According to a recent ruling, the City of Montreal is forced to secure all parking and access to neighborhood SPVM stations to avoid the risk of aggression from its police officers.
The Administrative Labor Court has just ruled in favor of the Montreal Police Brotherhood after a long legal battle that began in 2018. This decision could have serious consequences for Montreal.
As a matter of fact, the court under the Occupational Health and Safety Act requires the employer to eliminate “at source” any hazard that could affect a police officer’s physical integrity.
Although there has been no aggression against a plainclothes agent entering or exiting a neighborhood watch job since 2013, the “risks of aggression” are still very present. “The evidence of the Brotherhood is eloquent […] The mere fact of being a police officer constitutes a risk of aggression,” argued the Judge of the Administrative Labor Court, Michel Larouche.
However, making all parking lots safe requires many steps. “It could cost millions,” said Anie Samson, a former Montreal public safety officer.
PDQ parking lot
Parking lots and driveways for police officers going to work must therefore be subjected to a risk analysis that takes into account in particular:
- access control
- lighting and blind spots
- The presence of fences
- The anonymity of parking
With more than 80% of SPVM police officers residing off the island of Montreal, parking is a concern for retaining and hiring new officers. “Obviously we need to incentivize the police to keep them safe,” says Ms Samson.
“I understand the police, but it will be difficult to respect this ruling in practice,” she adds. In some police stations, patrol cars are even parked on the street for reasons of space. “It’s quite a challenge.”
Given the sensitivity of the case, the debate between the fraternity and the city has been held behind closed doors, but the safety of about ten neighborhood stations has been proven.
The crime rate of the region was also taken into account.
“The presence of a mental health facility in the neighborhood may allow individuals with unpredictable behavior to meet there,” Justice Larouche said.
The city must act
Although Montreal has already introduced measures, the court remains of the view that it has failed to meet the requirements of the law.
“She hasn’t bothered to do a real risk analysis,” ruled the judge, who had given the city six months to act as the debate has been ongoing since 2018. Last November, the Plante administration filed a motion to quash the ordinance’s six-month execution period, but once again the city was silenced.
The city of Montreal has indicated that it will not comment on analyzing the decision for the time being.
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