P-13 - Police Act

Section 34 Disposition versions

1990-09-01

34. (Repealed).

1968, c. 17, s. 24; 1979, c. 67, s. 18; 1980, c. 11, s. 70; 1988, c. 75, s. 210.

1980-07-18

34. The Commission may refuse to make or to proceed with an inquiry if it considers the request for an inquiry frivolous, vexatious or made in bad faith, or an inquiry unnecessary in the circumstances. For that purpose, the Commission may conduct any kind of inquiry it sees fit, and in so doing, is not subject to the formalities prescribed in the first paragraph of section 33.

The Commission may also refuse to make or to proceed with an inquiry under section 21, if the member of the Police Force or the municipal policeman respecting whom it is making the inquiry is, for the same facts, the subject of an inquiry before a committee on discipline established in accordance with a by-law adopted under the second paragraph of section 18, a regulation under section 57.1, or a by-law under section 201 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2). However, if the Commission proceeds with its inquiry, such a committee must stay all proceedings.

If the Commission refuses to make or to pursue an inquiry, it must notify the interested person of it in writing and give him the reasons therefor.

1968, c. 17, s. 24; 1979, c. 67, s. 18; 1980, c. 11, s. 70.

1980-06-01

34. The Commission may refuse to make or to proceed with an inquiry if it considers the request for an inquiry frivolous, vexatious or made in bad faith, or an inquiry unnecessary in the circumstances. For that purpose, the Commission may conduct any kind of inquiry it sees fit, and in so doing, is not subject to the formalities prescribed in the first paragraph of section 33.

The Commission may also refuse to make or to proceed with an inquiry under section 21, if the member of the Police Force or the municipal policeman respecting whom it is making the inquiry is, for the same facts, the subject of an inquiry before a committee on discipline established in accordance with a by-law adopted under the second paragraph of section 17, a regulation under section 47a, or a by-law under section 201 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2). However, if the Commission proceeds with its inquiry, such a committee must stay all proceedings.

If the Commission refuses to make or to pursue an inquiry, it must notify the interested person of it in writing and give him the reasons therefor.

1968, c. 17, s. 24; 1979, c. 67, s. 18.

1977-12-31

34. The Commission shall not, in its reports, censure the conduct of a person or recommend that punitive action be taken against him unless it has heard him on the facts giving rise to such censure or recommendation. Such obligation shall cease, however, if such person has been invited to appear before the Commission within a reasonable delay and has refused or neglected to do so. Such invitation shall be served in the same manner as a summons under the Code of Civil Procedure.

1968, c. 17, s. 24.