Two Cowichan RCMP officers have been cleared of any criminal wrongdoing but could face discipline from within the RCMP following an investigation into their conduct following a November 2021 arrest in Shawnigan Lake.
Police were called out to a single vehicle crash just after 10:30 p.m. on Nov. 20, 2021 on West Shawnigan Lake Road.
When they arrived at the scene the vehicle in question was empty though the driver later identified himself.
It was while police were looking for that driver that they came across the complainant (AP), who'd been walking along the road. After speaking with him, police had reason to believe he'd been drinking. When the man got upset, was argumentative and refused a ride to a safer space, he was arrested for public intoxication and causing a disturbance.
It was at the North Cowichan/Duncan RCMP jail cells that the RCMP conduct in question occurred.
A civilian jail guard who was working at the time told investigators that "prisoners are generally asked to remove clothing down to one layer, for their own safety and so they cannot hide anything" and that "RCMP indicates that all prisoners must be searched and 'any objects that could be used as an aid in an escape or to injure themselves or another person' must be removed."
While CCTV showed the AP comply with the clothing request, it also showed him, without handcuffs on, swat the officer's hand away when the officer went to search for a hair tie in the man's long hair.
According to the video, a scuffle ensued. The officer grabbed the AP's shoulder, who took hold of the officer's shirt.
The video also showed the two officers attempting to gain control of the AP "by using physical force, bringing him to the ground by his hair. The officers then dragged the AP into the cell by his arm and hair."
Once in the cell, one of the officers "struck the side of the AP's body with his knee."
While untying the man's hair inside the cell, CCTV shows "a chunk of the AP's hair came out during the struggle with officers."
Four hours later the complainant asked to be taken to hospital. The report states he told paramedics he'd been punched in the head.
"According to the medical records, the AP suffered a concussion and several tears to his right shoulder that later required surgery."
The complainant didn't register his complaint of mistreatment with the RCMP until 2022 and the IIO didn't receive the file until January 2023. Jessica Berglund, chief civilian director of the Independent Investigations Office of B.C. released her findings on Oct. 21.
"It was reasonable for the officers to use force to get him searched and into the cell quickly. They did not have any previous dealings with the AP and were not sure whether his resistance was going to escalate," Berglund wrote.
"That being said, the officers' actions that day cause concern. They used the AP's hair to drag him into the cell. There did not appear to be de-escalation strategies attempted by the officers in their dealings with the AP."
Berglund went on to say that "although not perfect, the officers' actions were reasonable and necessary to get the AP under control quickly.
"Although the overall situation does not meet a criminal standard to refer this matter to Crown counsel, the matter will be referred to the RCMP for their consideration as to whether the officers' conduct constitutes a violation of their code of conduct."
