The Montreal police union imposed two statements of offense with fines of $24,000 on the City of Montreal because it allegedly failed to secure the parking lots of police stations, in violation of the Occupational Health and Safety Act.
The two statements of offense were authorized by Justice of the Peace Pierre Fortin and sent to the City in recent weeks, according to court documents consulted by The Press.
The Brotherhood of Police Officers of Montreal used a little-known section of the law, which provides that an association of employees can bring criminal proceedings on its own, if it convinces a judge to authorize the prosecution.
“It’s extremely rare. To such an extent that I have never faced this kind of procedure. I spoke about it to a colleague who told me that in 25 years of practice in occupational health and safety, he has never seen that either,” explains Mr.e Cynthia Brunet, construction and real estate lawyer at Donati Maisonneuve.
Risks of aggression
Last January, the Administrative Labor Court ordered the City to use the techniques necessary to clearly identify the risks of aggression in the parking lots of police stations, within six months.
The mere fact of being a police officer constitutes a risk of aggression on the part of a certain segment of the population. This risk does not disappear from the fact that one finds oneself in a parking lot or an access road to a police station.
Michel Larouche, administrative judge, in his judgment
Ten months later, the Brotherhood claims that the City has not acted.
A first statement of offense of $2,250 was imposed for non-compliance with a court decision and a second, accompanied by a hefty fine of $21,750, accuses the City of having “directly and seriously compromised the health, safety or physical or mental integrity of police officers”.
“In recent years, we have had several misdeeds on the personal vehicles of the police, wheel bolts unscrewed in several different places on several occasions, vandalized vehicles,” says the president of the Fraternity, Yves Francœur.
High burden of proof
The City of Montreal is contesting the union’s claims. “As the City did not have the opportunity to be heard on the question of the delay, a request for review was filed with the administrative labor tribunal and the dispute is currently before this tribunal. In addition, the City will enter a plea of not guilty with respect to any statement of offence,” said spokesperson Gonzalo Nunez.
PHOTO HUGO-SÉBASTIEN AUBERT, THE PRESS
President of the Montreal police fraternity-YVES FRANCOEUR
Me Cynthia Brunet points out that it will take solid evidence to demonstrate that the City is “directly and seriously” compromising the health, safety or integrity of its police officers. If the City contests the statements of offence, the debate will take place before the Court of Québec, in the criminal and penal division.
“We are in criminal law, so the burden of proof is beyond a reasonable doubt here. They must demonstrate under what circumstances [et face à] what behavior what worker was directly and seriously at risk,” she says.