The firm deadline of 24 hours maximum for the appearance of an accused is not the only source of irritation for the police, who also complain that it is increasingly difficult for them to obtain warrants quickly. of search.
The Press spoke with police officers who say that in Montreal, when they have to make an appointment to speak with a presiding justice of the peace to request judicial authorization, the delays are often from one week to ten days.
“Investigations are already more and more complex according to the new reality, case law, the data that we collect, etc. A ten-day delay in obtaining a search warrant in an investigation can be very long. Things are happening, in ten days, the situation can change, ”says Pierre Brochet, president of the Association of Quebec Police Directors and head of the Laval Police Department.
“Justices of the peace are asking for more and more and refusing more and more warrants. And the litigation of the organizations concerned also want mandates. It is therefore possible that investigations will be closed because of this, and it is society and families who suffer from it”, deplores a police officer who is not authorized to speak to the media and according to whom the justices of the peace refuse more plus the use of certain investigative techniques.
“It lengthens and slows down the investigation, and decreases efficiency. We have to find a solution, otherwise it will be difficult,” laments Mr. Brochet.
They [les juges] must be able to respond within a time limit, in terms of search warrants and appearances, which must be better adapted to police reality.
Pierre Brochet, President of the Association of Quebec Police Directors
“It would be nice, across Quebec, to have the best investigative services, lay charges and be extremely efficient, it has to be tied in with the DPCP and the judges. It is a whole. It cannot be separated. We currently have this issue,” adds Mr. Brochet.
Explosion of judicial authorizations
“The XXIe century has caught up with us! Since I started in the 1980s and since the advent of technological means, the number of warrants that can be requested and obtained has tripled,” replies Chantale Pelletier, Associate Chief Judge of the Criminal and Penal Division of the Court of Quebec.
“It is certain that the investigations have become more complex, and the judicial authorizations each have their own form. But there is a lot of case law, in particular from the Supreme Court, on the requirement that is expected from the judge who authorizes a warrant, because it is a constitutional right, ”continues Justice Pelletier.
We interfere in a person’s life. So the reasons have to be examined by a judge, and all that takes more time.
Chantale Pelletier, Associate Chief Judge of the Criminal and Penal Division of the Court of Québec
Mme Pelletier, however, refutes that the delays can be ten days to obtain an appointment with a presiding justice of the peace.
She says that a priority system has been put in place, precisely, so that more urgent requests are favored.
She adds that since last January, requests can be made virtually, to avoid the police having to travel to the courthouse, a request that they themselves had made, she said.
Justice Pelletier says there are three full-time presiding justices of the peace in Montreal to respond to search warrant requests and others are assigned after hours, 24 hours a day, 365 days a year .
“I understand the police officers for not liking that we have established priorities, but we must prioritize the more urgent requests before taking care of the less urgent ones.
“I am convinced that the prioritization is well done by presiding justices of the peace because they are specialists and they are used to this type of investigation, particularly those in Montreal,” concludes Ms.me Pelletier, inviting the police to contact her if they are not satisfied.
To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.