Two RCMP officers in British Columbia will not face criminal charges for their use of force that left a man arrested for public drunkenness with a concussion, a torn shoulder and a strand of hair – but they could do subject to professional disciplinary measures.

This week, the British Columbia Office of Independent Investigations released its report into the November 2021 arrest on Vancouver Island, refusing to release a report to the Crown while referring the matter to the RCMP who will determine whether officers violated the force’s code of conduct.

The injured man, referred to as the affected person or “the AP” in the IIO report, was initially arrested by police because he was seen with an open beer near the scene of an accident involving a single vehicle in Shawnigan Lake.

Although police determined that AP was not the driver of the vehicle, “the officers believed that AP was too intoxicated to allow him to continue walking in the middle of a dark road late at night,” the report said, adding that police arrested AP. for being drunk in public and causing disorder.

Use of force

When the AP arrived at the RCMP cells in Duncan, “an interaction took place that resulted in a concussion and a torn shoulder that required surgery,” according to the IIO.

The two officers involved in the interaction, whose use of force was under investigation, are referred to as SO1 and SO2 in the report.

Before putting the AP in a jail cell, the officers uncuffed him and asked him to remove “excess layers of clothing,” which the AP did without objection, according to the surveillance video. from the prison.

Then, one of the officers touched the AP’s hair to try to determine if he had tied it up, which the report says the police did because hair ties are routinely confiscated with glasses or glasses. piercings before someone is put in a cell.

“The AP can then be seen on the video pushing SO2’s hand away. The AP said, ‘it just escalated from there,'” according to the report.

“The SO1 then grabbed the AP’s shoulder, and the AP then grabbed the SO1’s shirt. A struggle ensued between the AP and the agents. The video shows that SO1 and SO2 attempted to take control of the AP using physical force, bringing it to the ground. by her hair. The officers then dragged the AP into the cell by his arm and hair. Once in the cell, SO1 also hit the side of the body with his knee and then untied AP’s long hair while he was in the cell. The video shows that part of the AP’s hair came out during the struggle.”

Hours later, the AP was taken to the hospital where he was diagnosed with a concussion and “several” tears in his right shoulder, according to the report.

Watchdog conclusion

In this case, the IIO concluded that both officers were justified in using force against the AP and that the use of force was reasonable and necessary in the circumstances.

“That being said, the officers’ actions that day are concerning,” the IIO report said.

“They used the AP’s hair to drag him into the cell. It does not appear that the agents attempted any de-escalation strategies in their dealings with the AP.” It also does not appear that there was adequate communication throughout the incident, as the AP did not understand why he was arrested in the first instance or the search procedure that followed his arrest .

The IIO was informed of the RCMP arrest in early 2023 after the AP filed a complaint with the Mounties in 2022. Medical information received with the complaint indicated that the AP’s injuries could having reached the serious harm threshold, which triggered the IIO. investigation.