Reforming Police Discipline
On September 27, 2023, the Government of Québec enacted O.C. 1483-2023, which amends the By-law regarding the internal discipline of police officers in Ville de Montréal, as mandated by the Police Act (chapter P-13.1). This amendment was prompted by recommendations from the city council and aims to improve the clarity, effectiveness, and fairness of disciplinary processes within the police force.
Several changes were made in the updated by-law. The terminology was revised, with “Police officers” replaced by “At all times, police officers” in section 2, and “their superiors” changed to “any superior” in section 3, emphasizing accountability at all levels. Additionally, section 5 now requires officers to inform the director of any additional roles or income that may conflict with their duties, enhancing transparency and reducing potential conflicts of interest. Section 6 was updated to include “or cannabis” alongside references to alcoholic beverages, reflecting the changing legal landscape surrounding cannabis use.
The amendments also clarify the disciplinary process, empowering the designated complaint processor to initiate investigations if a breach of discipline is suspected, as outlined in section 10. Furthermore, a new structured conciliation process is introduced in sections 16.1 to 16.8, aimed at amicably resolving complaints. This process involves assigning a conciliator, conducting sessions, and requiring confidentiality agreements to promote cooperation between the complainant and the involved officer.
Sections 12 and 13 present a refined approach to evaluating complaints, allowing for the dismissal of frivolous complaints and enabling referrals to conciliation or investigation based on initial assessments. The terminology surrounding disciplinary actions has shifted from “charge” to “citation” throughout the document, aiming for consistency and clarity in the disciplinary framework. New provisions also permit officers facing disciplinary measures to apply for the dismissal of penalties after designated periods, facilitating pathways for rehabilitation and reintegration.
The O.C. 1483-2023 amendments represent a reform of the internal discipline framework for police officers in Ville de Montréal. These changes aim to enhance accountability, transparency, and fairness in the disciplinary process, fostering a more professional and responsive police force that aligns with contemporary governance standards and community expectations.
Quebec (OC 1483-2023) October 12, 2023