is made up of people who are appointed by the lieutenant-governor
has the authority and training to hear your appeal

On average, appeals take 6 to 12 months to complete.

Who can appeal

Police officer-related

You can appeal a police service’s decision on a complaint about the actions of one of its officers if you’re either the:

individual who filed the complaint
police officer – from a municipal or an Indigenous police service – who was the subject of the complaint

Peace officer-related

If you’re a former peace officer – sheriff, fish and wildlife officer, community peace officer, regulatory inspection and investigative officer – you can appeal the cancellation of your appointment by the Alberta government.

How to file an appeal

You must file an appeal with the Law Enforcement Review Board within 30 days of receiving a letter from either:

a police service – about the chief’s decision on a complaint about the actions of one of its officers
the Alberta government – about its cancellation of your peace officer appointment

Step 1. Write a letter

Prepare a letter that:

explains why you don’t agree with either:
- a police chief’s decision on a complaint
- the Alberta government’s cancellation of your appointment
describes the alleged incident, including the date and time
identifies the officer(s) referenced in the complaint (if known) – for appeals by a citizen
identifies the citizen(s) who filed the complaint – for appeals by an officer
includes your contact information – address, phone, email
includes your lawyer’s name and contact information (if applicable)

Step 2. Submit the letter

You can either:

deliver the letter in person
mail, fax or email the letter

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-422-9376
Fax: 780-422-4782
Email: [email protected]

Address:
Law Enforcement Review Board
c/o Board Secretary
1502, 10025 102A Avenue
Edmonton, Alberta T5J 2Z2

After you file an appeal

The Law Enforcement Review Board will send you a letter advising you that they’ve received your appeal. This usually happens within one week of the board receiving it.

How an appeal is processed

Within 30 days of receiving your appeal, the Law Enforcement Review Board will:

direct the affected organization – a police service or the Alberta government – to provide the board and all appeal parties with the information they used to make either the initial:
- decision on a complaint about the actions of a police officer
- cancellation of your peace officer appointment
send letters to the other affected parties to notify them about the appeal
review the appeal – plus information from the affected organization – to make one of these decisions:
- dismiss the appeal as frivolous or vexatious
- make an appeal decision without a hearing
- schedule an appeal hearing

If an appeal hearing is scheduled

The parties have an opportunity to make preliminary applications to the board. Examples of these applications include requests to:

admit documents that the chief didn’t have during their review
have the hearing held in-camera (not open to the public)

Flowchart and checklist

See the LERB Appeal Information page for more information about the appeal process. It includes the following:

explanation of your role at a hearing
process flowchart
appeal checklist

Decision from an appeal hearing

After the board hears your appeal, it will make a final decision about your appeal; this decision is legally binding. The only further appeal you can make is to the Court of Appeal – and only if the board made a legal error in its decision.

Withdrawing an appeal

You can withdraw your appeal with the Law Enforcement Review Board at any time. This means it’s stopped, and you no longer want to appeal either:

a police service’s decision on a complaint about the actions of one of its officers
the Alberta government’s cancellation of your peace officer appointment

Contact the board in writing – by mail or email – as soon as you choose to withdraw your appeal.

Contact

Connect with the Law Enforcement Review Board: