The decision to cite before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics)

When the Commissioner considers that the evidence gathered during the investigation is sufficient to demonstrate ethical breaches, they cite the persons concerned by the investigation before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics). They must also cite these persons when ordered to do so by the Tribunal as part of a decision rendered following an application for review. 

The Commissioner also cites before the Tribunal any person subject to the Code of Ethics of Québec Police Officers who has been found guilty of a criminal offence constituting a derogatory act under the Code by a final decision of a Canadian court.

The citation

The term “citation” refers to the document describing the derogatory acts alleged against the person cited before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics). The citation contains as many counts as the number of derogatory acts alleged. Each of these counts must recount the conduct complained of, the circumstances of time and place surrounding this conduct, and the specific section of the Code of Ethics of Québec Police Officers that the Commissioner alleges has been violated.

The Tribunal administratif de déontologie policière and the hearing

When the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics) receives a citation from the Commissioner, it holds a hearing to investigate the facts alleged in the citation. The Commissioner and the persons named in the citation are the parties to the hearing. The hearing is open to the public, unless the Tribunal orders it to be held in camera.

At this hearing, the burden of proving that the persons cited have committed the alleged breaches rests on the shoulders of the lawyers representing the Commissioner. This demonstration must respect the rule of preponderance of evidence. 

The Tribunal gives the persons cited the opportunity to be heard and to present a defense before an independent, impartial body specialized in police ethics.

The decision of the Tribunal administratif de déontologie policière

After hearing the evidence presented by the parties, the Tribunal generally requests time to deliberate. It then issues a written, reasoned decision:

Decision on the merits. The Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics) first decides whether or not the conduct of the person cited constitutes a derogatory act to the Code of Ethics of Québec Police Officers.

Decision on sanction. When the conduct of the person cited is deemed to be derogatory, the allows the parties to be heard on the appropriate sanction. Following this hearing, the Tribunal renders a decision imposing a sanction on the person cited. 

When determining a sanction, the Tribunal considers the seriousness of the conduct deemed derogatory, taking into account all the circumstances and the content of the cited person's ethics file.

For each derogatory act, the Tribunal imposes one of the following sanctions:

• reprimand
• suspension without pay for a maximum period of 60 working days;
• demotion
• dismissal;
• disqualification from performing the duties of a peace officer (for a maximum period of 5 years), where the person cited has resigned, been dismissed or retired.

Furthermore, It may also order the person cited to successfully complete a training or refresher course.

Decisions of the Tribunal administratif de déontologie policière are forwarded to the complainant, the person cited and the director of the person cited. They are also made public.

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