Montreal Protester Has Charges Dropped Unexpectedly

Protester Detained by Undercover Police May File Déontologie Complaint

NewsVince Morello — Published April 5, 2016

The charges stem from an anti-austerity protest Dugrenier attended where he took photos of what he believed were plain clothes cops. As he put away his phone and walked to his car, the cops allegedly grabbed and carried him away. They had him against a dumpster and took his phone to delete the photos. The phone was not returned to him.

He was supposed to appear in court on March 30. But a few days before that date, the charges were suddenly dropped.

“The week before the 30th, the investigator from the SPVM called me and he told me not to present myself,” Dugrenier said. “He didn’t say why. He just told me not to come, [the charges] were cancelled.”

His lawyer, Arij Riahi, went to the municipal court on March 29 to check Dugrenier’s case, but it was not in the court files. She returned the next day, and found that no file had ever been created for the case.

“The charges were dropped before the process was actually initiated,” said Riahi. For this reason, “no one has to vouch for the charges being dropped.”

Under section 423.1 of the criminal code, the charge was “intimidation of a justice system participant.” This law prohibits behavior intended to provoke a state of fear in police officers and prevents them from doing their duties.

“I thought I was going to die, I couldn’t breathe,” said Dugrenier in interview with The Link shortly after the arrest. “They were just searching me for my phone.”

Dugrenier also said that the police never showed him their badges, despite his requests to do so. Article 5.2 of the Code de déontologie des policiers du Québec, which governs police conduct, states an officer can’t refuse to identify themselves when asked for official documents.

Dugrenier was jailed for the night, and signed a promise to appear in court. He was also given a $640 fine for breaking the city’s P-6 bylaw. He has contested the ticket.

His phone, however, has still not been returned. Riahi said she could not comment about this issue right now.

Since the case has been dropped, Dugrenier is not sure if he plans on going after the SPVM for their conduct.

According to Riahi, Dugrenier has a right to file a complaint to hold the police accountable for their actions.

“It would be his way to tell his version of what happened in the streets at that moment,” Riahi said.