An executive from the Montreal City Police Service (SPVM) is contesting in court a change of position that he describes as “disguised dismissal”, after being the subject of an internal investigation for a donation he had made last winter to truckers who demonstrated against health measures in Ottawa, noted The duty.
Patrick Lavallée, who has been with the SPVM since 1999, is well known within the police force. On January 10, 2022, he was promoted to head of the Integrity and External Services Division, a senior position. He had previously been commander at neighborhood post 39, in Montreal North, from 2019 to 2021.
However, a blemish appeared in the inspector’s file last year. On March 8, 2022, Mr. Lavallée, in his late fifties, learned that he was the subject of a disciplinary investigation by the SPVM “following a donation made to truckers who expressed their opposition to Ottawa a few weeks ago,” show court documents consulted by The duty. Two weeks later, the police officer was moved to another management position, that of support advisor to the gendarmerie (south-west).
In this position, Patrick Lavallée retains his rank of inspector and the same salary. However, he believes that this trip constitutes “a disguised dismissal” in response to his support for truckers who paralyzed Ottawa for three weeks last year to oppose health measures, as part of a movement known as “Freedom convoy” which forced the Trudeau government to resort to the Emergency Measures Act.
According to our information, it is a donation of $20 made by Mr. Lavallée to this movement during his free time and using his personal email which is at the heart of this affair.
“It’s a bit excessive as a consequence,” laments a retired SPVM police officer, who knows Mr. Lavallée well. He believes that the executive “has the right not to share the government’s opinion and to encourage truckers, especially in his personal time.”
Patrick Lavallée would now only occupy minor administrative tasks in a position where his possibilities for advancement are limited, according to our source. A hard blow for this inspector who took part last year in the race for the leadership of the SPVM, which was ultimately won by Fady Dagher.
“Professionally, it blocked and diminished him; and personally too, it affected him a lot,” continues our source, who requested anonymity because this case is being taken to court.
Standoff in court
Patrick Lavallée thus filed a complaint on April 21, 2022 before the Administrative Labor Tribunal (TAT) in order to denounce the transfer to another position to which he was subject, and which he describes as “disguised dismissal”. The SPVM, however, argued before administrative judge Benoit Aubertin that the TAT does not have the jurisdiction to make a decision in this matter, since this file instead falls under the jurisdiction of the Court of Quebec.
It is in fact the latter which has the capacity to deal with cases where a person alleges to have “suffered dismissal or disguised dismissal following a move to a position of lesser importance”, which would be the case here , writes Judge Aubertin. “In these circumstances, the Court certainly cannot decide otherwise,” he continues.
By going before the Court of Quebec, Mr. Lavallée could claim compensation for what he could describe as a “reduction in salary”, in connection with his forced change of position at the SPVM, indicates the TAT judge, who thus declined its jurisdiction in this matter.
According to a source close to Mr. Lavallée, the latter intends to pursue his action before the courts. However, we do not know at this stage whether it will be the Court of Quebec or the Human Rights Tribunal.
Not a unique case
Seals by The dutyboth the office of Mayor Valérie Plante as well as the SPVM and Patrick Lavallée refused to answer our questions, due to “the judicialization of the case”.
Patrick Lavallée is not the only SPVM employee who has been the subject of disciplinary measures for his support of a movement opposing the health measures put in place to fight COVID-19. Officer Antonino Petrotta was notably the subject of an administrative move after taking part in an event against health rules in December 2021 in the company of three police officers from the Sûreté du Québec, who also suffered the same fate.
In this context, Danielle Pilette, professor in the Department of Strategy, Social and Environmental Responsibility at UQAM, believes that police officers should be better informed, in written rules, of what they incur if they publicly oppose health rules. “The City of Montreal must clarify its position on this” in order to avoid any ambiguity on the positions that the police can take in this regard, believes the expert.