Quebec police officer escapes criminal charge for chase gone wrong

A Surete du Quebec police car is seen in Montreal on Wednesday, July 22, 2020. THE CANADIAN PRESS/Paul Chiasson

Surete du Quebec police officer Valérie Tremblay escaped a criminal charge of dangerous driving, but was still charged with violating the Highway Safety Code following a pursuit that went awry in August 2022 in Coteau-du-Lac.

The officer had attempted to intercept a vehicle, but the driver accelerated to evade her. He collided head-on with another vehicle.

The impact seriously injured both the fleeing driver and the other vehicle's driver.

The Independent Investigation Bureau (IIB) was called to investigate, as it is mandated to do when an incident involving police officers results in the death or serious injury of citizens.

CRIMINAL PROCEEDINGS

The BEI submitted its report to the Director of Criminal and Penal Prosecutions (DPCP) last November, and the latter announced on Tuesday that criminal proceedings would be instituted against Tremblay for "committing an action likely to endanger the safety of persons or property" under article 327 of the Highway Safety Code.

The offence carries a fine of $1,000 to $3,000 and four demerit points.

Although similar to the criminal charge of dangerous driving, the offence under section 327 involves a lesser degree of fault, and carries a much lighter sentence.

NO CULPABLE INTENT

The DPCP concluded there was no evidence of culpable intent, gross negligence or recklessness in this case. As a blog post from the Cormier Simard law firm explains, "mere conduct that does not represent due care or show concern for the risks it poses to others is sufficient" to be in breach of section 327.

The document specifies that the DPCP "need not prove that the speed or action creates an actual danger" but rather that a "potential and reasonably foreseeable danger" could result from the conduct, in this case, that of officer Tremblay.

This report by The Canadian Press was first published in French on June 25, 2023.