If the Administrative Tribunal for Police Ethics recognizes that you have committed one or more breaches of ethics, one of the following sanctions will be imposed for each act declared derogatory:
In addition, the Administrative Tribunal for Police Ethics may also impose one of the following measures:
To determine the appropriate sanction, the Administrative Tribunal for Police Ethics takes into account the seriousness of the misconduct, the circumstances and the ethical background of the person who committed the breach.
Yes, in some cases, having an active ethics file or history can interfere with a promotion process within your organization.
Having an active ethics record can also be detrimental if you have to testify in criminal proceedings as a result of the application of the McNeil decision. This Supreme Court of Canada ruling stipulates that the prosecutor has a duty to disclose the pending cases and relevant backgrounds of members of a police force who are principally involved in a prosecution file. Therefore, if you are cited before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics), or if you have committed an ethical breach and the acts of which you are accused are related to a criminal prosecution file, the person representing the Crown must inform the defense. The defense can then use the breach to attack your credibility or honesty.
A breach of ethics is related to the prosecution file or is considered relevant if it:
For example, if you have an ethical background or pending cases, you may be excluded from important roles in operational cases, so as not to risk damaging the credibility of the prosecution case.
It is possible for a person who has been sanctioned for a derogatory act to request that their conduct be excused. Depending on the sanction applied, this can be requested from the Tribunal within 2 or 3 years of the sanction being applied.
Incidents leading to the dismissal of a peace officer who has committed a derogatory act are very rare.
Here are a few examples from the decisions of the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics):
If you want more information or if you need help drafting your complaint, you can contact us.
deontologie-policiere.quebec@comdp.gouv.qc.ca