Decision to investigate

The holding of an investigation is an exceptional measure that falls under the jurisdiction of the Commissioner. They can hold an inquiry in the following cases : 

• when they deem a complaint to be in the public interest;
• when they consider it necessary following an unsuccessful conciliation;
• when they find 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.

The Commissioner must, however, conduct an investigation in the following cases:

• at the request of 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 the conciliation of a complaint alleging discriminatory conduct by a person subject to the Code fails.

A complaint is of public interest when it involves, for example:

• death or serious injury to a person;
• a situation where public confidence may be seriously compromised;
• a criminal offence or a repeat offence.

Investigative powers of the Commissaire à la déontologie policière (Police Ethics Commissioner)

Under the Police Act, everyone must cooperate with the Commissioner's investigation, with the exception of the person under investigation. However, the subject of the investigation is given the opportunity to present their version of the facts to the Commissioner's investigator, and to answer any questions they may have. 

The Commissioner's investigative powers also allow them to obtain all operational documents related to the complaint (e.g., event reports, 911 call recordings, administrative forms, video recordings of a detention, etc.), as well as any other document deemed relevant.

Conduct of the investigation

During the investigation, the investigator makes sure to collect documentary and testimonial evidence relevant to their investigation by communicating with witnesses, police services and any other person deemed relevant, including the complainant and the person under investigation.

When these persons meet with the investigator, they have the right to be accompanied by a person of their choice. However, the accompanying person must not be involved in the event complained of, as they may also be interviewed as a witness. This person may not intervene during the witness's statement-taking or comment on the investigation method.

The investigator must submit their investigation report to the Commissioner within six months of the decision to hold an investigation. In exceptional circumstances, such as when it is necessary to await the outcome of legal proceedings, a criminal investigation or an independent inquiry before completing the investigation, the deadline may be extended by the Commissioner. In this case, the complainant, the person under investigation and their director are notified in writing.

When the investigation is complete, the investigator prepares an investigation report. The complainant, the person being investigated and the director of this person receive a letter advising them that the investigation process has been completed.

Ending an onvestigation

The Commissioner may end an investigation if they deem that its continuation is unnecessary in the circumstances. The grounds for ending an investigation are generally the complainant's failure to cooperate, their withdrawal, or the absence of ethical misconduct revealed by verifications carried out during the investigation.

When the Commissioner puts an end to an investigation, a written decision with reasons is sent to the complainant, the person under investigation and their director. 

The complainant is also informed of their right to have the decision reviewed by the Commissioner. The complainant then has 15 days following receipt of the decision to submit their request for review to the Commissioner, citing new facts or elements.

Decision after the investigation

At the end of an investigation, the Commissioner may decide to:

• cite the person under investigation to appear before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics) when they deem the evidence justifies it;
• dismiss the complaint and close the file; 
• forward the investigation file to the Directeur des poursuites criminelles et pénales (Director of Criminal and Penal Prosecutions).

The Commissioner may dismiss the complaint and close the file when they consider that there is insufficient evidence to cite the persons concerned by the investigation before the Tribunal administratif de déontologie policière, or when they believe that the complaint is not founded in law.

If the complaint is dismissed, the complainant, the person under investigation and their director receive a written, reasoned decision summarizing the investigation report.

The complainant is also informed of their right to have this decision reviewed by the Tribunal administratif de déontologie policière. The complainant has 30 days from notification of the Commissioner's decision to file a written statement with the clerk of the Tribunal, setting out the reasons for the request for review. The Tribunal may then confirm or reverse the Commissioner's decision. If it overturns the Commissioner's decision, it may order the Commissioner to:

• continue their investigation; 
• proceed with a new investigation;
• cite the person under investigation. 

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