Police powers and duties

Case Studies

Case Studies

Here are some examples of police ethics complaints about an unjustified use of force and how we have handled them.

 

Case #1 

The complainant was intercepted. He says he is deaf and does not understand what the police officer is saying. He refuses to hand over his papers to the officer and walks out of his car during the stop to try to figure out what was wrong with his vehicle. The police officer allegedly pinned him against the patrol car and searched him. He received a ticket for obstruction. He complains about the force used by the police office and that the latter was not patient with him considering his handicap. He claims to have been injured by the handcuffs. On the photos is a small cut.

Result: Complaint rejected

Considering that the Code of Criminal Procedure of Quebec provides for the arrest without a warrant of a person when the latter refuses to identify themselves when informed of an alleged offense against them, the arrest was justified. Regarding the behavior of the police officer when handcuffing, the decisions of the Tribunal administratif de déontologie policière and the higher courts insist on the need to introduce into evidence specific and sufficiently serious remarks or actions to establish an ethical breach.

 

Case #2

The complainant was arrested in a bar when he refused to leave despite police orders to do so. He complains about the force used to restrain him and also that the police office used cayenne pepper against him. The police officer allegedly made vulgar remarks by saying to people: "Crissez tous votre camp sinon je vous poivre tous tabarnak".

Result: Complaint referred to conciliation

According to our checks, the complainant was aggressive. The latter, however, says that the police strangled him while his hands were behind his back and that they crushed his wrists while he was handcuffed. In addition, he mentions that when he was no longer resisting, the police dragged him in the snow. This event was the subject of a conciliation meeting between the complainant and the police officers involved in the complaint, which resulted in a settlement between the parties.

 

Case #3 

Complainants complaint about the abusive and excessive use of cayenne pepper on demonstrators who presented no danger or threat to the police. On video recordings posted on Youtube, a police officer can be seen repeatedly spraying the demonstrators who were around her.

Result: Complaint referred to investigation, then citation and decision of the Tribunal administratif de déontologie policière

The attitude she adopts in the circumstances leads us to have doubts about the relevance of the actions taken. This event was the subject of an investigation, then the Commissioner took the decision to summon the policewoman before the Tribunal administratif de déontologie policière. Finally, following a hearing, the Tribunal administratif de déontologie policière ruled that the police officer did not use a piece of equipment with caution and discernment (Oleoresin Capsicum (OC) spray) against demonstrators and that, consequently, this conduct constitutes a derogatory act to article 11 of the Code of ethics of Québec police officers. Considering that the policewoman is retired, the Tribunal sanctioned her with a declaration of disqualification for twelve months.

 


 

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