RCMP clashes with its watchdog over Mountie's decision to Taser a veteran with a medical implant
Case raises questions about the process meant to keep Mounties accountable
After years of back-and-forth with the RCMP, the Civilian Review and Complaints Commission for the RCMP has completed its investigation and is calling out what it sees as an unjustified, warrantless entry and premature use of a Taser.
RCMP Commissioner Brenda Lucki has rejected those findings, arguing her members' safety was at risk.
Bruce Webb, the man at the centre of the case, said that he doesn't see the CRCC's decision to side with him as a victory.
"Nothing is changing," he told CBC.
His case dates back to early 2016 in Nova Scotia, when he and his partner were attempting to convert the Purple Leprechaun Roadhouse in Lunenburg County, N.S. into a lounge. Neighbours opposed the zoning application.
A copy of CRCC chairperson Michelaine Lahaie's final report was released to CBC through an access to information request. Webb, formerly of Nova Scotia, confirmed that it's his matter.
According to the CRCC report, Webb at one point placed a speaker outside the roadhouse and played loud music throughout the day, accumulating noise complaints.
The Mounties were called in and eventually disconnected the speaker and seized it.
That further aggravated Webb, a veteran of the armed forces, who then called 911 six times accusing the RCMP of stealing his property, says the report. He and his partner also had an apartment in the roadhouse building.
Webb told the 911 dispatcher he felt he had been "judged by a stormtrooper in police wardrobe."
During another one of those calls, says the report, Webb asked if there was an emergency line veterans can call when in a state of panic.
Three RCMP officers were then deployed back to the Purple Leprechaun Roadhouse just before midnight on Feb. 28.
'If you Tase me, I may die'
According to the report, the officers peered through a glass door and observed Webb pacing while on the phone, gesturing for them to go away.
The watchdog's report says RCMP Const. Mark Thomaes pulled the restaurant door until the doorframe dislodged, then forced the door open.
The CRCC's investigators reviewed video footage from inside the Purple Leprechaun from three different angles. CBC Nova Scotia conducted its own inquiries at the time of the incident and also obtained a copy of the surveillance footage.
The surveillance video shows Thomaes throwing Webb's phone on the ground before grabbing Webb behind the neck and yelling for him to "get down on the ground."
In the video, Webb is seen swiping back, hitting Thomaes in the head.
RCMP Commissioner Brenda Lucki has rejected the CRCC's findings, arguing her members' safety was at risk. (Adrian Wyld/The Canadian Press)
Webb then falls to the ground and recovers in a sitting position.
The CRCC report says that at that point, Thomaes drew his conducted energy weapon (CEW)— commonly referred to as a Taser — and pointed it at Webb's chest.
Webb is heard on the video saying, "If you Tase me, I may die," and telling the officers he has a medical implant.
Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spinal cord to relieve a chronic leg injury.
The video then shows constables Adam Chapman and Chad Burridge walking into the shot and attempting to handcuff Webb, who struggles against them.
The report says that a few seconds after that point, Thomaes asked his fellow officers to back away. Webb, wearing one handcuff, can be seen on the video trying to inch away from the officers.
The video then shows Thomaes deploying the Taser and Webb falling to his right side. Chapman and Burridge then move in and secure both handcuffs.
CRCC says Mounties' entry was unjustified
The Nova Scotia Serious Incident Response Team, which is called in when someone is seriously injured or killed during police action, ruled that RCMP officers were justified in entering Webb's home without a warrant and using force.
Lucki also has argued her officers were acting reasonably, were responding to someone in distress and were concerned about their own safety.
But the CRCC took an entirely different view.
For starters, the commission concluded the three officers unreasonably entered Webb's home.
The three responding officers said they had grounds to arrest Webb under Nova Scotia's Involuntary Psychiatric Treatment Act — but the CRCC concluded that the case warranted a wellness check "at best."
"No reasonable rounds have been provided to suggest that [Webb] was suffering from a mental disorder," says the watchdog report.
The CRCC also said the officers didn't follow proper procedure.
Michelaine Lahaie, chair of the Civilian Review and Complaints Commission for the RCMP. (Andrew Vaughan/The Canadian Press)
The Involuntary Psychiatric Treatment Act requires that police be satisfied that the individual would not consent to a medical examination before entry. But the CRCC report points out that Webb expressly asked to be connected to a veteran's assistance line.
The three Mounties also did not have Webb assessed by a physician for any mental health concerns — as required by the act — and initially planned to take him straight into custody, says the report.
As Lahaie points out in her final report, it was the paramedics who insisted Webb be transported to the hospital after getting hit in the chest by the electric current. Her report says he was never assessed for mental health concerns.
In a letter from Lucki to Lahaie, attached as part of the CRCC report, the top Mountie rejected the CRCC's findings and argued the attending members had "duties to protect life and prevent serious injury."
RCMP argues officer safety was at risk
Lucki and the CRCC also disagree over whether the use of a Taser was reasonable.
The CRCC ruled that Thomaes "did not attempt to de-escalate the situation before deploying the CEW."
His use of a Taser "was premature and objectively unreasonable," says the CRCC report.
The watchdog found that while Webb was non-compliant, the officer was yelling commands without explaining why police were there.
Lahaie wrote that Webb was seated on the floor and backing away, limiting his ability to harm the three RCMP officers.
She also said none of the officers attempted to use de-escalation techniques, as required by the RCMP's own national policy.
Lucki argued Webb had struck Thomaes already and had a loose handcuff around his wrist. She argued it created an unpredictable situation and force was warranted.
"De-escalation is an important consideration but it must be balanced with officer safety," Lucki wrote in her letter to Lahaie.
The CRCC report says that response "only scratches the surface and fails to take a more nuanced approach to the application of force and the reasons for it."
Lahaie surmised that the responding officers likely were frustrated and irritated with Webb's behaviour before their visit and had decided already to arrest him before they got to the scene.
As a Canadian citizen, [Webb] is afforded a number of rights, including the right not to be subjected to unreasonable force at the hands of the RCMP
- CRCC report
In a radio communication reviewed by the CRCC, an unidentified Mountie is heard saying, "They're going to make the decision, going to go into the house and arrest [Webb] under the involuntary mental health act."
"The commission does not dispute that members of the RCMP may use force for reasons of officer safety in accordance with the IPTA [Involuntary Psychiatric Treatment Act]," says the CRCC report.
"However, it fails to understand how the level of force used by Constable Thomaes upon entry can be considered reasonable when Constable Thomaes's only concern at that point in time should have been the physical and mental welfare of [Webb]."
The report goes on to say that Thomaes "was angry and upset, and that he aggressively subdued [Webb] in the quickest way possible."
'I was abused, mishandled, mistreated'
The CRCC report makes it clear that Webb was no angel. It calls his behaviour toward RCMP members, 911 emergency dispatchers and his own neighbours "objectionable and unnecessary."
"Regardless, as a Canadian citizen, [Webb] is afforded a number of rights, including the right not to be subjected to unreasonable force at the hands of the RCMP," says the report.
The CRCC report makes three recommendations, all redacted.
Lucki wrote to the CRCC that she doesn't support the recommendations and won't implement them.
Years after the initial incident, Webb said he's still tormented by what happened that night.
"I was abused, mishandled, mistreated," he said. "Middle of the night screams are a regular thing for me."
Webb also said he experienced physical pain.
"After being attacked and zapped, my implant malfunctioned, sending me to months of over-the-top pain and a surgery to repair," he said.
The watchdog has no binding powers on the RCMP, meaning Webb's matter is at a standstill.
Lawyer points to gaps in the oversight system
Tom Engel, a criminal defence lawyer in Alberta who has made a career of challenging police misconduct, said the case points to a major flaw in the oversight system.
"This once again highlights the dire need for reform of the RCMP Act to prevent the commissioner and the RCMP from ignoring decisions of the civilian oversight body," he said.
"RCMP officers who see their fellow officers commit criminal misconduct and then get away with it — that hurts the morale within the RCMP. It's bad for the reputation of the RCMP."
Lawyer Tom Engel in his office in Edmonton. Engel says Webb's case points to gaps in the oversight system. (Lost Time Media)
The Liberal government has introduced a bill that would amend the CRCC's mandate to require the RCMP commissioner to respond to reports from the watchdog within six months — addressing a long-standing complaint of critics. The RCMP has been known to take months, even years, to respond to complaints.
Meghan McDermott, staff counsel with the British Columbia Civil Liberties Association, said the legislation is a step in the right direction but it needs amendments to a make a difference.
"Just the fact that the recommendations from the oversight body should be binding. I mean, that is just such a basic expectation and requirement that I think the average person in Canada would expect," she said.
"We are deeply, deeply disappointed that we don't think it goes far enough."
McDermott and Engel said they hope Bill C-20 will get a rewrite as it makes its way through Parliament.
"When the state comes into your home, without a warrant and uses force against you, short of grievous bodily harm or death, it's hard to think of a more intrusive and rights-denying abuse of power by the state," said McDermott.
Lahaie did conclude in her report that the RCMP was justified in seizing the speakers from Webb's property.
Criminal charges against Webb were dropped. He was fined $500 under provincial law for making false and frivolous calls to emergency services, says the CRCC report.
The CRCC reviews complaints about the conduct of RCMP members, ranging from excessive force to poor attitudes. It conducts reviews when complainants are not satisfied with the RCMP's handling of their grievances. The chair can also launch independent investigations.
The RCMP did not respond to CBC's request for comment.
ABOUT THE AUTHOR
RCMP use Taser on disabled veteran with electronic surgical implant
'If you Tase me, I may die. I have an implant,' Bruce Webb told Nova Scotia RCMP in security footage
"I'm staring out the windows now. If the wind blows, I jump," says Bruce Webb, who lives with his fiancée Lori Fuller above the Purple Leprechaun Roadhouse, a restaurant she owns in Bayport, N.S.
Webb, 53, faces charges of assaulting a police officer and resisting arrest, but believes he was the victim in a late night encounter with police on Feb. 28.
Webb says when the Purple Leprechaun Roadhouse is closed, he uses the space as a living room.
He says he'd fallen asleep watching TV in an assisted-lift chair when RCMP arrived.
Video from security cameras inside the restaurant show RCMP officers banging on doors and shining lights through the windows. It was the second time that night police had been at the location.
'Lawful arrest'
Webb says after the first police visit, he'd noticed a P.A. speaker was missing from the restaurant's vestibule. He said he called 911 to inquire if police had taken it, and to ask for its return.
But RCMP spokesperson Cpl. Jennifer Clarke says it went beyond that.
"Multiple 911 calls were received from the property. Police officers attended to make a lawful arrest of that individual," she said.
Clarke says she can't elaborate on the circumstances of the arrest because the matter is before the courts.
Security video shows Webb refusing to let police in while blues music blares in the empty restaurant.
Webb tells the officer he's calling 911. The officer then forces his way in by breaking down the door. There's an immediate physical confrontation.
A screen capture from security footage in the restaurant from Feb. 28. (Bruce Webb/YouTube)
'If you Tase me, I may die'
The video shows the officer knocking a telephone out of Webb's hand. Webb then swings his right arm, in an apparent attempt to strike the officer.
The officer knocks Webb to the ground and pulls out his conductive energy weapon, known as a Taser.
"If you Tase me, I may die. I have an implant," Webb told the officer in the tape.
Webb says he was scared because of an electronic implant in his abdomen that's connected by electrodes to his spine.
The device helps mitigate severe chronic pain he suffers from a leg injury that occurred while playing sports in the military.
"I didn't know where they were going to shoot me. I didn't know anything," he said.
Webb has a medical marijuana licence, and his cannabis prescription is paid for by Veterans Canada. Webb also says Veterans Affairs paid to install a two-storey lift to help him reach the second-floor apartment where he lives.
He says his disability means he's no risk to the officers. "I have chronic pain. I can't even sit on the floor, let alone be beat around," he said.
In the security footage, the officer continues to yell at Webb as he sits on the floor in front of him, telling him to lay flat on his stomach as two more RCMP members enter.
Officer blocks video camera
One of the officers tells him he is under arrest citing "the Involuntary Psychiatric Act."
A struggle between Webb and the officers continues. As Webb backs away in a seated position, he's shot with the Taser.
"I thought my chest was going to explode. I was just expecting it go 'boom.' That's what it kind of felt like," Webb said.
The video shows Webb lying on the floor for 14 minutes with his hands cuffed behind him, moaning, shouting and weeping.
Webb says officers didn't respond to repeated requests for heart medication.
During this time, one of the officers notices one of three security cameras and twists it to face the wall.
SIRT reviewing case
The RCMP maintain officers behaved correctly throughout the arrest, including the use of a conductive energy weapon.
"What you're seeing on YouTube, the videos that are out there, they're just a small portion of their interactions with this individual," said Clarke.
Webb's fiancée, Lori Fuller, says she can hardly bear to watch the security footage.
"Of course I'd like to see all of the charges dropped. I'd like to see an apology — and I'd like to see something put into place so it can't happen again," she said.
Nova Scotia's Serious Incident Response Team is reviewing the YouTube footage to determine if an investigation of the incident is in the public interest. A decision would take several days, SIRT director Ronald MacDonald said.
Webb charged with assaulting cop
Fuller says the restaurant hasn't re-opened since the incident.
"The business is totally closed, I handed in my liquor licence and I'm not renewing my business licence," said Fuller.
Webb will appear in court April 27 for election and plea.
He has been charged with assaulting a peace officer, mischief and resisting and obstructing a peace officer.
A spokesperson for Nova Scotia Public Prosecution Service says Webb had no previous criminal record.
ABOUT THE AUTHOR
With files from Paul Palmeter and Rachel Ward
Arrest of disabled veteran didn't justify Taser use, says criminologist
Carleton University's Darryl Davies believes police used unnecessary force when arresting Bruce Webb
A criminologist says he believes police used unnecessary force when arresting a disabled veteran from Lunenburg County on Feb. 28, 2016.
Darryl Davies, a criminologist at Carleton University, says he thinks it's part of a wider problem in Canada.
"There was no justification for the officers in that situation to use a Taser," said Davies.
Bruce Webb is facing charges of resisting arrest and assaulting a police officer after an incident at his home on Feb. 28. Police say they received multiple 911 calls from the residence, which is why they went to arrest him.
'No justification for deploying the Taser'
Security video shows Webb refusing to open the door to police.
An RCMP officer forces the door open and grabs Webb by the shoulder, knocking a phone from his hand.
Webb then attempts to hit the officer.
Three officers are present when one deploys a conductive energy weapon, known as a Taser, to subdue and handcuff him.
"If a large number of policemen are present, and they could have assisted in subduing the individual and handcuffing him, there's absolutely no justification for deploying the Taser," he said.
Davies says he believes police require more training in de-escalating confrontations with the public, and using the minimum amount of force required.
"Ultimately, they have to use judgement and tact. And training is not teaching them that," he said.
Possible SIRT investigation to come
An RCMP spokesperson says the officers behaved correctly and lawfully at all times.
Cpl. Jennifer Clarke says the conductive energy weapon was deployed for the safety of both the officers and of Webb.
The province's police oversight unit, the Serious Incident Response Team, is looking into this incident to see if it falls under its public interest mandate.
SIRT will make an announcement Wednesday about whether a formal review will go ahead.
Webb will appear in court April 27 for election and plea. He has been charged with assaulting a peace officer, mischief and resisting and obstructing a peace officer.
The Nova Scotia Public Prosecution Service says Webb had no previous criminal record.
ABOUT THE AUTHOR
RCMP Taser use on veteran to be investigated by police watchdog
Video surveillance footage shows officers breaking down door, ensuing confrontation with Bruce Webb
Nova Scotia's Serious Incident Response Team is investigating the arrest of a disabled veteran in Lunenburg County who was Tasered by RCMP, an incident that was captured on video surveillance and posted to YouTube.
"I think the video does demonstrate issues," said Ron MacDonald, the director of SIRT, an independent body that investigates all serious incidents arising from police action.
"Issues surrounding the entry of the police into the premises, certainly issues surrounding the arrest and the grounds for the arrest, and the issues surrounding the use of the Taser.
"We certainly haven't reached any conclusions, but those are avenues where our investigation will focus."
Bruce Webb, a veteran of the Canadian air force, was arrested after a late night encounter with the RCMP on Feb. 28 after officers arrived at the Purple Leprechaun Roadhouse in Bayport, N.S.
The restaurant is owned by Webb's fiancée. The pair live above it and Webb uses the space as his living room after hours.
Video footage
It was the second time police had gone to the restaurant that night. Video from security cameras show RCMP breaking down the door of the building and having a confrontation with Webb. He takes a swing at an officer and is then knocked down.
The officer takes out his Taser and Webb tells him: "If you Tase me I may die. I have an implant."
Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spine. It helps mitigate chronic pain from a leg injury he has from playing sports in the military.
One of the officers is heard on tape telling Webb he is under arrest, citing "the Involuntary Psychiatric Act." After a further struggle with police Webb is hit with the Taser.
Webb has been charged with assaulting a police officer and resisting arrest.
RCMP have said there were "multiple 911 calls" from the property and officers went to arrest the man. But police said they will not elaborate on the circumstances surrounding the arrest because Webb's case is before the courts.
SIRT looking for answers
MacDonald said his team will bring an "objective lens" to the investigation and then report its conclusions publicly.
SIRT is in the process of gathering evidence in its investigation. MacDonald said his team will talk to witnesses, collect 911 calls, and try to determine if there is any additional video footage.
"We want to get as much, and all of the information and then make our conclusions."
MacDonald said as far as he knows no other police organizations are investigating the incident.
"At this point though with us taking over jurisdiction, anything such as that will await the outcome of our investigation."
He estimates it will take at least a few months for the investigation to be concluded.
Police watchdog finds no wrongdoing after RCMP use Taser on veteran
Report describes complainant playing loud music, calling 911 frequently, talking about "stormtroopers"
The province's Serious Incident Response Team (SIRT) has determined RCMP didn't do anything wrong when they used a Taser on a disabled Lunenburg County veteran.
SIRT is responsible for investigating serious events involving police in Nova Scotia. It started its investigation after CBC News featured a story about Bruce Webb of Bayport, N.S., which contained a video of RCMP use a Taser on him.
The incident occurred not long after Webb and his fiancée applied to have their restaurant, the Purple Leprechaun Roadhouse, turned into a lounge. The application, which asked for a zoning variation, was opposed by people living nearby.
In retaliation, Webb allegedly played loud music from the business all day on Feb. 27 and Feb. 28, the SIRT report said.
Neighbours called police to complain. RCMP officers went to the house both evenings, disconnecting an outside speaker and seizing it as evidence. SIRT said Webb was uncooperative with police the first night and refused to speak or meet with the RCMP the second night.
Frequent 911 calls
Webb then began calling 911 to complain about the "theft" of his speaker. During the frequent calls, he said he was a veteran in need of assistance, and reported seeing "stormtroopers in police uniforms."
Based on his strange behaviour and his uncooperative attitude, officers felt they had grounds to take Webb into custody under the provisions of the Involuntary Psychiatric Treatment Act.
Webb was in the Purple Leprechaun Roadhouse when police arrived to take him into custody.
He and his fiancée live above the restaurant and Webb uses the space as his living room after hours.
Once inside the building SIRT said Webb resisted attempts to place him in custody. Rather than use additional physical force, officers decided to use a Taser to subdue Webb. He was then taken for medical assistance.
The SIRT investigation determined force used in this case was reasonable and as a result, there are no grounds for charges against any police officer.
Video footage
Video from security cameras show RCMP breaking down the door of the building and having a confrontation with Webb. He takes a swing at an officer and is then knocked down.
The officer takes out his Taser and Webb tells him: "If you Tase me I may die. I have an implant."
Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spine. It helps mitigate chronic pain from a leg injury he sustained while playing sports in the military.
One of the officers is heard on tape telling Webb he is under arrest, citing "the Involuntary Psychiatric Act." After a further struggle with police, a Taser is used on the man.
Webb has been charged with assaulting a police officer and resisting arrest.
Feds to pay for military vets' medical marijuana
OTTAWA - The military may strictly forbid marijuana use by its soldiers, but the federal government has decided to pay for medical cannabis for some veterans.
Veterans Affairs has reversed a previous ban, now saying it "may provide payment in relation to the associated costs of medically required marijuana to clients who have qualified."
Payments can be made only to veterans licensed by Health Canada to possess medical marijuana, and who buy government-certified cannabis produced on contract by a firm in Flin Flon, Man.
The policy change was approved last October, but is only now being communicated to veterans who require the product for pain management and other severe medical conditions.
About eight veterans licensed by Health Canada are having their medical marijuana bills picked up by taxpayers, said Janice Summerby, spokeswoman for Veterans Affairs.
She was unable to say immediately how much the new policy was costing the department.
"These guys (the federal government) want to stand up for veterans' rights," said Bruce Webb, a Comox, B.C., veteran who successfully pressed Veterans Affairs Minister Greg Thompson for the about-face.
"They want to help."
Webb, a former air force corporal who received a medical discharge in 2002, said the new payment policy will cover the $490 monthly cannabis bill he faces while struggling on a disability pension.
He could not afford the cost of his daily three-gram marijuana medication, but now is renewing his expired Health Canada licence to take advantage of the payment program.
Webb, 46, said he learned of the change in a letter from Thompson last week, and is trying to get the word out to hundred of veterans he says could benefit.
Veterans Affairs has previously paid the costs of some synthetic forms of cannabis that have been certified as prescription drugs in Canada.
The Health Canada-approved marijuana, currently produced on contract by Prairie Plant Systems Inc., has been criticized as too weak and dry by some users.
But Webb praised the product, saying it makes an "amazing difference" in controlling pain caused by his sports injury from 1999.
Health Canada has been forced by a series of court decisions this decade to set up a program to license medical marijuana users, and to provide government-certified dope to users at a cost.
Patients have also been allowed to grow medical marijuana for themselves, or have someone else grow it for them under licence.
Health Canada, which eventually wants to phase out personal production, recently lost a court case over restrictions preventing licensed growers from serving more than one patient.
Michelaine Lahaie
Michelaine Lahaie works as Chairperson for Civilian Review and Complaints Commission for the RCMP.Michelaine can be reached at 613-952-8038
- First name
- Michelaine
- Last name
- Lahaie
- Title
- Chairperson
- Telephone Number
- 613-952-8038
- Alternate Number
-
- Fax Number
- 613-952-8045
- Michelaine.Lahaie@crcc-ccetp.gc.ca
- Street Address
- P.O. Box 1722, Station B, (view on map)
- Country
- Canada
- Province
- Ontario
- City
- Ottawa
- Postal Code
- K1P 0B3
- Department
- CRCC-CCETP
-
- Civilian Review and Complaints Commission for the RCMP
- Organization
- CHAIR-PRES
-
- Chair's Office
Automatic reply: Rotten Ralphy Goodale asked Franky Boy McKenna to help pick the next boss of the RCMP Now that is truly funny EH Willy Amos and Won Kim? |
Thursday, 5 July 2018
Ian McPhail, chairman of the Civilian Review and Complaints Commission
for the RCMP, has left the post to resume his law practice
---------- Original message ----------
From: PCC Complaints <complaints@cpc-cpp.gc.ca>
Date: Fri, 18 Jul 2014 15:48:26 +0000
Subject: RE: Re Call from 613 995 3466 Please view Pdf file hereto attached
To: David Amos <motomaniac333@gmail.com>
Cc: PCC Complaints
Dear Mr. Amos,
This will acknowledge receipt of the documents you sent to this office
and to advise you that I was unable to identify specific issues
related to the conduct of an RCMP member. I am, therefore, writing to
clarify for you the mandate of the Commission for Public Complaints
Against the RCMP.
This Commission was established by Parliament to oversee the public
policing activities of the RCMP. Part VII of the Royal Canadian
Mounted Police Act (“RCMP Act”) describes the mandate of this
Commission. Its mandate is to review “the conduct, in performance of
any duty or function under the [RCMP] Act, of any member [of the RCMP]
…” Taken as a whole, the concerns outlined in your letter do not
appear to qualify as conduct of the RCMP in the performance of a duty
or function under the Act and, therefore, do not fall within this
Commission’s mandate.
As a result, this Commission has no role to play in resolving the
issues you have raised in your letter. Accordingly, we will be unable
to process your concerns as a public complaint under Part VII of the
RCMP Act.
If your intention is to submit a complaint regarding the on-duty
conduct of a member(s) of the RCMP, you will need to provide specific
details, such as the date, time and city of each incident, names of
the members you wish to complain about and the details of the improper
conduct as it relates to each of them.
You can do so through our online complaint form located at:
http://www.cpc-cpp.gc.ca/cnt/
Alternatively, we can also be reached by:
E-mail: complaints@cpc-cpp.gc.ca
Fax : 604-501-4095
Telephone : 1-800-665-6878
Sincerely,
Tammy Wright
A/Intake Officer / Agent d’Information de Liaison
Commission for Public Complaints against the RCMP | Commission des
plaintes du public contre la GRC
Tel/Tél : (604) 501-4080 | Fax/Téléc : (604) 501-4095
complaints@cpc-cpp.gc.ca
-----Original Message-----
From: David Amos [mailto:motomaniac333@gmail.
Sent: July-17-14 11:50 AM
To: general@oic-ci.gc.ca; ORG; MulcaT; leader; justin.trudeau.a1; pm;
Mackap; steven.blaney
Cc: david.hansen; David Amos; Marianne.Ryan; mclellana
Subject: Fwd: Re Call from 613 995 3466 Please view Pdf file hereto attached
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com&
Date: Thu, 17 Jul 2014 12:23:52 -0600
Subject: Re: Re Call from 613 995 3466 Please view Pdf file hereto attached
To: "Seeds, Erin" <Erin.Seeds@justice.gc.ca&
Cc: David Amos <david.raymond.amos@gmail.
Cya'll in Court then
On 7/17/14, Seeds, Erin <Erin.Seeds@justice.gc.ca&
& gt; Mr. Amos,
& gt;
& gt; I have no means of retaining these documents until you submit your request.
& gt; You will see when you get to the website, that you can attach relevant
& gt; documents to your request. Please do so at that time. Please also note that
& gt; the Access to Information Office is only capable of providing records held
& gt; at the Department of Justice. We have no investigative powers and while we
& gt; do not dismiss your concerns, we have no means of taking action
on them. Any
& gt; documents you provide will be used only to better fulfill the Access to
& gt; Information or Personal Information requests you submit them with. Below is
& gt; a list of offices that may be better suited to investigate your concerns:
& gt;
& gt;
& gt; Office of the Privacy Commissioner of Canada
& gt; 30 Victoria Street
& gt; Gatineau, Quebec
& gt; K1A 1H3
& gt; Toll-free: 1-800-282-1376
& gt; Phone: (819) 994-5444
& gt; Fax: (819) 994-5424
& gt; http://www.priv.gc.ca/cu-cn/
& gt;
& gt; Office of the Information Commissioner
& gt; 30 Victoria Street
& gt; Gatineau, Québec K1A 1H3
& gt; Tel: 1-800-267-0441
& gt; Fax: 819-994-1768
& gt; For general enquiries e-mail: general@oic-ci.gc.ca
& gt;
& gt; Commission for Public Complaints Against the RCMP
& gt; National Intake Office
& gt; P.O. Box 88689
& gt; Surrey, BC V3W 0X1
& gt; From anywhere in Canada: 1-800-665-6878
& gt; org@cpc-cpp.gc.ca
& gt;
& gt; -----Original Message-----
> From: David Amos [mailto:motomaniac333@gmail.
& gt; Sent: 2014-Jul-17 1:37 PM
& gt; To: Seeds, Erin
& gt; Cc: David Amos
& gt; Subject: Re: Re Call from 613 995 3466 Please view Pdf file hereto attached
& gt;
& gt; Yes Please (I just called as well). I did not fill out a form yet
& gt;
& gt; However I have asked the various Justice Ministers on the phone and in
& gt; writing about my files since Irwin Cotler had the job Not one soul has
& gt; ever responded ethically until you did today. Thankyou for that
& gt;
& gt; Best regards
& gt; Dave Raymond Amos
& gt;
& gt; On 7/17/14, Seeds, Erin <Erin.Seeds@justice.gc.ca&
& gt;> Thank you Mr. Amos. Do you want me to attach this to your personal
& gt;> information request? I haven't seen of your request yet; did you submit
& gt;> it
& gt;> to Justice on the website I mentioned?
& gt;>
& gt;>
& gt;> Erin Seeds
& gt;> Junior ATIP Analyst
& gt;> Jusctice Canada
& gt;> Phone: 613-941-4189
& gt;> erin.seeds@justice.gc.ca
& gt;>
---------- Original message ----------
From: PCC Complaints <complaints@cpc-cpp.gc.ca>
Date: Mon, 21 Oct 2013 17:59:52 +0000
Subject: The Commission for Public Complaints against RCMP - #2013-2824
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Dear Mr. Amos:
This is further to your recent communications with the Commission.
From September 18, 2013 to the present, our office has received 6
electronic messages from you. Many of these e-mails are not related to
RCMP conduct.
On October 1, 2013, you called our office and spoke with an Intake
Officer. You wished to enquire about three complaint files. When the
Intake Officer attempted to inform you that you have three enquiry
files with the Commission, you became agitated and insisted otherwise.
You raised your voice and spoke over the Intake Officer. You then
demanded the name of the Intake Officer, and subsequently yelled "see
you in federal court" and hung up the telephone line.
As a reminder, we request that all future correspondence with our
office must be courteous in tone and that you are respectful of the
requests that are made of you. While it is clearly not the intention
of the Commission to prevent you from making complaints against
members of the RCMP, your recent emails and telephone call have been
unproductive for both you and for Commission staff. In the future, we
request that all communication with our office be respectful in
language and related to our mandate. In the event that this request
is not respected, the Commission will consider imposing restrictions
on how you may communicate with our office.
Should you have a complaint about a specific RCMP member surrounding a
specific incident, I invite you to visit the Commission's website
(www.cpc-cpp.gc.ca<http://www.
complaint, rather than to send an email that is difficult to follow or
a copy of a letter you have sent to many others. The complaint form
will guide you through the information required that will enable the
Commission to process your complaint. Should you have difficulty in
accessing the complaint form and wish to have one sent to you, you may
provide your mailing address and a form will be mailed to you via
Canada Post.
I would also invite you to send your correspondence regarding any new
or existing complaints (quoting the appropriate Commission file
number) by letter mail to:
Commission for Public Complaints Against the RCMP
National Intake Office
PO Box 88689
Surrey, BC V3W 0X1
Yours truly,
Günther Schönfeldt
Intake Officer / Agent d'information de liaison
Commission for Public Complaints Against the RCMP /
Commission des plaintes du public contre la Gendarmerie royale du Canada
Tel/Tél : 1-800-665-6878 | Fax/Téléc : (604) 501-4095
complaints@cpc-cpp.gc.ca<
---------- Original message ----------
From: PCC Complaints <complaints@cpc-cpp.gc.ca>
Subject: RE: Oh my did theOffice of the Mayor of High River piss me
off today EH Staff Sgt Ian Shardlow? Say Hey to Ms Smith at the
Townhall Meeting tonight for me will ya...
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com&
Hello Mr. Amos:
This e-mail is to acknowledge your recent communication with our
office about the RCMP.
If you wish to submit a complaint regarding the on-duty conduct of a
member(s) of the RCMP, you can do so through our online complaint form
located at:
https://www.cpc-cpp.gc.ca/cnt/
Alternatively, we can also be reached by:
Telephone : 1-800-665-6878
E-mail: complaints@cpc-cpp.gc.ca
Fax : 604-501-4095
Sincerely,
Günther Schönfeldt
Intake Officer / Agent d'information de liaison
Commission for Public Complaints Against the RCMP /
Commission des plaintes du public contre la Gendarmerie royale du Canada
Tel/Tél : 1-800-665-6878 | Fax/Téléc : (604) 501-4095
complaints@cpc-cpp.gc.ca
Automatic reply: Re My calls about Federal Court File # T-1557-15 The Commionaires, the Canadian Forces, the RCMP and other police forces etc are mentioned thoughout my complaint Paragraph 20 is just one example |
| ||||||||
Michelaine Lahaie
Chairperson
Michelaine Lahaie was appointed as Chairperson of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police on January 2, 2019.
Ms. Lahaie is a 30-year veteran of the Canadian Armed Forces, retiring at the rank of Naval Captain. During her time in service, she was posted to Saint-Jean-sur-Richelieu, Esquimalt, Halifax, Kingston, and the National Capital Region. She participated in multiple NATO exercises, and deployments with the Royal Canadian Navy, including Operation SHARP GUARD, a naval blockade assisting United Nations' peacekeeping efforts in Yugoslavia, and OPERATION APOLLO, Canada's military contribution to the United States-led international campaign against terrorism.
In 2014, Ms. Lahaie received the Chief of Defense Staff Commendation for Outstanding Leadership and Professionalism for her role as Commandant of the Canadian Forces Leadership and Recruit School in Saint-Jean, Quebec, where she had the distinction of being the first woman Commanding Officer.
Prior to joining the Commission, Ms. Lahaie served as a member of the Veterans Review and Appeal Board, an independent tribunal that holds quasi-judicial hearings and renders decisions on veterans' disability benefits.
Ms. Lahaie holds a Bachelor of Arts from the Collège militaire royal de Saint-Jean and a Master of Defence Studies from the Royal Military College of Canada.
Ms. Lahaie has been appointed as the Commission Chairperson for a five-year term.
Chairperson's Statement on the RCMP's Response to Persons in Crisis and Wellness Checks
In recent weeks, there has been heightened public interest in police responses to persons in crisis and wellness checks. I welcome the opportunity to explain the actions the Commission is taking to address such concerns in its oversight role of the RCMP.
Over the past four years, the Commission has issued 14 reports concerning individual cases where the RCMP’s actions concerning a wellness check or person in crisis was unreasonable.
Since the cases involve sensitive personal health information, the reports are not public. However, it is in the public interest to convey the general pattern of concern observed from the individual cases, as well as some of the Commission’s key recommendations made to the RCMP.
Command and Control Approach
With respect to interacting with people in crisis, the Commission’s findings have consistently highlighted concerns about police adopting a “command and control” approach—an authoritative style of dealing with a non‑compliant person.
The Commission’s reports have repeatedly found that this “command and control” approach has led to the RCMP’s unreasonable use of force in apprehending persons in crisis.
The Commission’s findings are consistent with other expert bodies on the subject.
- In the Braidwood Commission on Conducted Energy Weapon Use, Justice Thomas Braidwood observed:
It seems clear that the "command and control" philosophy underlying police recruit training, however appropriate generally, is both inappropriate and counterproductive when dealing with emotionally disturbed people.Footnote 1
- Retired Supreme Court Justice Frank Iacobucci reached
similar conclusions in his 2014 independent review into the Toronto
Police Service’s approach to persons in crisis:
The challenge, and one of the most critical requirements for police, is to know how to de-escalate a crisis involving a person who, as a result of what is effectively a transient or permanent mental disability, may not respond appropriately (or at all) to standard police commands.Footnote 2
- The Ombudsman of Ontario, in a report entitled "A Matter of Life and Death," commented that police training is focused on seeking compliance with police commands from rational offenders. While this approach is often successful with rational offenders, it is liable to escalate a confrontation with a person in crisis and different approach is required.Footnote 3
Involvement of Mental Health Professionals
In a 2016 report, the Commission recommended a review of RCMP policies and training with respect to communication and the use of force, and more recently the Commission highlighted the need for the RCMP to involve mental health professionals in its response to persons in crisis.
A statement from the Centre of Addiction and Mental Health provided the supporting context:
Mental Health is Health. This means that people experiencing a mental health crisis need health care. Police should not be the first responders when people are in crisis in the community. Police are not trained in crisis care and should not be expected to lead this important work
. . .
For too long, the health care system has relied on police to respond to mental health crises in the community. Transformative change is needed to support a new way forward. People with mental illness and their families deserve better.Footnote 4
The Commission understands that sometimes a police response to a person in crisis will be necessary. For instance, where there is concurrent criminality or a clear risk to public safety. In that sense, the RCMP’s role is an important one, but not the only one. Mental health professionals should be leading the response, with police providing support as necessary.
In a 2020 report on the topic, the Commission recommended that the Commissioner of the RCMP direct commanding officers to work with provincial and territorial partners to create appropriate health care‑led response options to persons in crisis in the community.
This recommendation was partially based on studies over the last ten years showing the success of joint response teams composed of police and mental health professionals.
The benefits of the joint teams included:
- Less use of force and fewer trips to the hospital;Footnote 5
- Less time spent by police responding to such incidents;Footnote 6
- fewer arrests and apprehensions;Footnote 7 and
- an increase of referrals to mental health resources.Footnote 8
The same 2020 report also commented on the RCMP’s role in responding to “wellness check” complaints, as many of the same issues discussed above overlap with these types of calls for police assistance. I recommended that the RCMP consider amending their policies to limit police involvement to cases where it is necessary based on criminality or a risk to public safety. I await the Commissioner’s response to my report.
I am hopeful that the increased public attention on this developing area of policing will allow the RCMP to find the right balance and establish effective policies, training, and procedures to respond to people in crisis and to handle requests for wellness checks.
I remain committed to providing effective civilian oversight on this crucial topic through the Commission’s review and investigation functions.
Footnotes
- Footnote 1
-
Braidwood, Thomas, Braidwood Commission on Conducted Energy Weapon Use, June 2009, at 263.
- Footnote 2
-
Iacobucci, Frank, Police Encounters with People in Crisis, July 2014, at 194.
- Footnote 3
-
Paul Dube, Investigation into the direction provided by the Ministry of Community Safety and Correctional Services to Ontario’s police services for de-escalation of conflict situations, June 2016, at 47–50.
- Footnote 4
-
Retrieved on June 24, 2020, from: <https://camh.ca/en/camh-news-and-stories/camh-statement-on-police-interactions-with-people-in-mental-health-crisis>.
- Footnote 5
-
É. Blais et al (2020). “Assessing the capability of a co-responding police-mental health program to connect emotionally disturbed people with community resources and decrease police use-of-force”. Journal of Experimental Criminology, 25 p. https://doi.org/10.1007/s11292-020-09434-x.
- Footnote 6
-
S. Kisely et al (2010). "A Controlled Before-and-after Evaluation of a Mobile Crisis Partnership between Mental Health and Police Services in Nova Scotia". The Canadian Journal of Psychiatry, vol. 55, no. 10, at 662–68. doi :10.1177/070674371005501005.
- Footnote 7
-
T. G. Coleman and D. H. Cotton (2010). "Reducing Risk and Improving Outcomes of Police Interactions with People with Mental Illness", Journal of Police Crisis Negotiations, vol.10, no.1-2, p. 39–57, doi: 10.1080/15332581003756950.
- Footnote 8
-
D. Brisebois (2019). “Une évaluation de l'effet du modèle d'intervention policière du Service de police de Laval (SPL) sur la prise en charge des personnes présentant un risque suicidaire”, Thèse pour la maîtrise, from : <https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/23280/Brisebois_David_2019_Travail_Dirig%c3%a9.pdf?sequence=1&isAllowed=y>.
Complaint and Review Process
The Public Complaint Process
The Commission accepts complaints about the on-duty conduct of RCMP members from individuals:
- Directly involved;
- Who witnessed the conduct itself;
- Authorized to act on behalf of the complainant.
Complaints about RCMP member conduct can also be made by the Commission Chairperson if the Chairperson determines that there are reasonable grounds to investigate. Chairperson-Initiated Complaints are processed in the same manner as a complaint from a member of the public.
A complaint must be made within a year of the alleged conduct occurring.
A Chairperson-Initiated complaint allows the Commission Chairperson to set the scope of the RCMP’s investigation of a public complaint.
If the Commission Chairperson is of the opinion that it would be in the public interest for the Commission to investigate a complaint instead of the RCMP, the Commission will conduct a Public Interest Investigation.
Public Interest Investigations can be launched in relation to a complaint received from a member of the public, or as a result of a Chairperson-Initiated Complaint.
The Commission may refuse to deal with a complaint if it:
- Is not filed within a year of the occurrence;
- Concerns decisions regarding disciplinary measures;
- Has been, or could be, more appropriately dealt with through a different process; or
- Is trivial, frivolous, vexatious or made in bad faith.
A complaint can be lodged with:
- The Commission;
- Any RCMP member;
- The provincial authority responsible for receiving complaints against police in the province in which the subject of the complaint took place.
A Public Interest Investigation is a public complaint investigation conducted by the CRCC rather than the RCMP.
The Review Process
When a complaint is made, typically the RCMP carries out the initial investigation into the complaint and reports back to the complainant.
If a complainant is not satisfied with the RCMP's handling of their complaint, they may request that the Commission conduct a review of the RCMP's investigation.
Upon such a request, the Commission obtains all relevant material from the RCMP and assesses the RCMP's investigation of the complaint.
The Commission is an independent agency and does not act as an advocate either for the complainant or for RCMP members.
The role of the Commission is to make findings after an objective examination of the information available and to make recommendations that improve policy and performance of the RCMP and its members.
If, in conducting its review, the Commission finds the RCMP did not conduct a thorough investigation, the Chairperson can request that the RCMP make further enquiries.
Following its review, if the Commission is satisfied with RCMP's handling of the complaint, the Chairperson issues a Satisfied Report to the RCMP Commissioner, the Minister of Public Safety, the complainant, and the member(s) involved, thereby ending the review process.
If, at the conclusion of the review, the Commission is not satisfied with the RCMP's handling of the complaint, the Chairperson will issue an Interim Report, outlining various findings and recommendations directed at the RCMP, which will be sent to the RCMP Commissioner and the Minister of Public Safety.
Once the Interim Report has been reviewed by the RCMP, the RCMP Commissioner gives notice, identifying which recommendations the RCMP will act on. If no action is to be taken, the Commissioner must provide reasons.
After receiving the Commissioner's Response, the Chairperson considers the RCMP's position and prepares a Final Report. This report is then provided to the RCMP Commissioner, Minister of Public Safety, the complainant, the member(s) involved, and the appropriate provincial Minister. This completes the Commission's review process.
Complainants must request a review within 60 days of receiving the RCMP’s formal response to their complaint.
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