An investigator from the Service de police de la Ville de Montréal (SPVM) violated the fundamental rights of a teenager by questioning him for more than six hours, in part without the presence of his mother and without respecting his wish to remain silent .
This was noted by the Court of Quebec in mid-November, saying it was outraged by the behavior of investigator Geneviève Leclerc. In front of her: a 14-year-old boy suspected of having touched a girl’s buttocks.
” [L’]relentlessness [de la policière] to obtain an incriminating statement constitutes an abuse of power”, wrote Judge Annie Savard, in a decision recently made public in which she refers to “serious misconduct by the police”.
This is the type of shocking conduct that undermines the integrity of the justice system. And, a fortiori, the separate criminal justice system set up to protect adolescents.
Judge Annie Savard, in her decision
The justice dismissed the charges against the teenager because of the behavior of the police.
The boy had to ask six times to be accompanied by his mother during the interrogation – a recognized right for minors – and said 15 times that he did not want to speak. The investigator who interrogated him, Geneviève Leclerc, lied to the teenager and invented the presence of DNA evidence on the victim to make him talk, according to the court decision.
“The conduct of the investigator Leclerc is shocking and spans a long period of time, wrote judge Savard. The investigator’s response to the effect that she applies the same interview techniques, regardless of whether the accused is a teenager or an adult, is far from reassuring the Tribunal as to her willingness and ability to apply the separate scheme set up for teenagers. »
“There are limits”, says the lawyer
Me Corine Jacquet represented the teenager in court and convinced Judge Annie Savard to end the legal process.
The judge “is really shocked”, analyzed the lawyer. “The police officer used the same method of investigation that she uses in cases of adults suspected of sexual assault, she is a police officer specialized in the field. »
The police have powers that are limited by fundamental rights such as the right to silence. There are limits to what society can accept.
Me Corine Jacquet, lawyer who represented the teenager
The SPVM indicated that it would “analyze the judgment” with the Crown “before drawing conclusions”.
“The Service de police de la Ville de Montréal conducts its investigations in accordance with the legal framework in force. The investigators of the Sexual Assault Section all follow training on video interrogations given by the National Police School of Quebec, ”added the police force. “The SPVM treats complaints of sexual crimes with the utmost seriousness. The Sexual Assault Section can count on 30 specialized investigators who handle more than 2,000 cases per year, in sexual assault alone. »
“The investigator intentionally and blatantly ignored the defendant’s multiple requests to remain silent. A reasonable and well-informed citizen would be shocked to watch this interrogation lasting more than six hours during which a 14-year-old accused is deprived of his fundamental right to remain silent,” wrote Judge Savard.
The identification of a minor accused is prohibited by law.