This decision rendered last month arrives two years after that of the Criminal Chamber of the Court of Quebec. Judge Julie Beauchesne had recognized as guilty and had acquitted her co-accused Vincent Rheault-Poirier.
The initial intervention, started by side colleagues, was for an anonymous 911 call. When they got there, they had fallen face to face with an individual who manipulated two knives.
According to the proof presented in court, on the side had kicked the face of a man who was extended on the ground, handcuffed, in lateral security position in March 2020.
“The intervention of the agent side towards [la victime] constitutes an act of police brutality not justified. “
— Isabelle Côté, administrative judge
“At the time of the facts, [la victime] was in a situation of great vulnerability, handcuffed and lying on the ground, when the agent on the side deliberately took a kick on the face, a particularly sensitive area. No provocative behavior from [la victime] did not justify such violence, “said administrative judge Isabelle on the administrative court of police ethics.
On the side had received conditional absolution at 40 hours of community work and had to follow a 12 -month probation. According to the judgment of the administrative court, he finally carried out 50 hours of community work.
Low risk of recurrence
If the commissioner for police ethics admitted initially “having opted for the dismissal of the agent on the side, the process of introspection of the latter, started in December 2023, in the context in particular of psychotherapy, greatly contributed to the Commissioner to work again and submit to the court, with the police party, a common suggestion of 60 days of suspension”.
A low risk of recurrence has been noted.
“He has, since the events, a lot of chemin and is now better equipped to cope with an anxiety -free or conflicting situation.”
— Isabelle Côté, administrative judge
However, on the side had to offer certain commitments, “which act as a safety net, which reassures the commissioner”. “In general, these commitments allow the agent on the side to continue this awareness, which will continue to progress,” he says.
Time limit
The five -year period between the offense and the sentence is explained by the time spent in the criminal chamber. The trial concluded in January 2023 and was appealed before the Superior Court. The guilt of the policeman was confirmed in November of the same year.
“It was then necessary to wait for the end of the appeal period to consider this decision to be final and it was only at the end of this judicial process that our investigator was able to supplement his investigation. A quotation was then filed with the Administrative Court of Police Ethics on June 25, 2024, “confirms the office of the commissioner for police ethics.