BackMrs Raymonde Saint-Germain, the Québec Ombudsperson appeared before the Québec National Assembly Committee on Institutions for consultations on a bill respecting independent police investigations. According to her analysis, the bill’s new provision do not provide the necessary guarantees to ensure the independence, impartiality, or credibility of these investigations.
Background
In Québec, an investigation is launched whenever a person is killed or suffers life-threatening injuries in the course of a police intervention. Under current ministerial policy, the Minister of Public Security must designate a different police force to investigate the incident.
In February 2010, the Québec Ombudsperson tabled in Québec’s National Assembly the Québec Ombudsman's Report on the Québec Investigative Procedure for Incidents Involving Police Officers. The report concluded that the current investigative procedure lacked credibility and recommended major changes, primarily the creation of an independent body staffed by civilian investigators to conduct these investigations.
The Bill
On December 2, 2011, the Minister of Public Security tabled a bill (Bill 46) concerning independent police investigations. The Bill would create a civilian oversight bureau called Bureau civil de surveillance des enquêtes policières sur les incidents graves impliquant les policiers. The Bill is currently the subject of special consultations and public hearings at the National Assembly (February 27 to March 20, 2012).
The Québec Ombudsman’s Intervention
The Québec Ombudsperson appeared before the parliamentary committee on the first day of proceedings, February 27.
In her brief, Québec Ombudsperson Raymonde Saint-Germain stressed that the bill and the proposed oversight mechanism do nothing to provide the guarantees necessary to ensure independence, impartiality, consistent rules, transparency of the process and results, oversight, and accountability. In her view, the proposed mechanism perpetuates the existing procedure under which a police force is designated to investigate serious incidents involving the members of another police force.
The Québec Ombudsperson’s brief contains nine recommendations to improve Bill 46 in the interest of the public and the police. It concludes that the status quo cannot continue. A credible long-term solution must be put in place to re-establish public trust in such investigations while at the same time respecting police officers and their rights.
Find more information on the institution's website
Source: Protecteur du Citoyen du Québec
