Chair's Final Report after Commissioner's Notice – Incident Related to Excessive Use of Force

RCMP Act Subsection 45.46(3)

Vetted version for posting

August 5, 2009

The Complaint

On the evening of November 16, 2006, four members of the La Loche RCMP Detachment in Saskatchewan received information that the complainant, Mr. A, was drinking at a local bar. Mr. A was wanted for assault causing bodily harm with respect to an incident with his former girlfriend during the previous week. Constables B, C and D and Corporal E attended the bar where they located Mr. A and advised him he was under arrest. A struggle ensued between all four members and Mr. A. He was eventually handcuffed and escorted to the police vehicle outside. Mr. A was then transported to the La Loche Detachment and at approximately 10:17 p.m., he was lodged in cells.

Upon entering the cell with the four members, Mr. A was placed on his stomach and while still handcuffed, he was searched and his outer clothes and shoes were removed. Mr. A was then left in the cells. Approximately one hour later, Mr. A attempted to choke himself with a piece of cloth that he had torn from his shirt. The members re-entered the cell, cut the piece of cloth from Mr. A's neck and removed all his clothing. A short time later, Mr. A was observed hitting his head on the toilet seat in the cell. Mr. A was then placed in a restraint chair for over two hours.

On November 20, 2006, Mr. A pled guilty to break and enter, uttering threats (in relation to the November 8, 2006 incident), resisting arrest and assaulting a peace officer (in relation to his arrest on November 16, 2006) and was sentenced to three years in jail.

On June 22, 2007, the Federation of Saskatchewan Indian Nations lodged a complaint with the RCMP on Mr. A's behalf alleging that the four members used excessive force when arresting him and in the cell block area to keep him under control. In his complaint, Mr. A alleges that the conducted energy weapon (CEW) was used on him twice during his arrest and that when he was placed in cells, the members beat him and used the CEW on him three more times while he was still handcuffed.

The RCMP's Final Report

After examining the complaint, the RCMP provided its Final Report, dated March 25, 2008, which did not support the allegations. The RCMP concluded that the members' use of force was justified, and noted that Saskatchewan Justice Public Prosecution Branch had not recommended any charges be brought against the members.

The Commission's Review and Interim Report

On January 30, 2009, I concluded in my Interim Report that it was reasonable to apply the CEW to Mr. A during his arrest in the bar and when he was being placed in the police vehicle, that there was inconclusive evidence to support Mr. A's allegation that the CEW was used on him when he was lodged in the cells, and that the initial use of the restraint chair was reasonable. I also concluded that the length of time that Mr. A was kept in the restraint chair was excessive and not in compliance with RCMP policy and that the public complaint investigation was inadequate.

I recommended that the members of the La Loche RCMP Detachment be provided with operational guidance with respect to the appropriate reporting of CEW usage and training with respect to the proper use of the restraint chair, that those members be reminded of RCMP policy dictating the circumstances that permit its use, that the RCMP Policy Centre responsible for compliance with the CEW reporting policy examine such reporting procedures at the La Loche RCMP Detachment, and that the members involved in this matter be reminded of the imperative of making detailed contemporaneous notes. I also recommended that the Commissioner remind members of the importance of the public complaint process and the integral role that members play in that process, and of the need to maintain high investigative standards to ensure the effectiveness and credibility of the public complaint process.

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 my Interim Report.

On July 30, 2009, the Commission received the Commissioner's Notice. The Commissioner agreed that it was reasonable and consistent with RCMP policy for the members to deploy the CEW in the bar and at the police vehicle, that there was insufficient evidence to establish that the CEW was used on Mr. A in cells, and that the initial use of the restraint chair was reasonable. The Commissioner also agreed that the length of time Mr. A was kept in the restraint chair was excessive and contrary to RCMP policy, and added in response to an observation in my Interim Report that the quality of the subject members' notebook entries was generally insufficient in the circumstances. Finally, the Commissioner agreed that the public complaint investigator did not conduct an adequate investigation because he failed to request relevant information.

The Commissioner agreed with all of my recommendations and directed that they be implemented.

Despite his agreement with my recommendations, the Commissioner took issue with my use of the word "vigorously" to indicate the manner in which the members should have been questioned on their inconsistent accounts of the relevant events. However, the Commissioner agreed that the members should have been asked to explain their accounts. With respect, the word "vigorously" as used in my Interim Report was not meant to prescribe a particular style of questioning or to endorse increased aggression. Rather, it served to underline the effort required in investigating public complaints. As I stated in my Interim Report, it is imperative that the investigation of public complaints be held to the highest standard, as are criminal investigations, to ensure the legitimacy of the current public complaint investigation framework.

The Commission's Findings and Recommendations

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