Second, the disciplinary process is not a criminal process. It is simply a set of rules and guidelines which determine the procedures under which members of the force may be brought to task for misconduct. Thus, this argument does not provide a reason for treating police officers as a special case. Furthermore, the decision to proceed with criminal charges rests with the Crown, and the Crown would be fully aware that evidence of misconduct which has been found to be sufficient on the civil standard of proof may not be strong enough to warrant the laying of charges. And even if the Crown thinks that the evidence is sufficient, a judge or jury may still find it insufficient to convict.
Police officers have one of the strongest appeal processes of any employee group.
They are represented by the local Police Union or Association, which not only lobbies on their behalf, but supplies free legal counsel and investigative support. Adverse disciplinary decisions can be appealed to the local Police Board, and if the officers are not satisfied, to the B.C. Police Commission. There is thus more than adequate protection for police officers from wrongful allegations of misconduct. As a people who cherish our freedoms and our autonomy, we need to be assured that these extraordinary powers are balanced by extraordinary caution in their use. Not only must these powers be exercised with extreme caution, they must be seen to be exercised with extreme caution.