Benefiting like any citizen from the presumption of innocence, representatives of the order were able to continue to wear their uniform and their weapon, even when they faced criminal charges, the investigation shows. Duty. Others have been able to benefit from court decisions which will allow them to regain their jobs despite the recognition of certain facts.
Of the 54 files concerning sexual or domestic violence involving police officers analyzed by The duty from 2018 to 2023, 11 resulted in an acquittal and 8 in an absolution.
“Luckily my colleagues grabbed my gun, I would have caused you a lot of carnage, I would have smashed your head with it. » It was with these words that police officer Mario Cloutier threatened his ex-partner in December 2017, following the announcement of their separation.
The Sûreté du Québec (SQ) inspector is one of the police officers who obtained a conditional discharge, despite the seriousness of the actions committed.
Representing himself in court, the police officer admitted, bluntly, to having harassed, threatened to kill and tried to prevent his ex from contacting the police. He also admits to having telephoned her on numerous occasions in violation of a contact ban.
“My damned bitch, you’re not done with me, you’re going to die, my tabarnak, you’re going to die, I won’t let go of you until you’re exhausted, I won’t let go of you. Neither does your dirty rat osti,” he said in one of the messages left on his voicemail presented as evidence.
Inspector Cloutier explains to the judge that he suffered from severe depression following the breakup. “The public prosecutor mentions that I was a police officer at the time of the events, you know, mental health is fragile, regardless of the profession. When depression arrives, you lose all your means, all your points of reference. It’s Mario Cloutier the man, the human who sank […] it’s not the policeman,” he argued.
Consumed by shame, the police officer opted for early retirement from the SQ. However, he said he wanted to work in civil security in the public service or in the private sector. “If I ever had a criminal record, I would have to give up this second career. I am only 53 years old, I cannot remain unemployed,” he argued.
The judge accepted his arguments.
“The offender suffered serious consequences for his crimes, there is no need here to add a prison sentence. A conditional discharge is sufficient to punish the accused and protect the victim,” concluded Judge Marc Ouimette, imposing a one-year probation as well as a ten-year ban on weapon possession.
Luckily my colleagues grabbed my gun, I would have caused you a lot of carnage, I would have smashed your head with it.
Obtaining an absolution is a major asset in criminal matters and in terms of discipline, according to criminal lawyer Charles Levasseur, who counts many police officers among his clients. He explains that one of the criteria allowing the judge to grant an absolution is the fact that this verdict will not harm the public interest. A major argument that can be used before a disciplinary council. “It’s clear that it’s [un verdict] so that the person is employable in any type of employment or so that he or she is able to request reinstatement from the disciplinary committee,” he indicates.
According to the Director of Criminal and Civil Prosecutions (DPCP), generally speaking, the granting of an absolution remains “the exception”. “If we consider that hundreds of guilty verdicts in these cases of sexual violence are rendered annually in Quebec, and therefore that as many sentences are imposed by the courts, it is possible to affirm that the imposition of an absolution for these crimes is an exceptional sentence,” indicated to the Duty the DPCP.
810
The analysis of the 54 cases of domestic or sexual violence involving police officers also shows that 3 cases resulted in the signing of a commitment not to disturb the public peace, known in legal jargon as an “810 commitment”.
“I emphasize that an 810 is not a verdict of guilty of any offense whatsoever,” notes Me Ariane Bergeron St-Onge, who represented three of the police officers cited in our investigation.
This order allows conditions to be imposed for one year when there is fear for a person’s safety. Since it is not an admission of guilt, 810 often has no impact.
Accused of assault against an ex-spouse, police officer from the City of Montreal Police Service (SPVM) Keven Doyon saw his case closed with the signing of an 810. “To justify the 810, the complainant wanted let it be mentioned that it was for the purpose […] not to harm the work of the gentleman, but [elle] also wanted to ensure a certain security and stability,” the Crown explained in court.
Officer Doyon, who still works at the SPVM, cannot possess a weapon for 12 months, “except for legitimate and paid work purposes.” He agreed to have psychological follow-up.
Signing an 810 commitment discourages a complainant encountered by The duty. According to her, 810 was a way for her ex, a police officer, to never admit the facts. “When the prosecutor called me to tell me that there would be no trial, she told me “you know, he will probably lose his job”. It felt like it was enough,” says Geneviève*.
Targeted by seven accusations, police officer Moko Gamache, of the Longueuil agglomeration police service (SPAL), saw all the charges against him dropped in exchange for an 810. During a brief hearing, lasting less than four minutes, the patrolman, who was accused, among other things, of criminal harassment, unauthorized use of a computer, obstruction and mischief, agreed to pay $2,000 to his ex’s new spouse, as well as $1,000 $ at Maison Hina, which shelters women victims of domestic violence and offers them services.
“That still allows him today to deny everything,” laments Geneviève. “It’s a ridiculous ‘sanction,’” she said.
Case by case
Whether the police officer is acquitted or not, he may be required to face allegations before the administrative ethics tribunal, then the disciplinary committee of his police force. Under numerous collective agreements, a police officer who has been found guilty of ethics cannot be judged a second time in discipline by his employer. Several police forces granted us interviews to explain who decides the fate of a police officer targeted by a complaint or accusation.
“Following the verdict, we automatically take the evidence and analyze it from a disciplinary point of view to see if there were any violations. If this is the case, we initiate the disciplinary process,” explains Daniel Roux, inspector responsible for professional standards at the Longueuil urban police department. At the end of this process, he is exposed to measures provided for in the municipal by-law on discipline ranging from a reprimand to dismissal, or even dismissal.
An advisory committee is set up as soon as a complaint is filed, explains Inspector Rioux. The suspension of the police officer is not automatic. “Can theoretically a police officer facing a sexual misconduct offense be kept on duty, in administrative tasks? The answer is yes,” indicates Jean-François Bernier, Mr. Rioux’s counterpart at the Quebec City Police Department.
Inspector Bernier specifies that the essential question that arises is that of the loss of confidence of the citizen. “Can the person remain in office? Do we keep her in contact with the public? Do we leave it armed? Where can she be reassigned in the organization? » he specifies. He admits that it can take several months, even years, between the suspension and dismissal of a police officer, but that respect for the presumption of innocence takes precedence.
Despite these mechanisms, Rosalie* had to alert the police because she feared for her safety. “It was I who told the investigators that he still had the keys to the office and therefore still had his firearm in his case,” she remembers.
“ […] I have nothing left to lose, I’m ready. Yes, she will live this hell with me. » This text message signed by former Lévis police officer Hugues Gagnon was sent to a mutual friend of the couple he formed at the time with Rosalie*. Before the judge, police officer Gagnon admitted to having harassed and tried to dissuade his ex from filing a complaint.
“The day he found out I was seeing someone, that’s when a few threads touched. It was really the trigger for the harassment, the intimidation. He followed me whether he was on duty or not. It really made it scary,” Rosalie recalls in an interview with The duty.
She decided to file a complaint for the first time in October 2018, but withdrew.
“He continued to work, and then, in January, it took on a disproportionate scale. He followed me wherever I went. He knew what I was doing, who I was with, who was going out, who was coming home. He knew everything,” she says.
Rosalie files a complaint again. Her ex is once again putting pressure on her to withdraw her complaint.
Rosalie was bombarded with text messages in which her ex spoke as if they were still a couple. Just for the period from March 25 to April 10, 2019, 37 pages of text messages will be filed as evidence. The situation deteriorates, and Rosalie says she is increasingly worried about the comments made by her ex-partner. Officer Gagnon received a conditional discharge with three years’ probation and 24 months’ supervision. After this period, he may attempt to demonstrate specific circumstances justifying a sanction other than dismissal.
“The law is quite clear, from the moment you obtain either an unconditional or conditional discharge, once probation has been completed, the person is presumed to no longer have a criminal record,” emphasizes Inspector Rioux. “From there, it is up to each of the police forces to carry out their security investigations in due form. Unfortunately, even there, at the level of security investigations, we are also subject to the rules that the Charter imposes on us,” he notes. The duty has also noted that several collective agreements also provide for the erasure of the disciplinary file after 12 to 36 months.
*Fictitious names. The identity of the complainants is protected by court order.