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Communication with the parties involved

Communication with the parties involved

During the course of the investigation, the parties involved can expect to go through the following stages:

 

The complainant

  • First contact with the investigator. The complainant is contacted by the investigator, who explains the investigation process and what is expected of them.
  • Investigation meeting. Since the complainant is personally involved in, or has witnessed, the event that is the subject of the complaint, the complainant will normally be interviewed by the investigator to get their version of the facts.
  • Notice of extension of investigation deadline. The investigation report must be submitted to the Commissioner within six months of their decision to hold an investigation. However, the Commissioner may grant the investigator an extension if exceptional circumstances are demonstrated. In such cases, the complainant will be notified in writing.
  • Notice of end of investigation. When the investigation is completed, the investigator finalizes their report and submits it to the Commissioner. A notice is then sent to the complainant to inform them that the report has been filed.
  • Decision after investigation. The Commissioner analyzes the investigation report and decides whether the evidence gathered is sufficient to cite the persons concerned by the investigation before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics). 
  • If they deem that there is insufficient evidence, the complaint is dismissed. 
  • The Commissioner notifies the complainant of their decision in writing. If the Commissioner chooses to dismiss the complaint, they send a written decision, with reasons, and a summary of the investigation report to the complainant. 
  • Possible request for review. When the Commissioner decides to dismiss the complaint following the investigation, they inform the complainant of their right to have the decision reviewed by the Tribunal administratif de déontologie policière within 30 days of notification of the decision.

 

The director of the person who is the subject of the complaint

  • Notice of extension of the investigation deadline. The investigation report must be submitted to the Commissioner within six months of their decision to hold an investigation. However, the Commissioner may grant the investigator an extension if exceptional circumstances are demonstrated. In such cases, the director of the person who is the subject of the complaint is notified in writing.
  • Decision after investigation. Following the investigation, the Commissioner analyzes the report and makes one of two following decisions: to dismiss the complaint or to cite one or more of the persons concerned by the investigation before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics). The Commissioner notifies the Director of their decision in writing. If the Commissioner decides to dismiss the complaint, they will send them or a written decision, with reasons, and a summary of the investigation report.

 

Person who is the subject of the complaint

  • First contact with the investigator. The investigator contacts the person who is the subject of the complaint to explain the Commissioner's role, the investigation process and the allegations against them. The person concerned will be invited to consult the person of their choice and to indicate whether or not they intend to cooperate with the Commissioner's investigation. Before making their choice, the person concerned may contact the investigator to find out more about the allegations against them.
  • Investigation meeting. The person subject of the complaint who wishes to meet with the investigator is given the opportunity to do so.
  • Notice of extension of the investigation deadline. The investigation report must be submitted to the Commissioner within six months. However, the Commissioner may grant the investigator an extension in exceptional circumstances. When such a situation arises, the person concerned by the investigation is notified in writing.
  • Notice of end of investigation. When the investigation is completed, the investigator finalizes their investigation report and submits it to the Commissioner. A notice is then sent to the person subject of the complaint, informing them that the report has been filed.
  • Decision after investigation. The Commissioner analyzes the investigation report and decides whether the evidence gathered is sufficient to cite the person under investigation before the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics). If not, the complaint is dismissed. The Commissioner notifies the person under investigation of their decision in writing. If the Commissioner decides to reject the complaint, they will send the person concerned a written decision, with reasons.

 


 

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