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Citation

Citation

The Decision to Cite

When cited to appear before the Tribunal administratif de déontologie policière, police officers and other peace officers are required to respond to the Tribunal administratif de déontologie policière on the counts of citations related to the breaches or omissions of which they are accused :

  1. When at the end of his investigation, the Commissioner considers that the evidence justifies it;
  2. or if, following a request for review, the Tribunal administratif de déontologie policière orders the Commissioner to file a citation.

The Commissioner also cite to appear before the Tribunal administratif de déontologie policière any police officer or other peace officer found guilty of a criminal offense constituting a breach of the Code of Ethics of Québec Police Officers (after a final decision by a Canadian court).

 

The Citation

The citation is a document that describes the alleged breaches. It indicates the articles of the Code of Ethics of Québec Police Officers of which one alleges the violation, as well as the circumstances of time and place surrounding these acts.

 

The Tribunal administratif de déontologie policière and the Hearing

When police officers or other peace officers are required to answer for breaches or omissions of which they are accused in a citation filed by the Commissioner, the Tribunal administratif de déontologie policière holds a hearing. This is public, unless the Tribunal orders it closed.

At the hearing, a lawyer for the Commissioner must provide proof of the alleged conduct against the police officer or peace officer according to the rule of preponderance.

The Tribunal administratif de déontologie policière offers police officers and other peace officers the opportunity to have their defense heard before an accessible, independent, impartial and specialized body in matters of police ethics.

 

The Decision of the Tribunal administratif de déontologie policière

After deliberation, the Tribunal renders a written decision:

Decision on the merits. The Tribunal administratif de déontologie policière decides if the conduct of the police officer or other peace officer constitutes a breach of the Code of ethics of Québec police officers.

Decision on penalty. When the conduct of the cited police officer or peace officer is deemed derogatory, the Tribunal allows the parties to be heard. Subsequently, they impose an appropriate sanction.

In determining the penalty, the Tribunal considers the seriousness of the conduct considered derogatory by taking into account all the circumstances and the content of the ethical file of the police officer or other peace officer.

For each of the derogatory acts, the Tribunal imposes one of the following penalties :

  • a warning;
  • a reprimand;
  • a blame;
  • a suspension without pay (for a period not exceeding 60 working days);
  • a demotion;
  • dismissal;
  • the inability to perform peace officer duties (for a period not exceeding 5 years), when the police officer or peace officer has resigned, has been dismissed or has retired.  

The Tribunal's decisions are forwarded to the complainant, to the police officer or peace officer cited, as well as to the director of the police force (or employer of the peace officer) concerned. They are also made public.

 


 

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