NCJ Number
74629
Journal
Revue Juridique Themis Volume: 13 Dated: (1978) Pages: 265-274
Date Published
1978
Length
10 pages
Annotation
Problems arising from the autonomy of the municipal police in Quebec and possibilities for increasing governmental control over police activities are discussed.
Abstract
According to the Anglo-Saxon law which predominates in Quebec, the director of the municipal police department is completely independent of local and provincial powers. Only the courts can oblige him to carry out his duties or revise his orders. The Police Commission of Quebec has the right to make inquiries and regulations; at the local level, the Council for Public Safety of the Urban Community of Montreal serves as a consulting body with some control in disciplinary and budgetary matters. While civil authorities thus exercise some budgetary influence on the police, police discretion and general police policies are the main means of protecting citizens' rights. The police chief's autonomy, like the independence of the judiciary, is viewed as an instrument to assure fair application of the law. A weakness of this system of police organization is the lack of governmental control over the administrative police functions. Inaction of provincial governments has permitted the proliferation of police units with little more than domestic tasks, devaluing police work. In contrast, other countries, such as England and the United States, have used the power of the budget and the right to make regulations as a means of controlling police activities. Regulations can offer some guidance for the officer who must exercise discretion in interrogation techniques, selective application of the law, methods of arrest, and treatment of prisoners. Without such guidance, discretion becomes a highly arbitrary matter. It is up to the politicians to decide if such measures are feasible in Quebec. Notes are supplied.