Police Act Section 77

Police Act Section 77

(3) Subject to subsection (4), any of the conduct described in the following paragraphs constitutes a disciplinary breach of public trust, when committed by a member:

(a) “abuse of authority”, which is oppressive conduct towards a member of the public, including, without limitation,

(i)   intentionally or recklessly making an arrest without good and sufficient cause,

(ii)   in the performance, or purported performance, of duties, intentionally or recklessly

(A)  using unnecessary force on any person, or

(B)  detaining or searching any person without good and sufficient cause, or

(iii)   when on duty, or off duty but in uniform, using profane, abusive or insulting language to any person including, without limitation, language that tends to demean or show disrespect to the person on the basis of that person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status;

(b) “accessory to misconduct”, which is knowingly being an accessory to any conduct set out in this subsection, including, without limitation, aiding, abetting, counselling or being an accessory after the fact;

(c) “corrupt practice”, which is

(i)   without lawful excuse, failing to make a prompt and true return of, or misappropriating, any money or property received in the performance of duties as a member,

(ii)   agreeing or allowing to be under a pecuniary or other obligation to any person in a manner that would likely be seen to affect the member’s ability to properly perform the duties of a member,

(iii)   using or attempting to use one’s position as a member for personal gain or other purposes unrelated to the proper performance of duties as a member, or

(iv)   using or attempting to use any equipment or facilities of a municipal police department, or any other police force or law enforcement agency, for purposes unrelated to the performance of duties as a member;

 (f) “deceit”, which is any of the following:

(i)   in the capacity of a member, making or procuring the making of

(A)  any oral or written statement, or

(B)  any entry in an official document or record,

that, to the member’s knowledge, is false or misleading;

(ii)   doing any of the following with an intent to deceive any person:

(A)  destroying, mutilating or concealing all or any part of an official record;

(B)  altering or erasing, or adding to, any entry in an official record;

(iii)   attempting to do any of the things described in subparagraph (i) or (ii);

(g) “discourtesy”, which is failing to behave with courtesy due in the circumstances towards a member of the public in the performance of duties as a member;

(h) “discreditable conduct”, which is, when on or off duty, conducting oneself in a manner that the member knows, or ought to know, would be likely to bring discredit on the municipal police department, including, without limitation, doing any of the following:

(i)   acting in a disorderly manner that is prejudicial to the maintenance of discipline in the municipal police department;

(ii)   contravening a provision of this Act or a regulation, rule or guideline made under this Act;

(iii)   without lawful excuse, failing to report to a peace officer whose duty it is to receive the report, or to a Crown counsel, any information or evidence, either for or against any prisoner or defendant, that is material to an alleged offence under an enactment of British Columbia or Canada;

(i) “improper disclosure of information”,which is intentionally or recklessly

(i)   disclosing, or attempting to disclose, information that is acquired by the member in the performance of duties as a member, or

(ii)   removing or copying, or attempting to remove or copy, a record of a municipal police department or any other police force or law enforcement agency;

 (m) “neglect of duty”, which is neglecting, without good or sufficient cause, to do any of the following:

(i)   properly account for money or property received in one’s capacity as a member;

(ii)   promptly and diligently do anything that it is one’s duty as a member to do;

(iii)   promptly and diligently obey a lawful order of a supervisor.

Police Act Section 77