POLICING THE POLICE

The provincial agency that will soon begin investigating deaths or serious injuries at the hands of police has a gaping hole in its mandate. Created in 2013, the Bureau des enquêtes indépendantes has taken more than two years to get up and running, but should be operational by the end of 2015. That, in itself, is excellent news. The current system, which still has police investigating police in Quebec, is outdated and has been roundly criticized by citizens, civil liberties groups and even the provincial ombudsman. In recent years, serious questions have been raised about the impartiality of various probes.

The government recently tabled a draft regulation on how the new agency will operate, and invited comments. It was at that point that the hole became apparent: A “serious injury” caused by police is defined as a physical injury that “could lead to death or that results in serious physical consequences.” There is no mention anywhere of sexual misconduct.

Inappropriate innuendo, physical assault and other forms of sexual harassment can have long-term physical and psychological health consequences for the victims. Such behaviours are always unacceptable and very often constitute a criminal offence, but they are even more egregious when carried out by a police officer to whom members of the public have entrusted their safety. Other provinces have recognized this, including sexual misconduct allegations on the list of those that are automatically investigated by their own independent bodies, thereby ensuring impartiality.

Quebec would be wise to follow suit, providing our new watchdog with a broader, more effective mandate.