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

February 8, 2010

The Complaint

On March 16, 2005, Mr. A was a passenger in a vehicle in Alberta. Constable C of the RCMP Detachment attempted to stop the vehicle, but its driver initially refused. When the vehicle did come to a stop, Mr. A left the vehicle and began to run while Constable C instructed him to stop. Eventually, Mr. A was tackled to the ground by Constable C, who subsequently punched him in the face in an effort to subdue him. Constable B attended the scene shortly thereafter, and proceeded to strike Mr. A several times. Mr. A was restrained, arrested for failing to remain at the scene of a vehicle stop, and placed in a police vehicle, and driven to the a hospital. He was found to have a tear in his lung due to a broken clavicle, and a bruised eye and nose.

On April 10, 2007, Mr. A, by way of counsel, complained directly to the RCMP regarding the actions of Constable B and Constable C. He alleged that the members subjected him to unnecessary and excessive force.

The RCMP's Final Report

Following its investigation, the RCMP provided Mr. A with its Final Report dated January 15, 2009 that did not support the allegations made in his complaint. The Commission received a request for review on February 19, 2009, and it received the materials related to this complaint from the RCMP on April 1, 2009. On April 14, 2009, the Commission requested additional relevant materials relating to this file. The additional materials were received on June 24, 2009.

The Commission's Review and Interim Report

On July 16, 2009, the Commission concluded in its Interim Report that while the force used by Constable C was reasonable, the force used by Constable B was not, as it was disproportionate in the circumstances. The Commission recommended that a senior officer review with Constable B the need to constantly assess all situations in light of the RCMP's Incident Management/Intervention Model.

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 January 11, 2010, the Commission received the RCMP Commissioner's Notice. Acting Commissioner Sweeney agreed with the Commission's finding in respect of Constable C, but disagreed with both its finding and recommendation in respect of Constable B. Acting Commissioner Sweeney concluded that given Constable B's prior knowledge of Mr. A and his contemporaneous observations, it was possible to reasonably conclude that Constable B had deemed the force used necessary in light of the difficulties experienced by Constable C in gaining Mr. A's compliance. Acting Commissioner Sweeney stated: "[A] more forceful intervention than simply restraining Mr. A's legs was reasonable, justifiable and necessary."

While the Acting Commissioner rejected the Commission's reasoning in this instance, I nonetheless reiterate the Commission's findings and recommendation.

The Commission's Findings and Recommendations

Recommendation: That a senior officer review with Constable B the need to constantly assess all situations in light of the RCMP's Incident Management/Intervention Model.

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.

Ian McPhail, Q.C.
Chair