He was urinating in an alley, he ended up in hospital, injured after an altercation with the police. The case of a man in his 30s stopped by a patrol officer three years ago raises several questions about the use of force, even if the officer followed the rules. The DPCP also announced last week that this case, handled by the BEI at the time, would not be the subject of any charges.
The intervention takes place one summer evening in 2021. The suspect is then urinating in an alley. The 36-year-old man, whose identity has not been revealed by authorities, turns his back on the police officer. He is on rollerblades.
The agent stops the individual near the 24e Avenue in Montreal since it contravenes municipal by-laws.
When asked to identify himself, the offender only gives his first name. The BEI press release published at the time indicates “that he gave a false identity to the police officer”.
The individual is intoxicated, according to the summary of the facts presented by the DPCP in a press release released at the beginning of the week. He walks away from the police officer, claiming that he wants to “go home”.
The officer then grabs his left wrist and places his right arm around him at chest level. Immobilized, the man tries to free himself from the police officer’s grip.
The latter lifts the man from the ground and tries to seat him on the sidewalk in order to handcuff him. During the maneuver, the man fell on his back and his head hit the sidewalk.
He is still conscious, but the police officer realizes that his condition requires the intervention of paramedics. “The man was transported to hospital where he received the care required by his state of health,” specifies the DPCP in its press release.
“Social choices”
“To have the right to use force, you need someone who violates the law,” recalls Stéphane Wall, a retired police officer specializing in the use of force.
PHOTO ROBERT SKINNER, LA PRESSE ARCHIVES
Retired police officer Stéphane Wall
The police also have the power to seek to establish the identity of the person arrested under the Code of Criminal Procedure. “If the person in front of the officer is committing an offense, he can question him. »
The initial contact – taking the individual’s arm – in the case cited above is made from the moment the suspect does not cooperate. “The initial contact was made while the suspect was trying to flee. »
If we do not attempt to immobilize the individual in such a case, we risk having to pursue him on foot.
Grasping the elbow or wrist and pulling an individual’s arm behind the back can be a way to more easily handcuff the individual.
When one flees or struggles, this is active resistance. Succeeding in controlling someone standing alone is very difficult. This is why the officer probably wanted to take him to the ground to limit his ability to move.
Stéphane Wall, retired police officer
Some people might question the intervention more broadly: why did it come to this for an individual who was relieving himself in an alley one summer evening?
“These are societal choices. Normally when a regulation has been put in place, it is because we do not want to leave room for incivility,” explains Mr. Wall.
The majority of police officers decide to apply a regulation for recalcitrant people who try to escape.
Yes, the police have the discretionary power to give a warning instead of a ticket, admits Mr. Wall, who made a career with the SPVM. “On the other hand, the attitude of the person arrested will greatly contribute to the way the intervention takes place. »
Most law enforcement officers put in this situation hope that the subject will be cooperative. “But if the person wants to escape, there is a good chance that an officer will intervene to prevent them. »
He notes a difference between citizens who cooperate and those who resist or obstruct the work of a peace officer.
The BEI, too opaque ?
“Without commenting directly on the merits or otherwise of this intervention, I think that there is a distinction to be made between the legality of the intervention and the police discretion to unduly prosecute acts of incivility,” believes Ms.e Fernando Belton, president of the Saint-Michel Legal Clinic and lecturer on racial profiling at McGill University and the University of Ottawa.
An arrest, according to the lawyer, should only be attempted if other solutions yield no results. Even more: an attempted arrest can result in a more serious confrontation than the initial offense, he explains.
“The use of excessive force or improper use of the power of arrest may expose the occupier, or its designated representative, to criminal prosecution and civil liability, even when the reason for the intervention is lawful. »
The BEI investigation reports sent to the DPCP and the Coroner’s Office are never made public. However, one of the BEI’s purposes is to restore trust between the public and the authorities.
Citizens should therefore have the right to know and understand the reasons for a police operation, believes Me Belton. “The opacity of the BEI investigation process raises important questions of legitimacy for the public. »