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SPVG Management Reacts to the Decision Rendered by the Police Ethics Committee Regarding Two Police Officers
Gatineau, December 7, 2022. – Service de police de la Ville de Gatineau (SPVG) management learned this morning of the decision rendered yesterday by the police ethics committee in the matter of the arrest of journalist Antoine Trépanier in 2018.
Quick facts
| ● | The decision rendered by the police ethics committee (file C-2020-5232-2) finds that two police officers contravened sections 5, 6 and 7 of the Code of ethics of Québec police officers further to a complaint filed by a resident on March 13, 2018. |
| ● | On March 22, 2018, then Chief of the SPVG Mario Harel acknowledged at a press conference that the police officer had not properly assessed the situation after taking the alleged victim's statement, and that the decision rendered by the Directeur des poursuites criminelles et pénales (DPCP) confirmed that the basic elements constituting an offence were not present. Consequently, the journalist's arrest was not justified.
– However, SPVG management indicated that the police officers had acted in good faith, without any intent to infringe the freedom of the press or the work of the journalist. |
| ● | The critical review of the event conducted by SPVG management and its Division des normes professionnelles et des affaires internes (DNPAI) in the days following the journalist's arrest highlighted the fact that the police officers would benefit from a better understanding of the practices, uses and rights of the profession of journalist in order to gain a better appreciation of the requirements of that work. |
| ● | In order to correct that situation, the police officers were made aware by management of the fact that journalists are subject to journalistic standards recognized by the courts. The police officers were informed that journalists must give the person who is the subject of their story the opportunity to provide their version or to clarify the facts in order to properly inform residents based on quality, free, varied and rigorous information guided by the search for truth and the public interest. |
| ● | In addition, the police officers were asked to pay special attention to cases involving people working in the field of journalism.
– The arrest of an individual without a warrant must always be the exception, whether or not that person is connected to the field of journalism. There must always be consideration of alternatives to an arrest without a warrant, without losing sight of the priority to be given to the victim's physical safety.
– In the case of a journalist, it is also important to take into account any prejudice brought upon media activities before undertaking any procedure.
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| ● | In order to help police officers make decisions, since March 22, 2018, when taking a complaint concerning someone from the media, they are required to:
– inform a senior officer of any event involving a journalist carrying out their functions and to inform management by issuing an event summary;
– ensure that all factors required in a criminal offence are present in the actions that are the subject of the complaint and are included with the police officer's report;
– have the complaint authorized by the DPCP before arresting the journalist unless there is an urgent need to act, namely in the case of a real and immediate danger to the physical safety of a victim or the continuation of the offence; and
– if the complaint is authorized by the DPCP and an arrest warrant is issued:
○ to proceed with the arrest warrant;
○ to give the accused the opportunity to provide their version of the facts and, if applicable, to include their statement with the file; and
○ to ensure compliance with the release of the accused. |
| ● | Finally, all police officers received training from the DPCP in late 2018 or early 2019 (depending on their section or division) to review the concepts related to the power of arrest, transferred reasonable grounds, the power of identification, searches of suspects and vehicles, and the power of detention for the purpose of an investigation. |
Quote
“Although we do not normally comment on decisions rendered by the police ethics committee, the context of this decision warrants that we clarify to the public and the media community that the in-depth post mortem conducted in 2018 led to tangible and swift actions to ensure that such a situation does not repeat itself. We are mindful of the fact that the bond of trust with our community rests on the conviction that we conduct our work properly and apply the greatest rigour to protect the rights and freedoms of the parties involved in any situation, and that we take every necessary step to improve our practices when weaknesses or opportunities are identified,” indicated Stéphane Raymond, the deputy director of police operations and acting chief. Next steps | ● | SPVG management will limit itself to this written statement in reaction to the decision by the police ethics committee, and will not be giving any interviews on the matter out of respect for the process, which has not yet been completed.
– The police officers in question are entitled to appeal the decision, and management is required to respect their rights.
– It goes without saying that management will comply with any decision rendered or penalty imposed, as applicable, pursuant to the Police Act.
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Associated links
Le SPVG réagit à la décision du DPCP dans le dossier mettant en cause un journaliste de Radio-Canada (published on March 22, 2018 – in French only) Réaction de la direction du SPVG à l'arrestation d'un journaliste (published on March 15, 2018 – in French only)
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