Police investigations: a special report of the Québec Ombudsman leads to legislative changes

  • June 25, 2013
Corps

In May 2013, the Québec National Assembly adopted the Act to amend the Police Act as concerns independent investigations. This Act was the result of the recommendations of the Ombudsperson, Raymonde Saint-Germain, in her special report on the investigation procedure applied in Québec for incidents involving police officers. This report, published in 2010, was entitled For a Credible, Transparent and Impartial Process that Inspires Confidence and Respect. In a brief published in 2012, the Ombudsperson reiterated her recommendation that an independent body be created to investigate into incidents involving police officers in which civilians are killed or seriously injured. The Act adopted last month by the National Assembly will allow the establishment of such a body, which the Ombudsperson finds praiseworthy. The next step is the publication of a draft regulation, which will establish the rules governing investigations under this body's responsibility.The Québec Ombudsman will ensure this regulation offers all the conditions guaranteeing the independence and impartiality of these investigations. This intervention by the Québec Ombudsman is an example of the preventive and systemic action that certain ombudspersons and mediators can take. The Québec Ombudsman has the power to lead investigations intopublic sector governance issues, on its own initiative. In order to remedy prejudicial situations and avoid their recurrence, the Québec Ombudsman may also call to the attention of the National Assembly the necessity of such legislative reforms as he deems to be in the public interest.