The Second Report

The Accused was the director of public security, in effect the police chief, of a Quebec municipality. His daughter was involved in a car accident. The officer who attended prepared the usual report. The Accused then asked that officer to prepare a second, more complete accident report. The supplementary report concluded that his daughter had not been at fault. As a result the Accused did not have to pay his insurance deductible of $250. He was charged with breach of trust by a public officer under s. 122 of the Criminal Code. The trial judge found that the second report accorded with the preponderance of the evidence about the accident, that it was not falsified, and that the Accused had not asked for it in order to mislead the insurance company. The Crown's position was that none of that mattered: he had used his office to obtain a personal benefit, contrary to the police code of ethics that required him to perform his duties disinterestedly.