Chair's Final Report After Commissioner's Notice – Incident Related to Improper Arrest, Excessive Use of Force and Neglect of Duty
RCMP Act Subsection 45.46(3)
Vetted version for posting
October 28, 2009
The Complaint
On August 15, 2007, Mr. H and Mr. J, two by-law officers employed by the Regional Municipality of Wood Buffalo, Alberta attended Mrs. A's residence following a complaint concerning a noxious smell coming from an outdoor fire pit located in the yard of the home. Upon their attendance, Mr. H and Mr. J observed smoke emanating from an unattended and unprotected fire pit. Mrs. A's husband, B, met the by-law officers and began videotaping them as they examined the fire pit. Mr. B was asked to identify himself numerous times, but failed to do so.
As they could not identify Mr. B, the officers requested the assistance of the Wood Buffalo RCMP Detachment and the local fire department. Shortly after, six individuals from the fire department attended, but by that time, Mr. B had extinguished the fire with a garden hose. The attending fire department personnel asked for Mr. B's name but he did not provide it.
Constable D.G. and Corporal T.J. attended the residence shortly thereafter in response to the request for assistance from the by-law officers. After a short discussion, both members approached Mr. B, who was videotaping the incident from the front yard of the home, and asked him to stop recording the members. When he refused, Constable D.G. grabbed the camera and a struggle ensued with Mr. B being brought to the ground and placed under arrest for obstructing a police officer. He was then handcuffed and brought to the Wood Buffalo RCMP Detachment.
On September 6, 2007, Mr. B's counsel, Mr. C, complained to the Wood Buffalo RCMP Detachment and alleged that Constable D.G. had assaulted his client, that she had improperly arrested him, and that she had used excessive force to effect the arrest. Mr. B made additional allegations against members of the Wood Buffalo RCMP Detachment and stated, among other things, that he was mistreated while he was in the RCMP's custody.
The RCMP's Final Report
Following its investigation, the RCMP provided Mr. B's with its Final Report dated May 22, 2008 that did not support any of the allegations made in the complaint. The Commission received a request for review on October 20, 2008, and it received the materials related to this complaint from the RCMP on October 30, 2008.
The Commission's Review and Interim Report
On February 9, 2009, the Commission concluded in its Interim Report that Mr. B's arrest was improper and that the RCMP used improper force against him during his arrest and while in the cell block of the detachment; that the Wood Buffalo RCMP Detachment failed to provide materials relevant to the complaint; and that the public complaint investigation was inadequate.
The Commission recommended that Constable D.G. receive refresher training; that the Wood Buffalo RCMP Detachment be directed to treat cell block videos as evidence where relevant; and that steps be taken to enhance member understanding of the importance of the public complaint process and need for high investigative standards.
The RCMP 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 October 20, 2009, the Commission received the RCMP Commissioner's Notice. Acting Commissioner Sweeney agreed to act upon all of the Commission's recommendations.
The Commission's Findings and Recommendations
Findings
- 1) Constable D.G.'s arrest of Mr. B was improper. Given that the arrest was improper, the force used to effect the arrest was also improper.
- 2) The Wood Buffalo RCMP Detachment failed to provide the Commission with all materials relevant to Mrs. A's complaint.
- 3) Mr. B was unnecessarily subjected to an arm restraint while he was in the cell block area of the detachment.
- 4) Based on the foregoing, I conclude that the public complaint investigation conducted in this instance was inadequate. Consequently, there is insufficient evidence to determine whether or not unidentified members of the Wood Buffalo RCMP Detachment acted improperly during Mr. B's detention.
Recommendations
- 1) That Constable D.G. be provided with refresher training on the required legal elements when arresting an individual on the grounds of obstructing a police officer.
- 2) That the Commissioner direct the Wood Buffalo RCMP Detachment to treat cell block videos as exhibits when they may provide evidence regarding public complaints made under Part VII of the RCMP Act.
- 3) That the Commissioner take steps to 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.
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.
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Paul E. Kennedy
Chair