Chair's Final Report After Commissioner's Notice – Incident Related to Improper Arrest and Improper Attitude

RCMP Act Subsection 45.46(3)

Vetted version for posting

January 13, 2009

The Complaint

On April 28, 2007, Constable E of an RCMP detachment in British Columbia responded to a request by Ms. A's estranged husband, Mr. B, to keep the peace while he attended the matrimonial home to collect some of his personal belongings. Ms. A was living in the matrimonial home at the time. Upon arriving at the residence, there was a heated verbal exchange between Ms. A and Mr. B. Ms. A began to close the door on Constable E's foot, which was in the doorway. During an exchange between Constable E and Ms. A, Mr. B pushed his way in the door. Ms. A pushed him, and Constable E arrested her for breach of the peace. Constable E placed Ms. A in the rear of her police vehicle while Mr. B collected his personal belongings. Mr. B loaded two pickup trucks and a trailer with items, spending two hours at the home.

On July 30, 2007, Ms. A complained to the Commission for Public Complaints Against the RCMP (the Commission) essentially alleging that Constable E improperly arrested her for breach of the peace and displayed bias in her dealings with Ms. A.

The RCMP's Final Report

Following its investigation, the RCMP provided its Final Report dated April 16, 2008, which did not support the allegations. The RCMP took the position that Constable E was legitimately dealing with a request from a member of the public to keep the peace and that after Ms. A's aggressive behaviour, "the officer's [sic] were required to prevent further violence and any further breaches of the peace. They were obligated to act and were justified in arresting [Ms. A] [...]."

The Commission's Review and Interim Report

On September 4, 2008, the Commission concluded in its Interim Report that:

1. Constable E became overly involved in a non-emergency matrimonial dispute.
2. Constable E improperly arrested Ms. A for breach of the peace.
3. Ms. A.B. should have been released once the need for detention no longer existed, in accordance with RCMP policy.
4. Constable E was not biased in her dealings with Ms. A.

The Commission recommended that a senior member of the RCMP apologize to Ms. A for the fact that she was improperly arrested for breach of the peace and detained for two hours and was not released once the need for detention no longer existed.

The Commission also noted that the Commissioner of the RCMP had previously commented that, given the number of civil-related disputes that result in calls to the RCMP, relevant operational policy guidelines need to be established to provide guidance to members under these circumstances. The Commission called for this to be done on a priority basis.

The Commissioner's Notice

Pursuant to subsection 45.46(2) of the RCMP Act, the Commissioner is required to provide written notification of any further action that has been or will be taken in light of the findings and recommendations contained in the Interim Report.

On January 12, 2009, the Commission received the Commissioner's Notice. The Commissioner agreed with the Commission's recommendation that a senior member of the RCMP apologize to Ms. A. The Commissioner also stated that the recommended policy had been drafted.

The Commission's Findings and Recommendation

Recommendation: That a senior member of the RCMP apologize to Ms. A. for the fact that she was improperly arrested for breach of peace and detained for two hours and was not released once the need for detention no longer existed.

Pursuant to subsection 45.46(3) of the RCMP Act, I respectfully submit my Final Report and, accordingly, the Commission's mandate in this matter is ended.

_____________________
Paul E. Kennedy
Chair