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Montreal cop made up reason to ticket man who sued him, ethics committee says

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The committee upheld two complaints against since-retired police officer Jean-François Bigras for a 2018 highway traffic stop.

Author of the article:

Jesse Feith[4]  •  Montreal Gazette

Published Sep 14, 2023  •  Last updated 3 hours ago  •  3 minute read

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A white, unmarked Montreal police car.
A Montreal police car. Photo by Marco Campanozzi /Montreal Gazette

After realizing the person he pulled over was the same man who had previously sued him, a Montreal police officer made up a reason to give him an additional ticket, Quebec’s police ethics committee has ruled.

In a recent decision, the ethics committee[6] upheld two complaints against since-retired police officer Jean-François Bigras for a highway traffic stop performed in 2018.

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While Bigras had stopped the driver for speeding, he also issued him a ticket for overtaking someone on the right — an infraction Bigras knew hadn’t been committed, the committee ruled, and one video evidence later disproved.

“The committee is of the opinion the officer formulated the reason for the second offence only after he realized who was driving the vehicle,” the ruling states.

The traffic stop at the heart of the case took place near Metropolitan Blvd. in Montreal’s St-Léonard borough.

Bigras pulled over the driver, Simon Lévesque, for going 71 km/h on the service road, where the limit is 50 km/h.

But it was only when Lévesque handed over his documents, the ruling states, that Bigras realized who he was: In a case that was ultimately dismissed, Lévesque had sued Bigras a year earlier over abuse of power.

Though he didn’t deny speeding, Lévesque filed an ethics complaint because he felt the second ticket for overtaking someone was an “act of revenge” after Bigras recognized him.

Lévesque explained that when Bigras first approached his vehicle, the officer told him he was being pulled over for speeding, but made no mention of him overtaking someone.

Montreal Gazette

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Once he handed over his documents, Lévesque said, Bigras responded: “Ah well, Mr. Lévesque” in a mocking tone. He returned 15 to 20 minutes later with the two tickets.

Dashcam footage from Lévesque’s car showed that, just before being intercepted by Bigras, Lévesque had overtaken another car. But he had done so using the left lane, not the right.

Furthermore, the committee ruled, despite his radar capturing Lévesque going 71 km/h, Bigras wrote in the ticket that Lévesque sped up above 80 km/h to pass someone before “violently” returning to his lane.

The committee described Bigras’s version of events as implausible and ruled he came up with it after recognizing Lévesque.

“The statement of offence for overtaking on the right was issued without justification,” the ruling states, “and with Officer Bigras’s full knowledge that the offence had not been committed.”

The committee also upheld a complaint against Bigras over the way he pulled over Lévesque.

According to the decision, Bigras crossed over two lanes to intercept Lévesque in the third lane at a steep angle. Lévesque had to quickly brake to avoid a collision.

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An expert testified the manoeuvre was especially dangerous since Bigras was driving a white, semi-unmarked police vehicle[7] that day.

“Bigras was fortunate not to cause an accident or injuries,” the ruling says. “But the absence of an accident cannot justify his use of a dangerous technique.”

In the case that led to the lawsuit a year earlier, Lévesque witnessed Bigras perform what he deemed a dangerous interception in the same area.

While Bigras was issuing a speeding ticket, Lévesque pulled up behind him to complain that he nearly caused an accident.

Lévesque left without identifying himself, but later received a ticket for parking in a no-stopping zone. He brought Bigras to court over the ticket, arguing it was an abuse of power and seeking $1,275 in damages. A Quebec Court judge dismissed the claim.

Before the ethics hearings began in June, Bigras’s lawyer informed the committee she no longer represented him and he didn’t intend to participate in the process.

Bigras was served a notice by a bailiff but didn’t show up for the proceedings, the ruling notes. Arguments on sanctions were heard this week and a decision will be rendered at a later date.

Contacted for this story, the Montreal police department declined to comment on the decision beyond noting active or retired police officers have 30 days to appeal ethics committee decisions.

[email protected][8]

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    References

    1. ^ News (montrealgazette.com)
    2. ^ Local News (montrealgazette.com)
    3. ^ Crime (montrealgazette.com)
    4. ^ Jesse Feith (montrealgazette.com)
    5. ^ Join the conversation (montrealgazette.com)
    6. ^ ethics committee (montrealgazette.com)
    7. ^ semi-unmarked police vehicle (montrealgazette.com)
    8. ^ [email protected] (montrealgazette.com)
    9. ^ Mascouche man was victim of racial profiling, police ethics committee rules (montrealgazette.com)
    10. ^ Two Montreal police officers suspended over dental-fee dispute (montrealgazette.com)
    11. ^ Judgment missed the point, woman says after St-Eustache police cleared of profiling (montrealgazette.com)
    12. ^ Community Guidelines (montrealgazette.com)
    13. ^ email settings (montrealgazette.com)

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