Quebec police chief cleared in breach of trust case

A police chiefon Quebec's South Shore has been found not guilty of breach of trust forordering a secondinvestigation that cleared his daughter ofblamefor a car accident.

The Supreme Court of Canada ruled Thursday that Denis Boulanger did not abuse his position for his own gain.

Boulanger, the chief of the Varennes Public Security Service,was initially convicted in a Quebec court of misusing his position after his daughter was in a car accident.

When Boulanger's daughter crashed his car, aninitial police report determined thatshe was at fault.

In his capacity as police chief, Boulanger ordered a second investigation, which determined that his daughter was not at fault in the crash.

That decision landed Boulanger inQuebec Superior Court, where a trial judge found him guilty of using his position for his own gain. Boulanger appealed the ruling to the Court of Appeal of Quebec, whereit was upheld.

However, in a 7-0 decision Thursday,the Supreme Court of Canada overturned the conviction. As public security chief, thedecision said, Boulangerwaswithin his rights to ask for a second investigation of any accident, even one involving a family member.

The court also concluded thatthe police officer who carried out the second investigation did not falsify it in any way.

Had his daughter been found responsible for the car accident, Boulanger would have had to pay the insurance company $250.

The ruling appears to tighten the legal definition of breach of trust, making it harder to get criminal convictions against politicians or public servants charged with corrupt conduct.

The court ruled, in effect, that not every action that raises ethical questions is necessarily illegal.

The decision marks the first time the Supreme Court has laid down a detailed definition of breach of trust under Criminal Code provisions that have been on the books since 1893.