P-13.1, r. 1 - Code of ethics of Québec police officers

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chapter P-13.1, r. 1
Code of ethics of Québec police officers
POLICE ORGANIZATION — CODE OF ETHICS
Police Act
(chapter P-13.1, s. 127).
P-13.1
September 1 2012
DIVISION I
GENERAL
1. This Code establishes the duties and standards of conduct of police officers in their relations with the public in the performance of their duties.
It applies to every police officer. It also applies to every peace officer within the meaning of section 14 of the Anti-Corruption Act (chapter L-6.1) and of section 6 of the Act respecting the conservation and development of wildlife (chapter C-61.1), every special constable, every highway controller and every person having authority over highway controllers, with the necessary modifications.
O.C. 920-90, s. 1; S.Q. 2004, c. 2, s. 79; S.Q. 2009, c. 49, s. 46; S.Q. 2011, c. 17, s. 65; S.Q. 2018, c. 1, s. 51.
2. In order to promote the quality of the police department in its relations with the public, a police officer shall promote, to the extent of his capabilities, the development of his profession through the exchange of knowledge and through participation in upgrading courses and training programs.
O.C. 920-90, s. 2.
3. This Code is intended to ensure better protection of the public by developing high standards of public service and professional conscience within police departments and to ensure the respect of human rights and freedoms including those set out in the Charter of human rights and freedoms (chapter C-12).
O.C. 920-90, s. 3.
4. Any failure or omission concerning a duty or a standard of conduct provided for by this Code constitutes a derogatory act hereunder and may result in the imposition of a penalty under the Police Act (chapter P-13.1).
O.C. 920-90, s. 4.
DIVISION II
DUTIES AND STANDARDS OF CONDUCT OF A POLICE OFFICER
5. A police officer must act in such a manner as to preserve the confidence and consideration that his duties require.
A police officer must not:
(1)  use obscene, blasphemous or abusive language;
(2)  fail or refuse to produce official identification when any person asks him to do so;
(3)  fail to carry prescribed identification in his direct relations with the public;
(4)  commit acts or use injurious language based on race, colour, sex, sexual orientation, religion, political convictions, language, age, social condition, civil status, pregnancy, ethnic or national origin, a handicap or a means to compensate for a handicap;
(5)  be disrespectful or impolite towards any person.
O.C. 920-90, s. 5.
6. A police officer must avoid any form of abuse of authority in his relations with the public.
A police officer must not:
(1)  use greater force than is necessary to accomplish what is required or permitted;
(2)  make threats, intimidate or harass;
(3)  knowingly bring a charge against any person without grounds;
(4)  abuse his authority in order to obtain a statement;
(5)  detain any person who is not under arrest, in order to interrogate him.
O.C. 920-90, s. 6.
7. A police officer must respect the authority of the law and of the courts and must collaborate in the administration of justice.
A police officer must not:
(1)  prevent or contribute to preventing justice from taking its course;
(2)  conceal or fail to pass on evidence or information in order to benefit or harm any person.
O.C. 920-90, s. 7.
8. A police officer must perform his duties with integrity.
A police officer must not:
(1)  maliciously damage or destroy property belonging to any person;
(2)  illegally dispose of property belonging to any person;
(3)  knowingly file a false or inaccurate report or recommendation concerning any person.
O.C. 920-90, s. 8.
9. A police officer must perform his duties disinterestedly and impartially and must avoid putting himself in a conflict-of-interest situation liable to compromise his impartiality or to adversely affect his judgment or fairness.
A police officer must not:
(1)  directly or indirectly solicit, accept or demand from any person a gift, a reward, a commission, a kickback, a discount, a loan, repayment of a debt, a favour or any other advantage or consideration liable to compromise his impartiality, judgment or fairness;
(2)  pay, offer to pay or agree to offer a gift, a reward, a commission, a kickback, a discount, a loan, repayment of a debt, a favour or any other advantage or consideration liable to compromise the impartiality of that person in the performance of his duties;
(3)  recommend the services of a particular attorney to any person, especially an accused person, with whom he has been in contact in the performance of his duties;
(4)  put himself in conflict of interest in soliciting or collecting money from the public through the sale of advertising or tickets, or otherwise for the benefit of a person, an organization or an association.
O.C. 920-90, s. 9.
10. A police officer must respect the rights of any person in his custody and avoid any indulgence towards that person.
A police officer must not:
(1)  provide to a person in his custody alcoholic drinks, drugs, halucinogens, narcotic or anesthetic preparations or any other substance liable to cause drunkenness, weakness, impairment of faculties or unconsciousness, unless that person has a medical prescription;
(2)  be negligent or lack concern regarding the health or safety of a person in his custody;
(3)  obtain or attempt to obtain an undue advantage for a person in his custody;
(4)  except where necessary, search a person of the opposite sex, be present during the searching of such a person or have a person in his custody searched by a person of the opposite sex;
(5)  interfere in communications between a person in his custody and that person’s attorney;
(6)  use greater force than necessary on a person in his custody;
(7)  permit the incarceration of a minor with an adult or of a female person with a male person, except in cases provided for by law.
O.C. 920-90, s. 10.
11. A police officer must use judgment and exercise care in using a weapon or any other piece of equipment.
A police officer must not:
(1)  show, handle or point a weapon without justification;
(2)  fail to take the necessary measures to prevent the use of a service revolver by anyone other than a police officer.
O.C. 920-90, s. 11.
12. Where he discovers or is informed of the presumed commission of an act derogatory to this Code, the director of a police force must notify in writing the citizen concerned of the rights granted by the Police Act (chapter P-13.1) and must send a copy of that written notification to the Police Ethics Commissioner.
O.C. 920-90, s. 12.
13. This Code replaces the provisions concerning police ethics in the Regulation respecting the code of ethics and discipline of members of the Sûreté du Québec (O.C. 467-87, 87-03-25) and in the Regulation respecting the ethics and discipline of the policemen of the Communauté urbaine de Montréal (O.C. 920-90, 90-06-27). It also replaces any other standard concerning police ethics established by a municipality.
O.C. 920-90, s. 13.
14. (Omitted).
O.C. 920-90, s. 14.
REFERENCES
O.C. 920-90, 1990 G.O. 2, 1760
S.Q. 2004, c. 2, s. 79
S.Q. 2009, c. 49, s. 46
S.Q. 2011, c. 17, s. 65
S.Q. 2018, c. 1, s. 51