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Preliminary Analysis

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Preliminary Analysis

Here is how the preliminary analysis of a complaint takes place :

 

1. Registration of the complaint

As soon as we receive a complaint, we record it in a register.

 

2. Acknowledgement of receipt of complaint

As soon as the online complaint is received by the Commissioner, an acknowledgement of receipt will automatically appear on the screen.

If the complaint is filed orally, a written summary of the complaint will be sent to the complainant at the end of the phone call.

Within five days of receipt of the complaint, a copy of the complaint and the evidence provided by the complainant is also forwarded to the Director of the person against whom the complaint has been lodged, if that person is subject to the Code of Ethics of Québec Police Officers.

 

3. Preliminary analysis of the complaint

The preliminary analysis is carried out notably on the basis of the complaint and documents forwarded by the complainant, as well as police documents relating to the event in question.

As part of this process, the analyst may need to obtain further details from the complainant. If this is the case, the complainant will be contacted by phone, email or mail. The complainant will then be given the opportunity to provide explanations within a given timeframe.

 

4. Direction of complaint

Based on the information gathered, it is decided to either :

  • forward the complaint to conciliation;
  • order an investigation;
  • reject the complaint.

Additionally, if it appears that a criminal offense may have been committed, the Commissioner will immediately forward the file to the appropriate law enforcement agency for criminal investigation.


5. Transmission of the decision to the people involved

After conducting a preliminary analysis of the file, the Commissioner renders a decision, notably specifying the subject of the complaint and the facts giving rise to it. 
They notify the complainant, the persons concerned by the complaint and their director. 

If the Commissioner decides to refuse the complaint, they must justify their decision in writing. 

The main reasons for rejecting a complaint are the following ones:

  • The complainant fails to cooperate with the preliminary analysis despite a request on our part (e.g.: fails to respond to requests for clarification essential to the handling of their complaint).
  • The complainant has not been able to specify the actions, omissions or comments alleged against the person who is the subject of the complaint, or the context of the event (e.g.: stating only that the police officer was arrogant or that the peace officer used great force against them, without providing further details)
  • The complainant is dissatisfied with an intervention or investigation, even though the analysis shows that the actions of the person in question were justified (e.g.: criticizing a police officer for asking for identification when it was legally justified to do so in the context of the intervention).
  • The complainant only wishes to contest the issuance of a ticket by the person concerned, since this does not fall within the jurisdiction of the Commissioner.
  • The complainant reports gestures and remarks that are not serious enough to constitute a breach of ethics (e.g., only reproaching the police officer for being on a first-name basis, or for not saying thank you when the rest of the intervention was respectful).

If the complainant disagrees with the decision, they may request a review. To do so, they must submit their request within 15 days of receiving the decision, along with new facts or elements. The request will then be analyzed by the Commissioner, who will issue a final decision within 10 days.

 


 

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