BY TAMARA BELKOV
Greater Sudbury Police Chief Ian Davidson says he has not received
a formal complaint about police brutality but has started an
internal investigation anyway into allegations made by two young
people.
Shawn Pelletier and Ander Reszczynski spoke to the media after
being arrested at The Grotto for trespassing about 3 am June 26.
They allege the police used excessive force to arrest them after
being told to leave the outdoor religious site.
The normal procedure for making a public complaint against a
police officer’s behaviour is to make a complaint to the
chief’s office.
“I have initiated a review of the circumstances
because I am concerned with the optics, and also concerned with
protecting the integrity of the police services and the officers
who have been impugned by the two people who are
complaining,” Davidson said.
“I think it is important that the system be engaged. On
what exactly did occur and, if circumstances warranted the response
of the officers, I’m not going to comment. The matter is
before the court.”
He added he is not in a position to judge the complaint or actions
of the officers without a detailed review of the circumstances of
the arrest and the report by his police investigators.
Davidson said he first learned of the allegations against the
police on the Internet (Autonomy & Solidarity website:
http://auto_sol.tao.ca).
“I’m concerned when I hear people say we
(police) target disadvantaged people and on the basis of race, or
social economic status, (and) that they are homeless or any other
issue that makes them appear vulnerable or disadvantaged, that they
have no voice.
In Canada citizen’s do have certain rights against
detention by the police as guaranteed in Section One of the Charter
of Rights and Freedoms.
“The police can’t just swoop down and arrest
you because they don’t like the look of you. But they can
arrest you, or detain you, if it can be demonstrated that it was
justified in a free and democratic society," said
Davidson.
According to Davidson, when Sudburians are arrested, 99 percent go
willingly.
They are searched, handcuffed, and after arriving at the station,
are either charged or released pending investigation.
“People are not physically assaulted during the course of
arrest where there is no risk to the officers and no resistance. I
mean, to suggest otherwise is ludicrous. Most people, even hardened
criminals just go peaceably,” said Davidson.
If they don’t, police officers have the right to use the
minimum amount of force necessary to effect the arrest under the
law. Arrest procedure dictates an officer must verbally inform the
person why they are being arrested and engage verbally to
de-escalate the situation. If the person poses a threat or actively
resists the officer the officer is trained and lawfully authorized
to respond according to the threat.
“If someone breaks the law and then says
,‘sorry, you’re not arresting me’
what is the officer supposed to? Say, OK, see ya,” said
Davidson.
The type of force a police officer may use to effect and arrest
varies from open hand techniques, physically restraining those
individuals, it could be pepper spray, or escalate to the use of a
baton, a taser and even a firearm in certain circumstances.
“But how do you measure the exact amount of force
necessary? Is there such a thing as the exact amount of force, and
how do you weight the use of force options in a physical
confrontation? Or with someone who wants to use force or physical
violence against you. It’s a difficult position for
officers to be in. They have the right to protect themselves while
they are protecting society.”
The internal review process is a fair and balanced, said the chief.
Recently the system was tested, when a local police
officer was found guilty of assaulting his wife.
“There are so many checks and balances out there. The
media has already made this a significant issue and it is a
significant story. It has been all over the Internet where people
have called in and complained and expressing concern and others
have called in support of the police.”
Pelletier and Reszczynski made their first appearance in
provincial court July 5. Both are charged with trespassing,
resisting arrest, destruction of property, obstruction of justice
and mischief.
