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Consequences

Consequences

 

What penalties do I face if the Tribunal administratif de déontologie policière (Administrative Tribunal on Police Ethics) finds that I have committed a breach of ethics?

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: 

  • a reprimand;
  • suspension without pay for up to 60 days;
  • demotion
  • dismissal;
  • disqualification from performing the duties of a peace officer (for a maximum period of 5 years), if you have resigned, been dismissed or retired.

In addition, the Administrative Tribunal for Police Ethics may also impose one of the following measures: 

  • successfully complete training;
  • successfully complete a refresher course.

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.
 

 

Can an active ethics file of ethics history hinder my career?

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:

  • relates to the facts giving rise to the charge against the person accused;
  • may reasonably call into question the honesty or integrity of the agent who may be called upon to testify or otherwise participate in the case before the court. 

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.

 

Under which circumstances can a person subject to the Code be dismissed? 

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):

  • Serious harm to the physical or psychological integrity of the person concerned by the intervention
    • Assaulting a person.
    • Threatening two minors and using more force than necessary against one minor.
    • Serious neglect or carelessness with regard to a person's health.
  • Infringement of the administration of justice
    • Presenting a document to a person knowing it to be false and preventing or contributing to preventing justice from taking its course.
    • Deliberately attempting to obstruct, divert or thwart the course of justice.
    • Fabricating several statements of offence with the intention of deceiving and using them in legal proceedings.
  • Violation of a person's property 
    • Stealing twice a sum of money.
    • Illegal appropriation of tools valued at $125 and $2,000 belonging to the complainant.
  • Use of sensitive information for personal purposes
    • Repeatedly using the CRPQ for personal purposes.
    • Fraudulently obtaining, directly or indirectly, computer services without the appearance of right

 


 

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