Chair's Final Report After Commissioner's Notice – Incident Related to Neglect of Duty, Improper Attitude, Excessive Use of Force and Improper Arrest
RCMP Act Subsection 45.46(3)
Vetted version for posting
May 2, 2009
The Complaint
On May 4, 2007, the Shawnigan Lake RCMP Detachment in British Columbia received a call about a suspected impaired driver. The vehicle stopped at a pub, and a detailed description of the driver was provided to Constables B and C, who later attended the location. The driver, subsequently identified as Mr. D, exited his vehicle and entered the Pub. The complainant, Mr. A, stayed in the passenger side of the vehicle. Constable B went inside the Pub to ascertain Mr. D's physical condition. He was satisfied Mr. D was intoxicated and arrested him for being drunk in a public place. Meanwhile, Constable C approached the vehicle and, after a short exchange with Mr. A, arrested him for obstructing a peace officer.
On June 13, 2007, Mr. A complained to the Commission for Public Complaints Against the RCMP (the Commission) and alleged that Constable B failed to provide medical attention to Mr. D when arresting him. Mr. A also complained that Constable C used derogatory language and excessive force and improperly arrested him and humiliated him during his arrest.
The RCMP's Final Report
On February 4, 2008, the RCMP provided Mr. A with its Final Report and concluded that his allegations were unsubstantiated.
The Commission's Review and Interim Report
On June 17, 2008, I concluded in my Interim Report that, among other things, Constable C did not have the grounds to arrest the complainant for obstructing a police officer and that her subsequent use of force against Mr. A was therefore excessive.
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 January 29, 2009, the Commission received the Commissioner's Notice. The Commissioner agreed with my findings and recommendations.
The Commission's Findings and Recommendations
Findings
- 1) Constable B reasonably concluded that Mr. D did not require medical attention.
- 2) Constable C did not have grounds to arrest the complainant for obstructing a police officer.
- 3) Constable C's subsequent use of force against Mr. A was therefore improper.
- 4) Constable C did not defame the complainant's character.
- 5) I cannot make a determination either way as to whether Constable C swore at the complainant when she arrested him.
Recommendations
- 1) That Constable C apologize to the complainant for his improper arrest. In the event that Constable C is unable to do so, then I recommend that the RCMP provide an apology to the complainant on her behalf.
- 2) That Constable C be provided with refresher training and reminded of the legal grounds that are required in order to arrest an individual for obstructing a police officer.
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