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General

General

 

What does the Commissaire à la déontologie policière (Police Ethics Commissioner) do?

We receive complaints and reports concerning persons subject to the Code of Ethics of Québec Police Officers

We receive and process complaints or reports from the public concerning persons subject to the Code who have acted in the performance of their duties and in their dealings with the public, in order to determine whether their actions may constitute a breach of the Code. 

In most situations, through a conciliation meeting, we seek to develop a mutual understanding of the perspectives of the complainant and the person subject to the Code.

In cases where the allegations are more serious or threaten public confidence in those subject to the Code and their organization, we may investigate, as this is the most appropriate way to enforce the Code and try to restore public confidence in these organizations.
 

 

How can the Commissaire à la déontologie policière benefit police organization?

Our existence and interventions are beneficial to police organizations.

Firstly, the more the public perceives that those subject to the Code of Ethics of Québec Police Officers are accountable for their actions, the more likely they are to trust them and consider their actions legitimate. The public is then more inclined to cooperate voluntarily with police organizations.

Secondly, those who violate the Code may harm their colleagues by tarnishing the image of police forces in the eyes of the public. Occasionally, the reprehensible behaviour of a peace officer may also contribute to the filing of a complaint involving all of their colleagues on the scene.

Therefore, through its conciliation procedures and its powers of investigation and recommendation, the Commissaire à déontologie policière strives to promote a better understanding of the ethical aspects of police work among those subject to the Code of Ethics of Québec Police Officers, and to encourage the adoption of professional behaviours expected by the public at large.

 

What is a police ethics complaint?

A complaint is a recourse enabling a person who has been targeted or witnessed behaviour that may constitute an ethics breach of the Code to ask the Commissioner to examine the situation. 

It is a way for members of the public to express their dissatisfaction with the service they have received or the way they have been treated by a person subject to the Code of Ethics of Québec Police Officers.

The complaint may cover any breach of the Code.
 

    

Is it common to be the subject of a police ethics complaint?

The Code of Ethics of Québec police officers applies to more than 15,000 people who are subject to it. These people intervene and interact with the public several hundred thousand, if not millions of times every year. In return, we receive over 2,000 complaints a year, which may concern one or more of these people. 

People assigned to patrol duties are more often the target of a police ethics complaint than those assigned to investigations or management functions, since they interact much more frequently with the public.

 

How does the Commissioner handle a complaint filed against me? 

However, an investigation may be held if the complaint is deemed to be in the public interest, as in the following cases:

  • When it involves death or serious injury to a person.
  • When it involves a situation where public confidence may be seriously compromised.
  • When it involves a criminal offence or a repeat offence by the person concerned.

An investigation may also be held when the Commissioner:

  • considers it necessary following an unsuccessful conciliation;
  • becomes aware, or it is brought to their attention, that the conduct of a person subject to the Code of Ethics of Québec Police Officers is likely to constitute a derogatory act.

Finally, the Commissioner must hold an inquiry in the following cases:

  • when requested to do so by the Ministère de la Sécurité publique;
  • when a complainant who has filed a complaint alleging discriminatory conduct by a person subject to the Code refuses conciliation; 
  • when conciliation of a complaint alleging discriminatory conduct by a person subject to the Code fails. 

If the complaint is rejected, before or after investigation, we may send you observations aimed at improving your professional conduct and preventing future breaches of ethics.

These observations would be forwarded to you through your supervisor and would not be placed in your personal file.

 

Quel chemin prennent généralement les plaintes en déontologie policière?

Over the past 5 years (from 2016 to 2021), we have refused an average of 2 out of every 3 complaints received. During this period, approximately 4 out of 5 complaints deemed admissible were referred to conciliation. In addition, an average of nearly 150 complaints per year were referred for investigation. 

On average, each year, the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics) concluded that 27 persons cited had behaved in a way that did not comply with the Code of Ethics of Québec Police Officers.

 

Why did my organization provide all the necessary information to a complainant who wanted to file a complaint agaisnt me? 

Your organization is obliged to do so under article 12 of the Code of Ethics of Québec Police Officers

When the director of a police force observes or is informed of the presumed commission of an act derogatory to the present Code, they must inform the citizen concerned in writing of the rights granted by the Police Act (chapter P-13.1), and send a copy of this letter to the Police Ethics Commissioner.

 

Why has my organization provided you with all the documents associated with an intervention I carried out that is the subject of a complaint?

Under sections 189 and 190 of the Police Act:

The Commissioner and any person acting as an investigator for the purposes of this section may require from any person any information and documents that they consider necessary. It is forbidden to obstruct the Commissioner or any person acting as an investigator for the purposes of this division in any way whatsoever, to deceive them by reticence or misrepresentation, to refuse to provide them with any information or document related to an investigation or to refuse to allow them to take a copy of such document, or to conceal or destroy such document.

According to section 12 of the Act respecting public inquiry commissions:

If any person refuses to produce, before the Commissioners, any paper, book, deed or writing in their possession or under their control which they deem necessary to be produced, or if any person be guilty of contempt of the Commissioners or of their office, the Commissioners may proceed for such contempt in the same manner as any court or judge under like circumstances.

 

What are my generals rights as the subject of a police ethics complaint?

We are committed to treating you with respect, fairness and impartiality in every situation. 

Therefore, you have the right to: 

  • a rigorous, fair and impartial analysis and, if necessary, a rigorous, fair and impartial investigation of the allegations made against you;
  • to be informed in a timely manner of the substance of the allegations made against you;
  • to be given a reasonable opportunity to present your point of view during any investigation;
  • to be informed of the results of the handling of any complaint made against you and of the reasons for any decision taken against you;
  • to be protected against complainants who make manifestly frivolous or vexatious complaints.

 

What can I do if one of my general rights has not been respected?

If you feel that one of these rights has not been respected, you can let us know by phone, e-mail or mail. We will try to remedy the situation. 

Otherwise, you can file a complaint with the Protecteur du citoyen

 


 

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