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Conciliation

Conciliation

 

What is conciliation?

Conciliation allows both parties involved (you and the complainant) to express their point of view on the intervention and find common ground to resolve the complaint. On one hand, conciliation can enable you to better understand the perspective of members of the public and be more sensitive to their needs in your future interventions. On the other hand, it allows the complainant to better understand your role and perspective during the course of the intervention. In many situations, this exercise is sufficient to help the complainant better understand the police profession and re-establish the bond of trust.

 

What happens if my file is referred to conciliation?

If your file is referred to conciliation, a conciliator will send you a written notice to appear after considering the availability of the people involved. Conciliation must generally be completed within 45 days of the date on which it was ordered. However, time limits may be extended for justifiable reasons under the law. 

If the complainant and you reach an agreement, the ethical process ends, the complaint is deemed to have been withdrawn, and no mention of the complaint or settlement should appear in your employee file.

 

Why do I have to take part in a conciliation meeting even if I think I have done nothing wrong?

The fact that you have been called to a conciliation meeting does not mean that we believe you have committed a breach of the Code of Ethics of Québec Police Officers. Nor does a settlement in conciliation constitute an admission of guilt by either party. Conciliation is not about who is right and who is wrong. The purpose of conciliation is to settle a dispute and re-establish trust between the complainant and those involved in the complaint.

Conciliation is useful when it enables the complainant to better understand the role and perspective of the person subject to the Code of Ethics of Québec Police Officers during the course of the intervention or the performance of their duties. For many people, this exercise is enough to help them better understand the police profession and re-establish a bond of trust. A conciliation session is also simpler and quicker than an investigation, and is more likely to satisfy all parties involved.

 

What are my rights and obligations during conciliation?

Your rights

  • Your answers and statements cannot be used, nor are they admissible as evidence in any criminal, civil or administrative proceedings, except in the case of a hearing before the Tribunal administratif de déontologie policière (Administrative Tribunal on Police Ethics) concerning an allegation that you made a statement or answer that you knew to be false with intent to deceive.
  • You may be accompanied at the hearing by a person of your choice.
  • In some cases, you and the complainant may be able to settle out of court through the conciliator.

Your obligation

  •  Your participation in the conciliation meeting is mandatory, even if you have resigned from your position or are now retired.
  • You must wear business attire, you cannot not wear your uniform, and must not bring your weapon.

           

What attitude should I adopt during a conciliation meeting?

Your attitude should be open, empathetic and professional. You are there to listen to the complainant's perspective and to try to understand it. At the same time, you're there as a representative of your organization and your profession. It is therefore important that you honour your role by taking the time to explain your role, and by acting in a respectful manner towards the people taking part in the meeting.

Conciliation is a form of feedback from someone who has received your services and is dissatisfied, whether rightly or wrongly. You shouldn't refuse feedback out of hand, because then you close yourself off to opportunities to improve, or at least to change the way you may be perceived. Even if you feel you did the right thing during the event, an open-minded approach could enable you to improve your professional practices and reassure someone who has taken the time to write a complaint against you, rightly or wrongly.

 

What attitude should I avoid during a conciliation? 

You should avoid being hostile, defensive, insincere or insensitive. Conciliation meetings that fail because of the behaviour of the person who is the subject of the complaint have the following characteristics. The person concerned:

  • mistakenly believes that the purpose of conciliation is to determine who is right and who is wrong, whether their actions were justified or not;
  • is defensive;
  • assumes that the complainant has filed a complaint only to seek revenge;
  • discredits the complainant's perceptions
    • because of a lack of understanding of police realities or practices;
    • because of the complainant's criminal history, social condition or mental health;
  • underestimates or minimizes the impact (fear, anxiety) that a police interaction may have on the complainant;
  • participates insincerely, on the surface, simply to get the session over with as quickly as possible.

 


 

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