IIO says use of force during Saanich arrest was 'close to the line' in terms of justification
The Independent Investigations Office (IIO) of B.C. has cleared the Saanich Police Department of wrongdoing after officers deployed a police dog and fired non-lethal rounds during an arrest last year, but not without reservations.
The violent arrest occurred on May 31 when a man was helping his mother serve an eviction notice to the upstairs tenant of their home, according to the IIO.
The man, who has Asperger's Syndrome, grew angry after the tenant refused to accept the eviction notice and struck the tenant's front door with a hammer.
Police were called to the scene, and after a roughly two-hour standoff, one officer fired two non-lethal rounds from an anti-riot weapon at the man, and a police dog was deployed, biting the man's arm and causing serious injury.
The IIO spoke with officers involved in the incident, as well as civilian witnesses. Civilian video recordings, medical evidence and 911 and police radio transmissions were also examined in order to determine if police actions were justified.
The IIO says officers did a "good job" trying to negotiate with the man before the riot weapon and police dog were used.
However, "the haste with which the [riot weapon] and, particularly, the [police dog] were deployed against [the man] was unfortunate and 'close to the line' in terms of justification," reads the IIO report released Thursday.
USE OF FORCE
The IIO says the man was not threatening the officers during the standoff, but he was being non-compliant with their directions.
Some of the officers involved also told the IIO they were concerned that the man may still be able to access the hammer, since it was somewhere out of view, though the IIO says this concern was "somewhat fanciful" after the man stepped away from the tenant's front door.
After nearly two hours of negotiations, the man agreed to come down a set of stairs in front of the tenant's second-floor home.
Once at the bottom of the staircase, he was supposed to put his hands on his head and lie down on the ground, which he refused to do.
While the man refused to lie down, the IIO says it is concerned at how quickly officers resorted to using the riot weapon and police dog to take the man into custody.
"While [the man] was, categorically, not at any point 'actively resistant,' he was doggedly non-compliant," said IIO director Ronald J. MacDonald in the report.
"It is only this factor, combined with the evidence of his earlier violent use of a hammer against [the tenant's] door and car, that can be said to bring the officers’ use of force within the reach of legal justification," he said.
"While I would not call that use of force commendable, neither can I call it criminal," said MacDonald.
The IIO has closed its investigation into the matter and will not be referring charges to Crown counsel.
CTVNews.ca Top Stories
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.