Police Ethics Commissioner - Refusal of conciliation

An individual refused the Police Ethics Commissioner’s summons to attend a conciliation session and provided grounds for his refusal to the Commissioner in writing. The proceedings were held anyway, with no explanation given.

The individual’s complaint concerned:

• the Commissioner’s failure to provide grounds for his decision to hold a conciliation session despite the individual’s refusal to take part.

The Québec Ombudsman’s investigation revealed that:

• section 147 of the Police Act states that a complainant may object to conciliation by stating the reasons for this objection;
• section 8 of the Act respecting administrative justice states that an administrative authority (the Commissioner) must give reasons for all unfavourable decisions it makes;
• the complainant’s letter to the Commissioner in which he explained his objections required a response.

The Québec Ombudsman recommended that the Police Ethics Commissioner:

• provide the individual with reasons for rejecting the objections provided.

The Commissioner rejected the Ombudsman’s recommendation.