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Sainte-Foy, September 19th 2001
RECOMMENDED
- Mr Serge Joseph Adrien Bourassa-Lacombe
- 583, street Guizot East
- Montreal (Quebec) H2P 1N4
N/Dossier:
01-0748 - Incident of
September 18th 2000
Dear Sir,
We finished the study of the complaint in the file quoted in
title.
I inform you that we cannot, in accordance with the law,
front outward journey in this business for the following
reasons:
- the plaintiff, Mr Serge Joseph Adrien Bourassa-Lacombe,
lodged with the Police chief a complaint relating to the control
of the captain André Castonguay and agents Michel Gagné and
Michel Martin of the Control inter municipal of police of the Sherbrooke area;
- this complaint also initially aims the director of the
service of police concerned, but we could not raise any relevant
reproach relating to it;
- in practice, Mr Bourassa-Lacombe is dissatisfied follow-up
given to a criminal complaint which it intended to deposit
against various people implied in a civil continuation brought
in higher Court (450-05-002521-983);
- initially, we must point out that the only finality of the
system of police deontology is to ensure the application of the
Code of ethics of the police officers of Quebec;
- as regards investigation, that is to say the matter aimed
by this complaint, it should be recalled that the legislator
confers to the police officers vast capacities and a great
autonomy in the performance of their duties;
- thus the advisability of holding an investigation in a
given case and the decision to continue it or close it concern
this inherent autonomy of the police function;
- in this case, of the remainder, it is recognized in police
deontology which it would not know y to have transgression with
the above mentioned code that if one is in the presence of
characterized allegations, for example of the dishonesty, of the
bad faith, the existence of a conflict of interests or coarse
negligence;
- consequently, it will be agreed that the Police chief is
not authorized to intervene if there are only dissension or
litigation on the action which appropriateness a police officer
could have taken in a given situation;
- from these point of view, we examined carefully pled
complaint, analyzed the whole of the bulky documentation
subjected by the plaintiff and process to checks, in particular
starting from the corresponding operational files
(SBK-20000918-013);
- this reveals that, in the circumstances, the police
officers achieved their functions with best and within the only
limits of their competences;
- it will be agreed, of the remainder, that the problems
subjacent with the complaint of Mr Bourassa-Lacombe are a priori
of civil nature and that it could not either put forward with
the police officers concerned any element making it possible the
latter to consider that its complaint deserved a more thorough
treatment their level;
- for these reasons, it is thus not convenient to engage the
process here deontologic.
You have the right to make revise this decision by
transmitting in writing facts or elements new to us in the
fifteen (15) days of the reception of present, with the
following address;
- Police chief with the police deontology
- 1200, road of the Church, RC. 20
- Sainte-Foy (Quebec) G1v 4y9
Sincerely yours
- The Police chief
/ js
P.J.
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