Doyon, Ruel, Moore

Appeal from a judgment of the Superior Court granting an application for damages. Dismissed.

Koray died during a police intervention at his parents’ home on March 6, 2017. On August 9, 2018, the Bureau des enquêtes indépendantes (BEI) issued a press release informing the public that its independent investigation report into the incident had been transmitted to the Director of Criminal and Penal Proceedings (DCPP).

Koray’s family sued the BEI in connection with the publication of this release. The fault alleged was based on the facts surrounding the publication of the press release and its content, more specifically its biased nature.  The trial judge agreed with them and held that the BEI had lacked independence and exceeded its jurisdiction, thereby committing a civil fault. He also found that the BEI’s public communications on the conduct of the investigation were at fault and stated that the BEI had not properly informed the respondents about the conduct of the investigation.

The judge erred with respect to the BEI’s public communications on the conduct of the investigation when he singled out the release of August 9, 2018. The BEI issued a total of three releases informing the public about the main steps in the conduct of the investigation. With respect to communications with the respondents, the BEI should have communicated more effectively with them. However, it was considerably restricted in what it could communicate so that it would not impede the investigation. In this case, the respondents were informed of the beginning of the investigation and they met with BEI investigators. They were informed that the BEI report had been sent to the DCPP and of the investigation’s finding. The judge’s errors on these points, however, are not determinative.

The judge could reasonably conclude that the BEI had committed a fault in issuing a release that appeared biased. In this case, the evidence on the police actions during the intervention that led to Koray’s death was contradictory. The BEI was responsible for collecting testimony, facts, and elements to reconstitute every last detail of the incident and faithfully record it in a file so that the DCPP could decide whether it was appropriate to file charges. Yet it informed the public of its position after its investigation and, accordingly, the release of August 9, 2018, contained only the police version of events, which made it appear biased. The BEI in a way usurped the DCPP’s role or, at the very least, prevented it from properly carrying out its role, as the DCPP could request an additional investigation that might change the report’s findings and its mandate was to determine whether criminal charges should be laid against the police.

Last, it was open to the judge to conclude that a causal connection existed between the publication of the release and the injury suffered by the respondents, even though they were not directly mentioned in the release. The respondents were present during the police intervention and their son’s death, and were deeply interested in the conduct of the investigation, as the BEI knew.

Text of the decision: http://citoyens.soquij.qc.ca