An SPVM policeman has been suspended for one month over an unlawful arrest more than five years ago.
I can’t quite make out this account: “Deriveaux was filming the scene [of a cop chasing another man] … when the man who was being chased got away. That’s when [the cop] approached him and said he had no right to show and demanded he hand over his identification.”
I don’t know what “right to show” means, but the upshot was that Wilguens Deriveaux was thrown to the ground and accused of obstructing the police and causing a disturbance.
Question: Why does it take incidents like this five years to reach a conclusion?



Ephraim 20:01 on 2022-03-07 Permalink
My guess… they meant “to film”. Which he certainly does, but the Police always try to suggest that we don’t.
Matthew Cool, incidentally is mentioned https://deontologie-policiere.gouv.qc.ca/commissaire/publications/actualites/detail-des-communiques/policier-puni-en-deontologie-policiere-pour-avoir-donne-des-coups-de-poing-a-un-citoyen.html so it’s definitely not his first time at the commission… and it’s clear that he had received a 10 day suspension without pay.
And if you look it up, he was deposed on the 5th, 6th, and 9th of September 2019, the 9th, 10th and 11th of October 2019 on dossier C-2016-5015-3
Kate 20:37 on 2022-03-07 Permalink
Ephraim, don’t police have fairly wide discretion when it comes to deciding what constitutes obstruction?
Ephraim 22:41 on 2022-03-07 Permalink
Is filming on the sidewalk actually obstruction? The police constantly want to make people think that you don’t have a right to film… you ALWAYS have a right to film… you may not have a right to post it publicly… but you definitely have a right to film.
In our system the real discretion is supposed to be in the hands of the prosecutor. Sure, the police have discretion, but are they really supposed to have it or is it a function of having too many unenforceable laws? The speed limit of 40 km/h in the city is an example… should the police be writing tickets for all the cars exceeding the 40 km/h limit? We have them use their discretion because if they didn’t, they would spend all day writing speeding tickets… because it’s unenforceable. So they use their discretion and don’t bother writing any. But they are officers of the law, they should be upholding all the laws, not just the ones that they want to uphold.
Still waiting to see a single person actually being arrested for credit card fraud, for example. And you have to be pretty stupid to get arrested for burglary, because the cops don’t usually even bother looking, they just take a report so you can file with your insurance. I still wonder how much of a policeman’s job could be replaced by fillable PDF files.
Ephraim 22:48 on 2022-03-07 Permalink
Sorry, forgot to mention another example of discretion on the part of the police…
Say you see a crime at 4:45PM and your end of day is 5:00PM, do you do the arrest or not? Depends on the police force. If you are able to collect overtime, you do it, because it’s a great way to get extra pay. But if you are unable to collect overtime, you may decide that you didn’t see it, because you won’t have time for the paperwork, or you don’t want to bother getting home late.
But a crime is a crime. The time shouldn’t be a function of criminality. In the US, it is often used as a way to fleece the system… in fact, prosecutors have complained that often arrests near the end of duty aren’t prosecuted because they know that police make arrests close to that time to get overtime and the cases aren’t good enough to prosecute. And it’s a function of area, as well… they will purposefully go through a neighbourhood with POC in order to find a crime (or rather create a crime) to get this overtime. There is a discussion of this on an older PodCast of “You’re Wrong About” as well as elsewhere.
Andrew 12:34 on 2022-03-08 Permalink
I figured out “right to show” … it’s so bad.
Gazette has that part of the story as a quote from the report: “Constable Cool approached Deriveaux, told him he did not have a right to yell (…)”
I was trying to think of a translation error when I realised CTV meant to put “shout”
ooof