Case Summary (Excessive Use of Force)

Two RCMP members went to the residence of a suspected impaired driver. Upon their arrival, the members approached the suspect outside the residence and asked to speak with him. The suspect refused and retreated into the residence where he resided with his elderly parents. The suspect's father came out, and the members advised that they wished to speak to his son. The RCMP members (now three) followed the suspect's father into the enclosed back porch of the residence where he called for his son. 

For unknown reasons, the RCMP members attempted to restrain the father with a head or neck restraint. Both the suspect and his mother heard the commotion and rushed to the aid of the father who had escaped the restraint. By this time, three more members (now six) had arrived as back-up and entered the back porch area. The members then attempted to arrest the son, following which the mother and father repeatedly asked for clarification as to what was happening. The members consistently refused to provide an explanation and threatened both of them with arrest for obstruction. Ultimately, a number of uses of force were used against all three family members, and the father and son were arrested.

The mother lodged a complaint with the Commission alleging, among other things, that the RCMP members used excessive force and exhibited inappropriate conduct toward her family.

The Chair concluded in an interim report that the members' overzealous conduct and lack of communication throughout the incident precipitated the resulting traumatic event. Despite the repeated requests for information by the complainant and her husband, none of the six RCMP members present responded in a manner intended to de-escalate the situation. Instead, the members resorted to using inappropriate and excessive force against the elderly parents and their son. The Chair recommended that the members be reminded of the importance of appropriate communication with clients, that they approach this complainant with a view of bringing about reconciliation with her and her family and that they apologize for the inappropriate uses of force.

The RCMP Commissioner rejected the Chair's conclusion suggesting that, while the members were partially responsible for the absence of effective communication, the family's "substantial level of aggression" prevented a "productive exchange." By so concluding, the Commissioner failed to recognize that the members' lack of appropriate communication created an atmosphere of tension and hostility. The Commissioner further failed to reinforce the RCMP's internationally recognized problem-solving guidelines, which require police officers to communicate effectively and to initially try to defuse situations, rather than resort to physical force. The Chair maintains that there is ample evidence that the members resorted to force without considering alternative and reasonable means to handle what could have otherwise been a routine matter.

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